PRINTER'S NO. 2404

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1777

Session of

2017

INTRODUCED BY WHEATLEY, DEAN, BULLOCK, ROZZI, SIMS, CALTAGIRONE,

NEILSON, KIM, GAINEY, KINSEY AND W. KELLER,

SEPTEMBER 12, 2017

hereby enacts as follows:

Section 1. Chapter 15 of Title 75 of the Pennsylvania

Consolidated Statutes is amended by adding a subchapter to read:

Sec.

1591. Definitions.

1592. Amnesty program.

1593. Program requirements.

1594. Duties of department.

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Amnesty period." The time period that begins on the

effective date of this section and ends 12 months after the

effective date of this section.

"Amnesty program." The amnesty program established in

section 1592 (relating to amnesty program).

"Court." The court in which the original fine was imposed on

the individual who committed an eligible violation of this

title.

by vehicle while driving under the influence).

(iv) Section 3742 (relating to accidents involving

death or personal injury).

(v) Section 3742.1 (relating to accidents involving

death or personal injury while not properly licensed).

(vi) Chapter 38 (relating to driving after imbibing

alcohol or utilizing drugs) or former section 3731

(relating to driving under influence of alcohol or

controlled substance) if the violation was a second or

subsequent offense under Chapter 38 or former section

(3) A violation of this title for which the department

has imposed a disqualification under section 1611 (relating

to disqualification).

§ 1592. Amnesty program.

(a) Establishment.--There is established an amnesty program

which shall be administered by the court in cooperation with the

department.

(b) Purposes.--The amnesty program shall:

(1) Provide individuals who have had their operating

privileges suspended based on certain violations of this

(c) Amnesty period.--The amnesty period established for the

amnesty program shall be available to an individual who meets

all the following criteria:

(1) The individual was convicted of a violation of this

title, other than an ineligible violation, by the court prior

to the effective date of this subsection.

(2) The individual is delinquent in fines imposed by the

court based on the conviction.

(3) The operating privilege of the individual is

currently suspended by the department due to a violation of

for an ineligible violation.

(2) An individual shall be prohibited from filing an

amnesty request for convictions for violations committed

after the effective date of this subsection.

(3) Any payment regarding a fine, fee or penalty that

was made prior to the effective date of this subsection shall

be ineligible for a refund under this subchapter.

§ 1593. Program requirements.

(a) Form.--An individual who seeks to participate in the

amnesty program shall file with the court an amnesty request in

the following:

(i) If the individual files an amnesty request

within three months of the effective date of this

subsection, 100% of the original fine, including any

surcharges imposed under the applicable laws of this

Commonwealth, excluding any late fines, fees and

penalties.

(ii) If the individual files an amnesty request

three months after the effective date of this subsection,

100% of the original fine, including any surcharges

three months after the effective date of this subsection,

100% of the original fine, including any surcharges

imposed under the applicable laws of this Commonwealth

and no more than 25% of any late fines, fees and

penalties owed if the individual verifies under oath or

equivalent affirmation, subject to paragraph (2), that

the individual receives any of the following:

(A) Assistance provided under the medical

assistance program, the Children's Health Insurance

Program, the Homeless Assistance Program or the Low-

Assistance Program.

(E) Cash assistance or another benefit under a

program that is wholly or partially funded with funds

of the Commonwealth.

(2) The provisions of 18 Pa.C.S. § 4902 (relating to

perjury), 4903 (relating to false swearing) or 4904 (relating

to unsworn falsification to authorities) shall apply to the

individual providing the information or making the statement

under paragraph (1)(ii).

(c) Fee.--

shall pay the amount required to restore the operating

privilege of the individual.

(2) The court may collect a fee that does not exceed 5%

of the amount accepted under subsection (c)(1) from an

individual who has been granted amnesty under the amnesty

program. This fee shall be collected along with the fines,

fees and penalties collected under subsection (c)(1).

(d) Proof of financial responsibility.--Notwithstanding

section 1783 (relating to proof of financial responsibility

before restoring operating privilege or registration), before

signed statement certifying that the individual does not own

a motor vehicle currently registered in this Commonwealth.

(e) Eligibility.--An individual shall not be eligible to

participate in the amnesty program under this subchapter on more

than one occasion, nor shall an individual who participated in

the amnesty program be eligible to participate in a comparable

amnesty program that is subsequently established.

(f) Participation.--The amnesty program shall give first

priority for participation in the amnesty program to the

following:

section, has paid any delinquent fines, fees and penalties as

provided in this subchapter for a violation of this title

that is not an ineligible violation.

(g) Payments.--

(1) A payment under the amnesty program may be made by

credit card, debit card, electronic funds transfer, certified

check or money order.

(2) Payment under the amnesty program may be made:

(i) by one payment to satisfy the total amounts

owed; or

(4) If an individual is delinquent in paying a scheduled

amount owed under the payment plan established through the

amnesty program, notice shall be sent to the individual

advising the individual that if the individual does not

resume timely payments within 30 days of the notice, the

operating privilege of the individual shall be suspended.

(5) The court shall certify to the department that an

individual has satisfied the amounts owed under the amnesty

program and is eligible to have the individual's operating

privilege reinstated.

and a list of ineligible violations.

(b) List.--No later than 90 days after the effective date of

this section, each court shall provide the department with a

list of all individuals who are delinquent in paying fines

imposed by the court for violations of this title. The

department shall identify all individuals on the list who have

had their operating privileges suspended by the department and

shall notify those individuals in writing of the existence of

the amnesty program. Written notice shall be sent to the last

known address of the individual. The sole purpose of the letter

to schedule of convictions and points) based on the conviction

for which amnesty was granted. If the removal of points reduces

the number of points on the individual's driving record to a

number below the amount for which suspension is required under

section 1539 (relating to suspension of operating privilege on

accumulation of points), the department shall immediately

reinstate the operating privilege upon the individual's

compliance with section 1593 (relating to program requirements).

(d) Reinstatement.--The department shall not be required to

reinstate the operating privilege of an individual granted

not granted.

(e) Compliance.--The department shall not be required to

reinstate the operating privilege of an individual granted

amnesty under this subchapter until the individual has complied

with section 1593.

(f) Procedure.--The department shall establish a procedure

to reinstate the operating privilege of an individual

immediately upon a grant of amnesty by the court and the

individual's compliance with this subchapter.

§ 1595. Regulations.

report shall contain the following information:

(1) The number of amnesty requests filed with the court

and the number granted.

(2) A numeric summary of the violations for which

amnesty was granted.

(3) The total dollar amount of revenue collected through

the program and remitted to the Commonwealth.

(4) A detailed breakdown of the administrative costs to

the department and court in implementing the program.

§ 1597. Use of revenue.