PRINTER'S NO. 115

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 118 Session of 1991


        INTRODUCED BY DeLUCA, McNALLY, COWELL, SCHEETZ, McGEEHAN, GEIST,
           VROON, E. Z. TAYLOR, BARLEY, ITKIN, BUNT, COHEN, NOYE, WOGAN,
           HERMAN, JOHNSON, MELIO, COLAIZZO, PRESTON, PESCI, TRELLO,
           HALUSKA, FOX, LAUGHLIN, STEELMAN, DALEY, BILLOW, CIVERA,
           TIGUE, MIHALICH, JAMES, LEVDANSKY, PISTELLA, COY, SERAFINI
           AND MICHLOVIC, JANUARY 29, 1991

        REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 29, 1991

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, providing for the
     3     disposition of a delinquent child, including driver's license
     4     suspension, for an offense involving a motor vehicle.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 6352 of Title 42 of the Pennsylvania
     8  Consolidated Statutes is amended by adding a subsection to read:
     9  § 6352.  Disposition of delinquent child.
    10     * * *
    11     (c)  Delinquent act involving motor vehicle.--In addition to
    12  a disposition made under this section, the court shall order the
    13  operating privilege of a delinquent child to be suspended by the
    14  Department of Transportation for a period established in this
    15  subsection, when, while committing an act for which he was
    16  adjudicated delinquent or during flight therefrom, a motor
    17  vehicle was used. When the court orders a suspension of the

     1  operating privilege, which shall include a suspension of the
     2  privilege of operating a motorized pedalcycle, of a person under
     3  this subsection, the duration of the suspension shall be as
     4  follows:
     5         (1)  For a first offense, a period of 180 days from the
     6     date of disposition.
     7         (2)  For a second offense, a period of one year from the
     8     date of disposition.
     9         (3)  For a third offense, and any offense thereafter, a
    10     period of two years from the date of disposition. Suspensions
    11     resulting from offenses which do not arise from the same
    12     criminal episode shall be imposed consecutively.
    13  A person whose record is received by the Department of
    14  Transportation under this subsection and who does not have a
    15  driver's license shall be ineligible to apply for a learner's
    16  permit under 75 Pa.C.S. §§ 1505 (relating to learners' permits)
    17  and 1507 (relating to application for driver's license or
    18  learner's permit by minor) for the time periods specified in
    19  this subsection. If the person is under 16 years of age when he
    20  is adjudicated delinquent, the suspension of his operating
    21  privilege shall commence upon his 16th birthday for the time
    22  periods specified in this subsection.
    23     Section 2.  This act shall take effect immediately.





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