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                                                       PRINTER'S NO. 256

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 223 Session of 2007


        INTRODUCED BY DePASQUALE, BLACKWELL, MAHONEY, PRESTON, PYLE AND
           STURLA, FEBRUARY 5, 2007

        REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 5, 2007

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further authorizing operating privilege suspension
     3     for certain offenses of prostitution.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 1532 of Title 75 of the Pennsylvania
     7  Consolidated Statutes is amended by adding a subsection to read:
     8  § 1532.  Suspension of operating privilege.
     9     * * *
    10     (e)  Suspension and prostitution.--The department shall
    11  suspend the operating privilege of any person upon receiving a
    12  certified record of the driver's conviction under 18 Pa.C.S. §
    13  5902(e) (relating to prostitution and related offenses) or
    14  conviction under any municipal corporation ordinance relating to
    15  prostitution offenses. The duration of the suspension shall be
    16  as follows:
    17         (1)  For a first offense, the department shall impose a
    18     suspension for a period of 60 days.

     1         (2)  For a second offense, the department shall impose a
     2     suspension for a period of 180 days.
     3         (3)  For a third offense, the department shall impose a
     4     suspension for a period of one year.
     5         (4)  For a fourth and subsequent offense, the department
     6     shall impose a suspension for a period of two years. Any
     7     multiple suspensions imposed shall be served consecutively.
     8         (5)  The court shall provide the department with a
     9     certified record of the conviction of any person under 18
    10     Pa.C.S. § 5902(e) or conviction under any municipal
    11     corporation ordinance relating to prostitution offenses.
    12         (6)  Any person whose license is suspended under this
    13     subsection may qualify for an occupational limited license.
    14     The person must meet and follow requirements set forth in
    15     section 1553 (relating to occupational limited license) in
    16     applying and using an occupational limited license. Those
    17     convicted of a fourth and subsequent offense shall not
    18     qualify for an occupational limited license.
    19         (7)  A person whose operating privilege is suspended
    20     under this subsection may elect to reduce the period of
    21     suspension imposed by the court by performing court-
    22     authorized community service. The period of suspension
    23     ordered by the court shall be reduced at the rate of one day
    24     for each hour of community service performed, for a maximum
    25     reduction in suspension of 30 days for those convicted of a
    26     first offense and 90 days for those convicted of a second
    27     offense. Those convicted of third or subsequent offenses will
    28     not qualify for the community service allowance. The court
    29     must approve any community service plan and have final
    30     oversight on whether the person adequately performed the
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     1     community service. The court shall notify the department that
     2     the person performed the community service and shall order
     3     reduction in suspension.
     4         (8)  Reinstatement of operating privileges shall be
     5     governed by section 1545 (relating to restoration of
     6     operating privilege).
     7         (9)  The suspension of operating privileges pursuant to
     8     this section shall be in addition to a penalty imposed upon
     9     conviction of 18 Pa.C.S. § 5902(e) or upon conviction of any
    10     municipal ordinance relating to prostitution offenses.
    11     Section 2.  Section 1542(b) of Title 75 is amended by adding
    12  a paragraph to read:
    13  § 1542.  Revocation of habitual offender's license.
    14     * * *
    15     (b)  Offenses enumerated.--Three convictions arising from
    16  separate acts of any one or more of the following offenses
    17  committed by any person shall result in such person being
    18  designated as a habitual offender:
    19         * * *
    20         (5)  Any violation of section 1532(e) (relating to
    21     suspension of operating privilege).
    22     * * *
    23     Section 3.  Section 1575(b) of Title 75 is amended to read:
    24  § 1575.  Permitting violation of title.
    25     * * *
    26     (b)  Penalty.--Any person violating the provisions of
    27  subsection (a) is guilty of a summary offense and is subject to
    28  the same fine as the driver of the vehicle. If the driver is
    29  convicted under section 1532(e) (relating to suspension of
    30  operating privilege), 3735 (relating to homicide by vehicle
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     1  while driving under influence) or 3802 (relating to driving
     2  under influence of alcohol or controlled substance), the person
     3  violating subsection (a) shall also be subject to suspension or
     4  revocation, as applicable, under sections 1532 [(relating to
     5  revocation or suspension of operating privilege)], 1542
     6  (relating to revocation of habitual offender's license) and
     7  3804(e) (relating to penalties).
     8     * * *
     9     Section 4.  This act shall take effect immediately.














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