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HOUSE AMENDED
PRIOR PRINTER'S NOS. 590, 949, 960
PRINTER'S NO. 1037
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
553
Session of
2017
INTRODUCED BY RAFFERTY, MARCH 24, 2017
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 28, 2017
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in licensing of drivers, further providing for
surrender of license, for period of disqualification,
revocation or suspension of operating privilege, for driving
while operating privilege is suspended or revoked, for
chemical testing to determine amount of alcohol or controlled
substance and, for probationary license AND FOR IGNITION
INTERLOCK LIMITED LICENSE; AND, in driving after imbibing
alcohol or utilizing drugs, further providing for penalties,
for ignition interlock and for illegally operating a motor
vehicle not equipped with ignition interlock; and, in
penalties and dispositions of fines, further providing for
habitual offenders.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1540 and 1541(a) and (e) of Title 75 of
the Pennsylvania Consolidated Statutes are amended to read:
§ 1540. Surrender of license.
(a) [Conviction of offense.--Upon a conviction by a court of
competent jurisdiction for any offense which calls for mandatory
suspension in accordance with section 1532 (relating to
suspension of operating privilege), the court or the district
attorney shall require the surrender of any driver's license
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then held by the defendant and shall forward the driver's
license together with a record of the conviction to the
department. The suspension shall be effective upon a date
determined by the court or district attorney or upon the date of
surrender of the license to the court or district attorney,
whichever shall first occur.] CONVICTION OF OFFENSE.--UPON A
CONVICTION BY A COURT OF COMPETENT JURISDICTION FOR AN OFFENSE
WHICH CALLS FOR MANDATORY SUSPENSION OF AN INDIVIDUAL'S
OPERATING PRIVILEGE, THE COURT OR THE DISTRICT ATTORNEY SHALL
INFORM THE DEFENDANT THAT THE SUSPENSION SHALL BE EFFECTIVE
WITHIN 60 DAYS. THIS SECTION SHALL CREATE A REBUTTABLE
PRESUMPTION OF THE DEFENDANT'S KNOWLEDGE OF THE SUSPENSION FOR
THE PURPOSES OF SECTION 1543 (RELATING TO DRIVING WHILE
OPERATING PRIVILEGE IS SUSPENDED OR REVOKED).
(b) Suspension, revocation or disqualification of operating
privilege.--
(1) Upon the suspension or revocation of the operating
privilege or the disqualification of the commercial operating
privilege of any person by the department, the department
shall forthwith notify the person in writing at the address
of record to surrender his driver's license to the department
for the term of suspension, revocation or disqualification.
Licenses that are surrendered to the department may be
destroyed. Upon the restoration of the operating privilege,
the licensee may apply for a replacement license.
(2) The department shall include with the written notice
of suspension, revocation or disqualification a form for
acknowledging the suspension, revocation or disqualification,
which form shall be filed with the department if the person
has no license to surrender.
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(3) The suspension, revocation or disqualification shall
be effective upon [the earlier of:
(i)] a date determined by the department[; or
(ii) the date of filing or mailing of the license or
acknowledgment to the department, if that date is
subsequent to the department's notice to surrender the
license.
(4) Upon surrender of the license or acknowledgment, the
department shall issue a receipt showing the date that it
received the license or acknowledgment].
(c) Seizure of revoked, suspended, canceled or disqualified
licenses.--
[(1) The department may delegate authority to the
following persons to seize the driver's license of any person
whose driver's license has been ordered to be surrendered by
a court or district attorney or by the department:
(i) A designated Commonwealth employee.
(ii) Members of the Pennsylvania State Police.
(iii) Local police officers.
(iv) Sheriffs or deputy sheriffs.
(v) Constables or deputy constables.
(2) The department shall, by regulation, prescribe the
manner of selecting those persons who are delegated authority
under this subsection to seize the drivers' licenses.]
Any police officer or designated employee of the Commonwealth
shall be authorized to confiscate any license that has been
revoked, suspended, canceled or disqualified. The confiscated
license shall be returned to the department, unless it is
necessary to keep the license as evidence of an offense.
§ 1541. Period of disqualification, revocation or suspension of
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operating privilege.
(a) Commencement of period.--The period of disqualification,
revocation or suspension of the operating privilege or the
disqualification of the commercial operating privilege shall
commence as provided for in section 1540 (relating to surrender
of license)[. No credit toward the revocation, suspension or
disqualification shall be earned until the driver's license is
surrendered to the department, a court or a district attorney,
as the case may be. A nonresident licensed driver or an
unlicensed individual, including a driver whose license has
expired, shall submit an acknowledgment of suspension or
revocation to the department in lieu of a driver's license],
except for the suspension of the operating privilege of an
unlicensed individual under 16 years of age, in which case the
suspension shall commence automatically upon the individual's
16th birthday for the specified period [if an acknowledgment is
received any time prior to the individual's 16th birthday. If a
licensed driver is not in possession of his driver's license, no
credit toward the disqualification, revocation or suspension
shall be earned until a sworn affidavit or a form prescribed by
the department is surrendered to the department swearing that
the driver is not in possession of his driver's license. Such
credit shall be rescinded if it is later determined that the
driver was untruthful in the affidavit. Credit shall also be
revoked if a person surrenders a duplicate license and it is
later determined that the person was still in possession of an
earlier issued, unexpired license]. The department may, upon
request of the person whose license is suspended or
disqualified, delay the commencement of the period of suspension
or disqualification for a period not exceeding six months
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whenever the department determines that failure to grant the
extension will result in hardship to the person whose license
has been suspended or disqualified.
* * *
(e) [Request for hearing.--A person whose operating
privilege has been suspended or revoked may request at any time
during the suspension or revocation, and the department shall
provide, a hearing if the person believes that credit toward the
person's suspension or revocation has not been given by the
department under section 1540. The department shall issue its
final ruling within 60 days following the hearing or the
submission of any posthearing filings.] (Reserved).
Section 2. Sections 1543(a) and (c) and 1547(a), (b) and
(b.1) of Title 75 are amended and the sections are amended by
adding subsections to read:
SECTION 2. SECTION 1543(A) AND (C) OF TITLE 75 ARE AMENDED
TO READ:
§ 1543. Driving while operating privilege is suspended or
revoked.
(a) Offense defined.--Except as provided in subsection (b),
any person who drives a motor vehicle on any highway or
trafficway of this Commonwealth after the commencement of a
suspension, revocation or cancellation of the operating
privilege and before the operating privilege has been restored
is guilty of a summary offense and shall, upon conviction or
adjudication of delinquency, be sentenced to pay a fine of $200.
* * *
(c) Suspension or revocation of operating privilege.--Upon
receiving a certified record of the conviction or adjudication
of delinquency of any person under this section, the department
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shall suspend or revoke that person's operating privilege as
follows:
(1) If the department's records show that the person was
under suspension, recall or cancellation on the date of
violation, and had not been restored, the department shall
suspend the person's operating privilege for an additional
one-year period.
(2) If the department's records show that the person was
under revocation on the date of violation, and had not been
restored, the department shall revoke the person's operating
privilege for an additional two-year period.
* * *
(e) Prohibition.--A person charged with an offense under
this section may not claim a defense that the person did not
know of the suspension, cancellation or revocation.
SECTION 3. SECTION 1547(A), (B) AND (B.1) OF TITLE 75 ARE
AMENDED AND THE SECTION IS AMENDED BY ADDING SUBSECTIONS TO
READ:
§ 1547. Chemical testing to determine amount of alcohol or
controlled substance.
(a) General rule.--Any person who drives, operates or is in
actual physical control of the movement of a vehicle in this
Commonwealth shall be deemed to have given consent to one or
more chemical tests of breath or blood for the purpose of
determining the alcoholic content of blood or the presence of a
controlled substance if a police officer has reasonable grounds
to believe the person to have been driving, operating or in
actual physical control of the movement of a vehicle[:
(1)] in violation of section 1543(b)(1.1) (relating to
driving while operating privilege is suspended or revoked),
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3802 (relating to driving under influence of alcohol or
controlled substance) or 3808(a)(2) (relating to illegally
operating a motor vehicle not equipped with ignition
interlock)[; or
(2) which was involved in an accident in which the
operator or passenger of any vehicle involved or a pedestrian
required treatment at a medical facility or was killed].
(b) [Suspension] Civil penalties for refusal.--
(1) If any person placed under arrest for a violation of
section 3802 is requested to submit to chemical testing and
refuses to do so, the testing shall not be conducted but upon
notice by the police officer, the department shall suspend
the operating privilege of the person as follows:
(i) Except as set forth in subparagraph (ii), for a
period of 12 months.
(ii) For a period of 18 months if any of the
following apply:
(A) The person's operating privileges have
previously been suspended under this subsection.
(B) The person has, prior to the refusal under
this paragraph, been sentenced for:
(I) an offense under section 3802;
(II) an offense under former section 3731;
(III) an offense equivalent to an offense
under subclause (I) or (II); or
(IV) a combination of the offenses set forth
in this clause.
(2) It shall be the duty of the police officer to inform
the person that:
(i) the person's operating privilege will be
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suspended upon refusal to submit to chemical testing and
the person will be subject to a restoration fee of up to
$2,000; and
(ii) if the person refuses to submit to chemical
breath testing, upon conviction or plea for violating
section 3802(a)(1), the person will be subject to the
penalties provided in section 3804(c) (relating to
penalties).
(3) Any person whose operating privilege is suspended
under the provisions of this section shall have the same
right of appeal as provided for in cases of suspension for
other reasons.
(b.1) Other [suspension] civil penalties for refusal.--
(1) If any person placed under arrest for a violation of
section 1543(b)(1.1) or 3808(a)(2) is requested to submit to
chemical testing and refuses to do so, the testing shall not
be conducted; but, upon notice by the police officer and
provided no suspension is imposed pursuant to subsection (b),
the department shall suspend the operating privilege of the
person for a period of six months.
(2) It shall be the duty of the police officer to inform
the person that the person's operating privileges will be
suspended upon refusal to submit to chemical testing and the
person will be subject to a restoration fee of up to $2,000 .
(3) Notwithstanding section 3805(c) (relating to
ignition interlock), if any person receives a suspension
pursuant to this subsection who at the time of the offense
was required to comply with the provisions of section 3805
prior to obtaining a replacement license under section
1951(d) (relating to driver's license and learner's license)
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that does not contain an ignition interlock restriction, the
suspension imposed pursuant to this subsection shall result
in the recall of any ignition interlock restricted license
previously issued and the driver shall surrender the ignition
interlock restricted license to the department [or its agents
designated under the authority of section 1540 (relating to
surrender of licenses)] and, prior to the issuance of a
replacement license under section 1951(d) that does not
contain an ignition interlock restriction, the department
shall require that the person comply with the provisions of
section 3805.
(b.2) Restoration fees .--
(1) A person whose operating privilege has been
suspended in accordance with subsection (b) or (b.1) shall:
(i) Except as provided in subparagraph (ii) OR
(III) , pay a restoration fee of $500.
(II) IF THE DEPARTMENT HAS PREVIOUSLY SUSPENDED THE
PERSON'S OPERATING PRIVILEGE UNDER THIS SECTION ON ONE
OCCASION, PAY A RESTORATION FEE OF $1,000.
(ii) (III) If the department has previously
suspended the person's operating privilege under this
section on two or more occasions, pay a restoration fee
of $2,000.
(2) All restoration fees imposed under this section must
be paid prior to the reinstatement of an individual's
operating privilege. UNRESTRICTED OPERATING PRIVILEGE OR IN
ACCORDANCE WITH SECTION 1556(B)(3) (RELATING TO IGNITION
INTERLOCK LIMITED LICENSE).
(b.3) Limitation.--Nothing in this section shall be
construed as limiting the ability of law enforcement to obtain
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chemical testing pursuant to a valid search warrant, court order
or any other basis permissible by the Constitution of the United
States and the Constitution of Pennsylvania.
* * *
Section 3 4. Sections 1554(b)(2), 1556(B)(3) AND (F),
3804(c), 3805(a.1), (h.2)(1) (H.2) INTRODUCTORY PARAGRAPH AND
(1) and (i), 3808(c)(2) and 6503.1 (I) AND 3808(C)(2) of Title
75 are amended to read:
§ 1554. Probationary license.
* * *
(b) Petition.--
* * *
(2) Before being eligible to petition for a probationary
license, a person must have served [and earned credit toward
serving] the following terms of suspension or revocation for
offenses enumerated in sections 1532 (relating to revocation
or suspension of operating privilege), 1539 (relating to
suspension of operating privilege on accumulation of points)
and 1543 (relating to driving while operating privilege is
suspended or revoked):
(i) A person with one to seven offenses must have
[earned credit for] served at least a three-year term of
suspension or revocation.
(ii) A person with 8 to 14 offenses must have
[earned credit for] served at least a four-year term of
suspension or revocation.
(iii) A person with 15 to 21 offenses must have
[earned credit for] served at least a five-year term of
suspension or revocation.
(iv) A person with 22 or more offenses must have
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[earned credit for] served at least a six-year term of
suspension or revocation.
* * *
§ 1556. IGNITION INTERLOCK LIMITED LICENSE.
* * *
(B) PETITION.--
* * *
(3) THE APPLICANT SHALL SURRENDER THE APPLICANT'S
DRIVER'S LICENSE IN ACCORDANCE WITH SECTION 1540 (RELATING TO
SURRENDER OF LICENSE). IF THE APPLICANT'S DRIVER'S LICENSE
HAS BEEN LOST OR STOLEN, THE APPLICANT SHALL SUBMIT AN
APPLICATION FOR A REPLACEMENT LICENSE, ALONG WITH THE PROPER
FEE. IF THE APPLICANT IS A NONRESIDENT LICENSED DRIVER, THE
APPLICANT SHALL SUBMIT AN ACKNOWLEDGMENT OF SUSPENSION IN
LIEU OF A DRIVER'S LICENSE. IF THE APPLICANT'S LICENSE HAS
EXPIRED, THE APPLICANT SHALL SUBMIT AN APPLICATION FOR
RENEWAL, ALONG WITH THE APPROPRIATE FEE. [ALL FINES, COSTS
AND RESTORATION FEES MUST BE PAID AT THE TIME OF PETITION.]
ALL FINES AND COSTS MUST BE PAID AT THE TIME OF PETITION
UNLESS THE APPLICANT IS CURRENT ON A PAYMENT PLAN.
RESTORATION FEES REQUIRED UNDER SECTION 1960 (RELATING TO
REINSTATEMENT OF OPERATING PRIVILEGE OR VEHICLE REGISTRATION)
MUST BE PAID AT THE TIME OF PETITION. RESTORATION FEES
REQUIRED UNDER SECTION 1547(B.2) MUST BE PAID AS FOLLOWS:
(I) ONE-HALF OF THE AMOUNT MUST BE PAID AT THE TIME
OF PETITION.
(II) THE REMAINING AMOUNT MUST BE PAID AT THE TIME
OF APPLICATION FOR AN UNRESTRICTED DRIVER'S LICENSE.
* * *
(F) SUSPENSION ELIGIBILITY.--THE FOLLOWING SHALL APPLY:
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(1) AN INDIVIDUAL WHOSE LICENSE HAS BEEN SUSPENDED UNDER
SECTION 1547(B) SHALL BE ELIGIBLE TO APPLY FOR AND, IF
OTHERWISE QUALIFIED, BE ISSUED AN IGNITION INTERLOCK LIMITED
LICENSE UNDER THIS SECTION IF THE INDIVIDUAL:
(I) HAS SERVED SIX MONTHS OF THE SUSPENSION IMPOSED
UNDER SECTION 1547(B)(1)(I); OR
(II) HAS SERVED NINE MONTHS OF THE SUSPENSION
IMPOSED UNDER SECTION 1547(B)(1)(II).
(2) AN INDIVIDUAL WHOSE LICENSE HAS BEEN SUSPENDED UNDER
SECTION 3804(E) (RELATING TO PENALTIES) SHALL BE ELIGIBLE TO
APPLY FOR AND, IF OTHERWISE QUALIFIED, BE ISSUED AN IGNITION
INTERLOCK LIMITED LICENSE UNDER THIS SECTION IF THE
INDIVIDUAL:
(I) HAS NOT HAD A PRIOR OFFENSE, AS DEFINED UNDER
SECTION 3806 (RELATING TO PRIOR OFFENSES). THE INDIVIDUAL
SHALL BE IMMEDIATELY ELIGIBLE FOR A SUSPENSION IMPOSED
UNDER SECTION 3804(E)(2)(I);
(II) HAS SERVED SIX MONTHS OF THE SUSPENSION IMPOSED
UNDER SECTION 3804(E)(2)(I); OR
(III) HAS SERVED NINE MONTHS OF THE SUSPENSION
IMPOSED UNDER SECTION 3804(E)(2)(II).
(3) AN INDIVIDUAL WHOSE LICENSE HAS BEEN SUSPENDED UNDER
SECTION 3807(D) (RELATING TO ACCELERATED REHABILITATIVE
DISPOSITION) SHALL BE ELIGIBLE, BUT NOT REQUIRED, TO APPLY
FOR AND, IF OTHERWISE QUALIFIED, BE ISSUED AN IGNITION
INTERLOCK LIMITED LICENSE UNDER THIS SECTION FOR THE DURATION
OF THE SUSPENSION.
* * *
§ 3804. Penalties.
* * *
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(c) Incapacity; highest blood alcohol; controlled
substances.--An individual who violates section 3802(a)(1) and
refused testing of [blood or] breath under section 1547
(relating to chemical testing to determine amount of alcohol or
controlled substance) or testing of blood pursuant to a valid
search warrant or an individual who violates section 3802(c) or
(d) shall be sentenced as follows:
(1) For a first offense, to:
(i) undergo imprisonment of not less than 72
consecutive hours;
(ii) pay a fine of not less than $1,000 nor more
than $5,000;
(iii) attend an alcohol highway safety school
approved by the department; and
(iv) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(2) For a second offense, to:
(i) undergo imprisonment of not less than 90 days;
(ii) pay a fine of not less than $1,500;
(iii) attend an alcohol highway safety school
approved by the department; and
(iv) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
(3) For a third or subsequent offense, to:
(i) undergo imprisonment of not less than one year;
(ii) pay a fine of not less than $2,500; and
(iii) comply with all drug and alcohol treatment
requirements imposed under sections 3814 and 3815.
* * *
§ 3805. Ignition interlock.
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* * *
(a.1) Exception.--Subsection (a) shall not apply to an
individual who meets all of the following:
(1) Is subject to the penalties under section 3804(a)(1)
(relating to penalties)[.] or subject to mandatory suspension
of operating privilege under section 3807(d) (relating to
Accelerated Rehabilitative Disposition).
(2) Has not had a prior offense, as defined under
section 3806 (relating to prior offenses).
* * *
(h.2) Declaration of compliance.--Restrictions imposed under
section 1556 (relating to ignition interlock limited license)
shall remain in effect until the department receives a
declaration from the person's ignition interlock device vendor,
in a form provided or approved by the department, certifying
that the following incidents have not occurred in the two
consecutive months prior to the date entered on the
certificate[:], AND FOR THE PURPOSES OF A SUSPENSION IMPOSED
UNDER SECTION 3807(D)(2), THE PERSON'S IGNITION INTERLOCK DEVICE
VENDOR SHALL CERTIFY THE FOLLOWING INCIDENTS HAVE NOT OCCURRED
IN THE PRIOR 30 DAYS ENTERED ON THE CERTIFICATE:
(1) An attempt to start the vehicle with a breath
alcohol concentration of 0.08% or more, not followed within
[five] 10 minutes by a subsequent attempt with a breath
alcohol concentration lower than 0.08%.
* * *
(i) Offenses committed during a period for which an ignition
interlock restricted license has been issued.--Except as
provided in sections 1547(b.1) and 3808(c) (relating to
illegally operating a motor vehicle not equipped with ignition
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interlock), any driver who has been issued an ignition interlock
restricted license and as to whom the department receives a
certified record of a conviction of an offense for which the
penalty is a cancellation, disqualification, recall, suspension
or revocation of operating privileges shall have the ignition
interlock restricted license recalled, and the driver shall
surrender the ignition interlock restricted license to the
department [or its agents designated under the authority of
section 1540 (relating to surrender of license)]. Following the
completion of the cancellation, disqualification, recall,
suspension or revocation which resulted in the recall of the
ignition interlock restricted license, the department shall
require that the person complete the balance of the ignition
interlock restricted license period previously imposed prior to
the issuance of a replacement license under section 1951(d) that
does not contain an ignition interlock restriction.
§ 3808. Illegally operating a motor vehicle not equipped with
ignition interlock.
* * *
(c) Suspension of operating privilege.--Notwithstanding
section 3805(c) and (i):
* * *
(2) Upon receipt of a certified record of a second
conviction of a violation of this section committed by a
person who is required to only drive, operate or be in actual
physical control of the movement of a motor vehicle equipped
with an ignition interlock system which occurred during the
same ignition interlock restricted license period, the
department shall suspend the person's operating privileges
for a period of one year and recall the ignition interlock
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restricted license, and the person shall surrender the
ignition interlock restricted license to the department [or
its agents designated under the authority of section 1540
(relating to surrender of license)]. Following completion of
the suspension period, the department shall require that the
person comply with the requirements of section 3805 prior to
being eligible to receive a replacement license under section
1951(d) that does not contain an ignition interlock
restriction.
* * *
§ 6503.1. Habitual offenders.
A habitual offender under section 1542 (relating to
revocation of habitual offender's license) who drives a motor
vehicle on any highway or trafficway of this Commonwealth while
the habitual offender's operating privilege is suspended,
revoked or canceled commits a misdemeanor of the second degree.
A person charged under this section may not claim a defense that
the person did not know of the suspension, revocation or
cancellation.
Section 4 5. This act shall take effect as follows:
(1) The following provisions shall take effect
immediately:
(i) The amendment of 75 Pa.C.S. §§ 1547(b)(2)(ii),
1556(B)(3), 3804(c) and 3805(a.1) and (h.2)(1).
(ii) This section.
(2) The amendment or addition of 75 Pa.C.S. § 1547(a),
(b) heading, (1), (2)(i) and (3), (b.1), (b.2) and (b.3)
shall take effect in six months.
(3) The remainder of this act shall take effect in 15
months.
20170SB0553PN1037 - 16 -
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