PRINTER'S NO. 1000
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
987
Session of
2021
INTRODUCED BY HENNESSEY AND CARROLL, MARCH 19, 2021
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 19, 2021
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in licensing of drivers, further providing for
suspension of operating privilege.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1532(d) of Title 75 is amended and
subsection (b) is amended by adding a paragraph to read:
§ 1532. Suspension of operating privilege.
* * *
(b) Suspension.--
* * *
(6) Beginning as soon as practicable, but no later than
10 months after the effective date of this paragraph, the
department shall update driver records as follows:
(i) If a driver record shows on the effective date
of this paragraph an active sanction imposed by the
department for a conviction of any offense under a
Federal, State or other state's controlled substance
laws, except for an offense under section 1532(a), the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
driver record will be changed to indicate the active
departmental sanction has ended. The following shall
apply:
(A) If the ending of the active departmental
sanction means a driver's operating privilege is
eligible for restoration, no points will be placed on
the driver record as required by section 1545
(relating to restoration of operating privilege) and
no restoration fee shall be imposed as required by
section 1960 (relating to reinstatement of operating
privilege or vehicle registration).
(B) If a driver record shows a pending
departmental sanction after the active sanction
imposed by the department for a conviction of any
offense under a Federal, State or other state's
controlled substance laws, except for an offense
under section 1532(a), the effective dates of the
pending departmental sanction will be adjusted as if
the active sanction ended under this subsection had
been rescinded from the record.
(ii) If a driver record shows on the effective date
of this paragraph a pending sanction imposed by the
department for a conviction of any offense under a
Federal, State or other state's controlled substance
laws, except for an offense under section 1532(a), the
driver record will be changed to indicate that the
pending sanction will not be imposed. The effective dates
for a departmental sanction to be imposed after a
conviction of any offense under a Federal, State or other
state's controlled substance laws will be adjusted as if
20210HB0987PN1000 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the controlled substance-related departmental sanction
had been rescinded from the record.
(iii) If a driver record shows on the effective date
of this paragraph an active suspension imposed under
former subsection (d), the driver record will be changed
to indicate the suspension has ended. The following shall
apply:
(A) If the ending of the suspension means the
driver's operating privilege is eligible for
restoration, no restoration fee shall be imposed as
required by section 1960.
(B) If the driver record shows any pending
departmental sanction after the suspension imposed
under former subsection (d), the effective dates of
any such pending departmental sanction will be
adjusted as if the suspension ended under this
section had been rescinded from the record.
(iv) If the driver record shows on the effective
date of this paragraph a pending suspension imposed under
former subsection (d), the driver record will be changed
to indicate the suspension will not be imposed. The
effective dates for any departmental sanctions to be
imposed after the pending suspension under former
subsection (d) will be adjusted as if the pending
suspension had been rescinded from the record.
* * *
[(d) Additional suspension.--The department shall suspend
the operating privilege of any person upon receiving a certified
record of the driver's conviction, adjudication of delinquency
or admission into a preadjudication program for a violation
20210HB0987PN1000 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
under 18 Pa.C.S. § 6307 (relating to misrepresentation of age to
secure liquor or malt or brewed beverages), 6308 (relating to
purchase, consumption, possession or transportation of liquor or
malt or brewed beverages) or 6310.3 (relating to carrying a
false identification card). The duration of the suspension shall
be as follows:
(1) For a first offense, the department shall impose a
suspension for a period of 90 days.
(2) For a second offense, the department shall impose a
suspension for a period of one year.
(3) For a third and subsequent offense, the department
shall impose a suspension for a period of two years. Any
multiple suspensions imposed shall be served consecutively.
Courts may certify the conviction, adjudication of
delinquency or admission into the preadjudication program on the
same form used to submit the order of suspension required under
the provisions of 18 Pa.C.S. § 6310.4 (relating to restriction
of operating privileges). Wherever practicable, the suspension
imposed under this section shall be made concurrent with the
suspension imposed under the provisions of 18 Pa.C.S. § 6310.4.
All offenses committed on or after May 23, 1988, shall be
included in considering whether an offense is a first, second,
third or subsequent offense.]
Section 2. This act shall take effect in 60 days.
20210HB0987PN1000 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24