AN ACT

 

1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, in licensing of drivers, further providing for
3occupational limited license; and, in enforcement, further 
4providing for reports by courts and for failure to comply 
5with provisions of subchapter.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Sections 1553(d)(10) and 6323(1) of Title 75 of
9the Pennsylvania Consolidated Statutes are amended to read:

10§ 1553. Occupational limited license.

11* * *

12(d) Unauthorized issuance.--The department shall prohibit
13issuance of an occupational limited license to:

14* * *

15(10) [Any] (i) Except as provided under subparagraph 
16(ii), any person whose operating privilege has been
17suspended pursuant to either former section 13(m) of the
18act of April 14, 1972 (P.L.233, No.64), known as The

1Controlled Substance, Drug, Device and Cosmetic Act, or
2section 1532(c) (relating to suspension of operating
3privilege) unless the suspension imposed has been fully
4served.

5(ii) Subparagraph (i) shall not apply to a person
6whose:

7(A) operating privilege has been suspended
8pursuant to either:

9(I) former section 13(m) of The Controlled
10Substance, Drug, Device and Cosmetic Act; or

11(II) section 1532(c) for a conviction of any 
12offense involving the possession, sale, delivery, 
13offering for sale, holding for sale or giving 
14away of any controlled substance under the laws 
15of the United States, this Commonwealth or any 
16other state; and

17(B) record of conviction, <-acquittal or other
18disposition <-adjudication of delinquency or a granting
19of a consent decree was not sent to the department
20within the time period required under section 6323(1)
21(relating to reports by courts).

22* * *

23§ 6323. Reports by courts.

24Subject to any inconsistent procedures and standards relating
25to reports and transmission of funds prescribed pursuant to
26Title 42 (relating to judiciary and judicial procedure):

27(1) The following shall apply:

28(i) The clerk of any court of this Commonwealth,
29within ten days after final judgment of conviction or
30acquittal or other disposition of charges under any of

1the provisions of this title or under section 13 of the
2act of April 14, 1972 (P.L.233, No.64), known as The
3Controlled Substance, Drug, Device and Cosmetic Act,
4including an adjudication of delinquency or the granting
5of a consent decree, shall send to the department a
6record of the judgment of conviction, acquittal or other
7disposition.

8(ii) The following shall apply:

9(A) The clerk of any court of this Commonwealth 
10shall, by January 1, 2016, send to the department 
11each record of the following, including an 
12adjudication of delinquency or the granting of a 
13consent decree, that was not sent within ten days 
14after final judgment of conviction or acquittal or 
15other disposition:

16(I) A judgment of conviction, <-acquittal or 
17other disposition of charges <-adjudication of 
18delinquency or a granting of a consent decree 
19under section 13 of The Controlled Substance, 
20Drug, Device and Cosmetic Act.

21(II) A judgment of conviction, <-acquittal or 
22other disposition of charges <-adjudication of 
23delinquency or a granting of a consent decree 
24under section 1532(c) (relating to suspension of 
25operating privilege) for a conviction of any 
26offense involving the possession, sale, delivery, 
27offering for sale, holding for sale or giving 
28away of any controlled substance under the laws 
29of the United States, this Commonwealth or any 
30other state.

1(B) A filing made under this subparagraph shall
2be valid for the purposes of this title.

3* * *

4Section 2. Section 6324 of Title 75 is amended by adding a
5subsection to read:

6§ 6324. Failure to comply with provisions of subchapter.

7* * *

8(c) Validity.--Except as provided under section 6323(1)(i) 
9(relating to reports by courts), a record of the following, 
10including an adjudication of delinquency or the granting of a 
11consent decree, that was not sent within ten days after final 
12judgment of conviction <-or acquittal or other disposition, 
13adjudication of delinquency or a granting of a consent decree 
14shall not be valid for the purposes of this title:

15(1) A judgment of conviction, <-acquittal or other 
16disposition of charges <-adjudication of delinquency or a 
17granting of a consent decree under section 13 of the act of 
18April 14, 1972 (P.L.233, No.64), known as The Controlled 
19Substance, Drug, Device and Cosmetic Act.

20(2) A judgment of conviction, <-acquittal or other 
21disposition of charges <-adjudication of delinquency or a 
22granting of a consent decree under section 1532(c) (relating 
23to suspension of operating privilege) for a conviction of any 
24offense involving the possession, sale, delivery, offering 
25for sale, holding for sale or giving away of any controlled 
26substance under the laws of the United States, this 
27Commonwealth or any other state.

28Section 3. This act shall take effect immediately.