PRINTER'S NO. 203
No. 212 Session of 1999
INTRODUCED BY STETLER, COY, PRESTON, DeLUCA, RAMOS,
E. Z. TAYLOR, M. COHEN, SEYFERT, ROBINSON, J. TAYLOR, HARHAI,
STEELMAN, CIVERA AND PLATTS, JANUARY 28, 1999
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 28, 1999
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further authorizing operating privilege suspension
3 for certain offenses of prostitution.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 1532 of Title 75 of the Pennsylvania
7 Consolidated Statutes, amended December 21, 1998 (P.L. ,
8 No.151), is amended by adding a subsection to read:
9 § 1532. Suspension of operating privilege.
10 * * *
11 (e) Suspension and prostitution.--The department shall
12 suspend the operating privilege of any person upon receiving a
13 certified record of the driver's conviction under 18 Pa.C.S. §
14 5902(e) (relating to prostitution and related offenses) or
15 conviction under any municipal corporation ordinance relating to
16 prostitution offenses. The duration of the suspension shall be
17 as follows:
18 (1) For a first offense, the department shall impose a
1 suspension for a period of 60 days.
2 (2) For a second offense, the department shall impose a
3 suspension for a period of 180 days.
4 (3) For a third offense, the department shall impose a
5 suspension for a period of one year.
6 (4) For a fourth and subsequent offense, the department
7 shall impose a suspension for a period of two years. Any
8 multiple suspensions imposed shall be served consecutively.
9 (5) The court shall provide the department with a
10 certified record of the conviction of any person under 18
11 Pa.C.S. § 5902(e) or conviction under any municipal
12 corporation ordinance relating to prostitution offenses.
13 (6) Any person whose license is suspended under this
14 subsection may qualify for an occupational limited license.
15 The person must meet and follow requirements set forth in
16 section 1553 (relating to occupational limited license) in
17 applying and using an occupational limited license. Those
18 convicted of a fourth and subsequent offense shall not
19 qualify for an occupational limited license.
20 (7) A person whose operating privilege is suspended
21 under this subsection may elect to reduce the period of
22 suspension imposed by the court by performing court-
23 authorized community service. The period of suspension
24 ordered by the court shall be reduced at the rate of one day
25 for each hour of community service performed, for a maximum
26 reduction in suspension of 30 days for those convicted of a
27 first offense and 90 days for those convicted of a second
28 offense. Those convicted of third or subsequent offenses will
29 not qualify for the community service allowance. The court
30 must approve any community service plan and have final
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1 oversight on whether the person adequately performed the
2 community service. The court shall notify the department that
3 the person performed the community service and shall order
4 reduction in suspension.
5 (8) Reinstatement of operating privileges shall be
6 governed by section 1545 (relating to restoration of
7 operating privilege).
8 (9) The suspension of operating privileges pursuant to
9 this section shall be in addition to a penalty imposed upon
10 conviction of 18 Pa.C.S. § 5902(e) or upon conviction of any
11 municipal ordinance relating to prostitution offenses.
12 Section 2. Section 1542(b) of Title 75 is amended by adding
13 a paragraph to read:
14 § 1542. Revocation of habitual offender's license.
15 * * *
16 (b) Offenses enumerated.--Three convictions arising from
17 separate acts of any one or more of the following offenses
18 committed by any person shall result in such person being
19 designated as a habitual offender:
20 * * *
21 (5) Any violation of section 1532(e) (relating to
22 suspension of operating privilege).
23 * * *
24 Section 3. Section 1575(b) of Title 75 is amended to read:
25 § 1575. Permitting violation of title.
26 * * *
27 (b) Penalty.--Any person violating the provisions of
28 subsection (a) is guilty of a summary offense and is subject to
29 the same fine as the driver of the vehicle. If the driver is
30 convicted under section 3731 (relating to driving under
19990H0212B0203 - 3 -
1 influence of alcohol or controlled substance) [or], 3735
2 (relating to homicide by vehicle while driving under influence)
3 or 1532(e) (relating to suspension of operating privilege), the
4 person violating subsection (a) shall also be subject to
5 suspension or revocation, as applicable, under sections 1532
6 [(relating to revocation or suspension of operating privilege)]
7 and 1542 (relating to revocation of habitual offender's
8 license).
9 * * *
10 Section 4. This act shall take effect immediately.
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