S1049B1367A04667 AJB:AAS 06/13/22 #90 A04667
AMENDMENTS TO SENATE BILL NO. 1049
Sponsor: SENATOR STEFANO
Printer's No. 1367
Amend Bill, page 1, line 1, by striking out "Title" and
inserting
Titles 42 (Judiciary and Judicial Procedure) and
Amend Bill, page 1, line 2, by inserting after "Statutes,"
in magisterial district judges, further providing for
adjudication alternative program;
Amend Bill, page 1, lines 6 through 9, by striking out
"establishing the Relief" in line 6, all of lines 7 and 8 and
"requirements;" in line 9 and inserting
providing for driving while operating privilege is suspended
for certain other offenses, for relief from administrative
suspension and for relief from administrative suspension
participation requirements;
Amend Bill, page 1, lines 15 through 17, by striking out all
of said lines and inserting
Section 1. Section 1520 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
§ 1520. Adjudication alternative program.
* * *
(e.1) Alternative to Title 75 sanctions.---Notwithstanding
the provisions of subsection (a), a person whose operating
privilege has been suspended under 75 Pa.C.S. § 1533(a)
(relating to suspension of operating privilege for failure to
respond to citation), who has been convicted of violating 75
Pa.C.S. § 1543.1(a) (relating to driving while operating
privilege is suspended for certain other offenses) or who is
eligible for relief under 75 Pa.C.S. § 1557 (relating to relief
from administrative suspension) may be placed by the
magisterial district judge in an appropriate program under
subsection (b) in accordance with 75 Pa.C.S. §§ 1533(d)(1)(iii),
1543.1(a)(2)(ii) or 1558(b)(2)(ii) (relating to relief from
administrative suspension participation requirements). The
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placement of a person under this subsection in an appropriate
program under subsection (b) as authorized by the magisterial
district judge shall be done in accordance with subsection (c),
except the magisterial district judge may not alter the
conviction for a violation of 75 Pa.C.S. § 1543.1(a) or relieve
the person of the obligation to pay a fine associated with the
conviction upon successful completion of the program under
subsection (b).
Section 2. Section 1501(d) of Title 75 is amended and the
section is amended by adding a subsection to read:
Amend Bill, page 2, lines 16 and 17, by striking out
"1543(b.1) (relating to d riving while operating privilege " in
line 16 and all of line 17 and inserting
1543.1(a) (relating to driving while operating privilege is
suspended for certain other offenses) and, if applicable,
successfully complete a program of community service as
specified under section 1543.1(a)(2)(ii).
Amend Bill, page 2, line 18, by striking out "2" where it
occurs the first time and inserting
3
Amend Bill, page 2, line 18, by striking out "and" where it
occurs the first time and inserting a comma
Amend Bill, page 2, line 18, by inserting after "(d)"
and 1543(c)
Amend Bill, page 3, line 7, by striking out "order" and
inserting
require
Amend Bill, page 5, lines 18 and 19, by striking out all of
said lines
Amend Bill, page 5, lines 22 through 30; pages 6 through 8,
lines 1 through 30; page 9, lines 1 through 9; by striking out
all of said lines on said pages
Amend Bill, page 9, by inserting between lines 10 and 11
(c) Suspension or revocation of operating privilege.--[Upon]
Except as provided under section 1543.1 (relating to driving
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while operating privilege is suspended for certain other
offenses ), upon receiving a certified record of the conviction
or adjudication of delinquency of any person under this section,
the department 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.
* * *
Amend Bill, page 9, by inserting between lines 11 and 12
§ 1543.1. Driving while operating privilege is suspended for
certain other offenses.
(a) Certain other offenses.--
(1) A person who drives a motor vehicle on any highway
or trafficway of this Commonwealth at a time when the
person's operating privilege is suspended under section
1532(b)(2) (relating to suspension of operating privilege) or
1533 (relating to suspension of operating privilege for
failure to respond to citation) and the underlying offense
for the suspension is a violation of section 1501(a)
(relating to drivers required to be licensed) shall, upon
conviction or adjudication of delinquency, be sentenced to a
pay a fine of $50.
(2) A person who drives a motor vehicle on any highway
or trafficway of this Commonwealth after the commencement of
a second or subsequent suspension of the person's operating
privilege under section 1532(b)(2) and no other violation and
before the operating privilege has been restored is guilty of
a summary offense and shall, upon conviction or adjudication
of delinquency, be required to do any of the following:
(i) Pay a fine of $200 or enter into an agreement to
make installment payments for the fine imposed by the
issuing authority or court.
(ii) In accordance with 42 Pa.C.S. § 1520 (relating
to adjudication alternative program), enter into a
program of community service as approved by the issuing
authority or court in lieu of satisfying the requirements
under subparagraph (i). Upon receiving a report of a
failure to complete the program, the department shall
suspend the operating privilege of the person in
accordance with section 1543(c)(1) (relating to driving
while operating privilege is suspended or revoked).
(b) Citation of appropriate provisions.--Prior to filing a
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citation for a violation of this section with the issuing
authority named in the citation, the police officer shall verify
the basis for the suspension with the department. Upon receiving
the verification, the police officer shall cite the appropriate
paragraph under subsection (a) on the citation.
Amend Bill, page 9, line 12, by striking out "Administrative
Suspension Program" and inserting
administrative suspension
Amend Bill, page 9, lines 13 through 17, by striking out all
of lines 13 through 16 and "department to" in line 17 and
inserting
(a) Restoration.--The department may
Amend Bill, page 9, line 28, by striking out "(c)" and
inserting
(b)
Amend Bill, page 10, line 26, by striking out "(d)" and
inserting
(c)
Amend Bill, page 11, line 19, by striking out "(e)" and
inserting
(d)
Amend Bill, page 12, line 6, by striking out "(f)" and
inserting
(e)
Amend Bill, page 12, lines 9 and 10, by striking out all of
line 9 and "participation requirements)" in line 10 and
inserting
(relating to r elief from administrative suspension
participation requirements)
Amend Bill, page 12, line 11, by striking out "(g)" and
inserting
(f)
Amend Bill, page 12, line 15, by striking out "under the
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program"
Amend Bill, page 12, lines 16 and 17, by striking out all of
said lines
Amend Bill, page 12, line 18, by striking out "Administrative
Suspension Program" and inserting
administrative suspension
Amend Bill, page 12, line 30, by striking out "(relating to
Relief from Administrative Suspension Program)" and inserting
(relating to relief from administrative suspension)
Amend Bill, page 14, line 12, by striking out "under the
program"
Amend Bill, page 14, lines 13 and 14, by striking out all of
said lines
Amend Bill, page 15, by inserting between lines 16 and 17
(1) The amendment of 42 Pa.C.S. § 1520.
Amend Bill, page 15, line 17, by striking out "(1)" and
inserting
(2)
Amend Bill, page 15, line 17, by inserting after "§§"
1501(d), 1532(b)(2),
Amend Bill, page 15, line 17, by inserting after "(d)"
, 1543(c)
Amend Bill, page 15, line 19, by striking out "(2)" and
inserting
(3)
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