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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 1670, 1803, 2464         PRINTER'S NO. 2522

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1412 Session of 1997


        INTRODUCED BY CIVERA, FICHTER, BARRAR, KIRKLAND, GEIST, JAMES,
           SERAFINI, TRICH, DALEY, TRELLO, DeLUCA, CORPORA, HARHART,
           YOUNGBLOOD, COY, THOMAS, PRESTON, BENNINGHOFF, J. TAYLOR,
           C. WILLIAMS, ROONEY, L. I. COHEN, MICOZZIE, FLICK, ADOLPH,
           M. COHEN AND STEELMAN, APRIL 30, 1997

        SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
           OCTOBER 28, 1997

                                     AN ACT

     1  Amending Title 23 (Domestic Relations) of the Pennsylvania
     2     Consolidated Statutes, providing for sanctions on driver's     <--
     3     licenses and vehicle registrations against support
     4     delinquents; and further providing for responsibilities of
     5     law enforcement agencies and court-ordered relief.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Title 23 of the Pennsylvania Consolidated          <--
     9  Statutes is amended by adding a section to read:
    10  § 4356.  Denial or suspension of a driver's license or motor
    11             vehicle registration.
    12     (a)  General rule.--Where the domestic relations section has
    13  been unable to attach the income of an obligor pursuant to
    14  section 4348 (relating to attachment of income) and the obligor
    15  owes support in an amount equal to or greater than three months
    16  of the monthly support obligation, the court shall issue an
    17  order directing the Department of Transportation to:

     1         (1)  prohibit the issuance or renewal of all classes of
     2     motor vehicle operator's licenses and registrations of the
     3     obligor; or
     4         (2)  require the suspension of all classes of motor
     5     vehicle operator's licenses and registrations of the obligor.
     6     (b)  Notice to obligor.--
     7         (1)  Prior to the issuance of an order to suspend,
     8     nonrenew or deny motor vehicle operator's licenses and
     9     registrations, the court shall send written notice to the
    10     obligor. The notice shall specify:
    11             (i)  The amount of arrears owed.
    12             (ii)  How, when and where the notice may be
    13         contested.
    14             (iii)  That the grounds for contesting the notice
    15         shall be limited to mistakes of fact. Mistakes of fact
    16         shall be limited to errors in the amount of arrears owed
    17         or mistaken identity of the obligor.
    18             (iv)  That an order to the department to
    19         automatically suspend, nonrenew or deny the license will
    20         occur in all cases 30 days after issuance of the notice
    21         unless the arrearage is paid or a periodic payment
    22         schedule is approved by the court.
    23     (c)  Order.--
    24         (1)  Thirty days after the issuance of the notice, if the
    25     obligor has not paid the arrearage or entered into a court-
    26     approved periodic payment schedule, the court shall issue an
    27     order to the department to suspend or deny the issuance or
    28     renewal of all motor vehicle operator's licenses and
    29     registrations. Upon receipt, the department shall immediately
    30     comply with that order.
    19970H1412B2522                  - 2 -

     1         (2)  An order providing for a periodic payment schedule
     2     shall also provide that failure to comply with the schedule
     3     shall result in the immediate suspension, nonrenewal or
     4     denial of the obligor's motor vehicle licenses and
     5     registrations. This order may include a requirement that the
     6     obligor's motor vehicle operator's license be suspended and
     7     the obligor receive only an occupational limited license from
     8     the department if the obligor qualifies for one until the
     9     arrearage is satisfied or until the court issues an order
    10     removing the suspension of driving privileges. Only those
    11     obligors who have a periodic payment schedule approved by the
    12     court may qualify for an occupational limited license. The
    13     obligor must meet and follow requirements set forth in 75
    14     Pa.C.S. § 1553 (relating to occupational limited license) in
    15     applying and using an occupational limited license.
    16         (3)  To contest the order, the obligor must appear before
    17     the domestic relations section not later than ten days after
    18     issuance of the order. The grounds for contesting shall be
    19     limited to mistakes of fact. If as determined by the domestic
    20     relations section a mistake of fact has occurred, the action
    21     shall be modified accordingly within ten days.
    22         (4)  Upon receiving an order, the department shall send a
    23     notice to the obligor of the order of the court for
    24     suspension, nonrenewal or denial of motor vehicle operator's
    25     licenses and registrations. The notice shall clearly state
    26     the reasons and statutory grounds for the suspension,
    27     nonrenewal or denial and the mailing address for the court
    28     that issued the order. It may include any other notices
    29     prescribed by the department or the court. The department
    30     shall develop the form and content of this notice. The notice
    19970H1412B2522                  - 3 -

     1     shall include requirements for the obligor to return all
     2     suspended driver's licenses, vehicle registrations and
     3     registration plates to the department.
     4         (5)  Within 30 days of receiving a notice that a
     5     registration has been suspended, the obligor shall return the
     6     vehicle's license plates to the department unless the
     7     arrearage is paid or a periodic payment schedule is approved
     8     by the court.
     9     (d)  Reinstatement or issuance of license and registration.--
    10  Where the court has issued an order pursuant to subsection (c)
    11  and the obligor has satisfied the arrearage, the court shall
    12  order the department to reinstate or issue the licenses or
    13  registrations immediately, provided that the obligor meets any
    14  and all other requirements for issuance or reinstatement. The
    15  department shall have ten days to return all driver's licenses,
    16  vehicle registrations and registration plates to the obligor.
    17     (e)  Definitions.--As used in this section, the following
    18  words and phrases shall have the meanings given to them in this
    19  subsection:
    20     "Department."  The Department of Transportation of the
    21  Commonwealth.
    22     "Motor vehicle operator's license."  A license or permit to
    23  drive a motor vehicle issued under 75 Pa.C.S. (relating to
    24  vehicles).
    25     "Occupational limited license."  A license issued under 75
    26  Pa.C.S. § 1553 (relating to occupational limited license).
    27     "Registration."  The authority for a vehicle to operate on a
    28  highway as evidence by the issuance of an identifying card and
    29  registration plate.
    30     "Suspend."  To withdraw temporarily by formal action of the
    19970H1412B2522                  - 4 -

     1  department any license, registration or privilege issued or
     2  granted by the department.
     3     Section 2.  Sections 6105(e) and 6108(a)(7) of Title 23 are
     4     SECTION 1.  SECTIONS 6105(E) AND 6108(A)(7) OF TITLE 23 OF     <--
     5  THE PENNSYLVANIA CONSOLIDATED STATUTES are amended to read:
     6  § 6105.  Responsibilities of law enforcement agencies.
     7     * * *
     8     (e)  Statewide registry.--
     9         (1)  The Pennsylvania State Police shall establish a
    10     Statewide registry of protection orders and shall maintain a
    11     complete and systematic record and index of all valid
    12     temporary and final court orders of protection or court-
    13     approved consent agreements. The Statewide registry shall
    14     include, but need not be limited to, the following:
    15             (i)  The names of the plaintiff and any protected
    16         parties.
    17             (ii)  The name and address of the defendant.
    18             (iii)  The date the order was entered.
    19             (iv)  The date the order expires.
    20             (v)  The relief granted under sections 6108(a)(1),
    21         (2), (4), (6) and (7) (relating to relief) and 6110(a)
    22         (relating to emergency relief by minor judiciary).
    23             (vi)  The judicial district in which the order was
    24         entered.
    25             (vii)  Where furnished, the Social Security number
    26         and date of birth of the defendant.
    27         (2)  The prothonotary shall send, on a form prescribed by
    28     the Pennsylvania State Police, a copy of the protection order
    29     or approved consent agreement to the Statewide registry of
    30     protection orders so that it is received within 24 hours of
    19970H1412B2522                  - 5 -

     1     the entry of the order. Likewise, amendments to or revocation
     2     of an order shall be transmitted by the prothonotary within
     3     24 hours of the entry of the order for modification or
     4     revocation. The Pennsylvania State Police shall enter orders,
     5     amendments and revocations in the Statewide registry of
     6     protection orders within eight hours of receipt.
     7         (3)  The registry of the Pennsylvania State Police shall
     8     be available at all times to inform courts, dispatchers and
     9     law enforcement officers of any valid protection order
    10     involving any defendant.
    11         (4)  When an order granting relief under section
    12     6108(a)(7) has been entered by a court, such information
    13     shall be available to the Pennsylvania State Police for the
    14     purpose of conducting a criminal history records check in
    15     compliance with the applicable provisions of 18 Pa.C.S. Ch.
    16     61 Subch. A (relating to Uniform Firearms Act).
    17     * * *
    18  § 6108.  Relief.
    19     (a)  General rule.--The court may grant any protection order
    20  or approve any consent agreement to bring about a cessation of
    21  abuse of the plaintiff or minor children. The order or agreement
    22  may include:
    23         * * *
    24         (7)  Ordering the defendant to temporarily relinquish to
    25     the sheriff the defendant's weapons which have been used or
    26     been threatened to be used in an incident of abuse against
    27     the plaintiff or the minor children and prohibiting the
    28     defendant from acquiring or possessing any other weapons for
    29     the duration of the order and requiring the defendant to
    30     relinquish to the sheriff any firearm license the defendant
    19970H1412B2522                  - 6 -

     1     may possess. The court's order shall provide for the return
     2     of the weapons and any firearm license to the defendant
     3     subject to any restrictions and conditions as the court shall
     4     deem appropriate to protect the plaintiff or minor children
     5     from further abuse through the use of weapons.
     6         * * *
     7     Section 3 2.  This act shall take effect in 60 days.           <--
















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