PRINTER'S NO. 3671

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2637 Session of 1988


        INTRODUCED BY ARGALL, STABACK, MAYERNIK, BUNT, WOGAN, JOHNSON,
           BOWSER, GRUPPO, SCHULER, MERRY, ANGSTADT, DIETTERICK,
           LEVDANSKY, PUNT, CIVERA, NOYE, McHALE, DeLUCA, J. L. WRIGHT,
           McVERRY, LASHINGER, RAYMOND, FOX, BATTISTO, B. SMITH, MELIO,
           BELARDI, ACOSTA, E. Z. TAYLOR AND MRKONIC, AUGUST 8, 1988

        REFERRED TO COMMITTEE ON TRANSPORTATION, AUGUST 8, 1988

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further regulating driving while operating
     3     privilege is suspended.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 1543(a) and (b) of Title 75 of the
     7  Pennsylvania Consolidated Statutes are amended and the section
     8  is amended by adding a subsection to read:
     9  § 1543.  Driving while operating privilege is suspended or
    10             revoked.
    11     (a)  Offense defined.--Except as provided in [subsection (b)]
    12  subsections (b) and (e), any person who drives a motor vehicle
    13  on any highway or trafficway of this Commonwealth after the
    14  commencement of a suspension, revocation or cancellation of the
    15  operating privilege and before the operating privilege has been
    16  restored is guilty of a summary offense and shall, upon
    17  conviction, be sentenced to pay a fine of $200.

     1     (b)  Certain offenses.--[Any] Except as provided in
     2  subsection (e), any person who drives a motor vehicle on any
     3  highway or trafficway of this Commonwealth at a time when their
     4  operating privilege is suspended or revoked as a condition of
     5  acceptance of Accelerated Rehabilitative Disposition for a
     6  violation of section 3731 (relating to driving under influence
     7  of alcohol or controlled substance) or because of a violation of
     8  section 1547(b)(1) (relating to suspension for refusal) or 3731
     9  shall, upon conviction, be guilty of a summary offense and shall
    10  be sentenced to pay a fine of $1,000 and to undergo imprisonment
    11  for a period of not less than 90 days.
    12     * * *
    13     (e)  Habitual offender.--Any person whose driving record, as
    14  maintained in the department, shows that such person has been
    15  convicted twice within any five-year period of an offense under
    16  this section, upon any subsequent violation within that period,
    17  commits a misdemeanor of the third degree and shall, upon
    18  conviction, be sentenced to pay a fine of not more than $2,500
    19  or to imprisonment for not more than one year, or both.
    20     Section 2.  Section 6503 of Title 75 is amended to read:
    21  § 6503.  Subsequent convictions of certain offenses.
    22     Every person convicted of a second or subsequent violation of
    23  any of the following provisions shall be sentenced to pay a fine
    24  of not less than $200 nor more than $1,000 or to imprisonment
    25  for not more than six months, or both:
    26         Section 1501(a) (relating to drivers required to be
    27     licensed).
    28         Section 1543(a) and (b) (relating to driving while
    29     operating privilege is suspended or revoked).
    30         Section 3367 (relating to racing on highways).
    19880H2637B3671                  - 2 -

     1         Section 3733 (relating to fleeing or attempting to elude
     2     police officer).
     3         Section 3734 (relating to driving without lights to avoid
     4     identification or arrest).
     5         Section 3748 (relating to false reports).
     6     Section 3.  This act shall take effect in 60 days.
















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