PRINTER'S NO. 897

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 834 Session of 1993


        INTRODUCED BY NICKOL, MARCH 22, 1993

        REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 22, 1993

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for habitual offender's license.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5     Section 1.  Section 1542 of Title 75 of the Pennsylvania
     6  Consolidated Statutes is amended to read:
     7  § 1542.  Revocation of habitual offender's license.
     8     (a)  General rule.--The department shall revoke the operating
     9  privilege of any person found to be a habitual offender pursuant
    10  to the provisions of this section. A "habitual offender" shall
    11  be any person whose driving record, as maintained in the
    12  department, shows that such person has accumulated the requisite
    13  number of convictions for the separate and distinct offenses
    14  described and enumerated in subsection (b) committed after the
    15  effective date of this title and within any period of five years
    16  thereafter.
    17     (b)  Offenses enumerated.--Three convictions arising from


     1  separate acts of any one or more of the following offenses
     2  committed [either singularly or in combination] by any person
     3  shall result in such person being designated as a habitual
     4  offender:
     5         (1)  Any offense set forth in section 1532 (relating to
     6     revocation or suspension of operating privilege).
     7         (2)  Operation following suspension of registration as
     8     defined in section 1371 (relating to operation following
     9     suspension of registration).
    10         (3)  Making use of or operating any vehicle without the
    11     knowledge or consent of the owner or custodian thereof.
    12         (4)  Utilizing a vehicle in the unlawful transportation
    13     or unlawful sale of alcohol or any controlled substance.
    14         (5)  Any felony in the commission of which a court
    15     determines that a vehicle was essentially involved.
    16     (c)  Accelerative Rehabilitative Disposition as an offense.--
    17  Acceptance of Accelerative Rehabilitative Disposition for any
    18  offense enumerated in subsection (b) shall be considered an
    19  offense for the purposes of this section.
    20     (d)  Period of revocation.--The operating privilege of any
    21  person found to be a habitual offender under the provisions of
    22  this section shall be revoked by the department for a period of
    23  five years.
    24     (e)  Additional offenses.--Any additional offense committed
    25  within a period of five years shall result in a revocation for
    26  an additional period of two years.
    27     (f)  Multiple violations.--All violations based on the same
    28  conduct or arising from the same driving episode shall for
    29  purposes of this section be considered a single conviction.
    30     Section 2.  This act shall take effect in 60 days.
    C11L75PJP/19930H0834B0897        - 2 -