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PRINTER'S NO. 2889
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1870
Session of
2015
INTRODUCED BY WHEATLEY, V. BROWN, KINSEY, KORTZ, J. HARRIS,
SCHWEYER, O'BRIEN, LONGIETTI, COHEN, GAINEY AND GERGELY,
FEBRUARY 24, 2016
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 24, 2016
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in licensing of drivers, further providing for
occupational limited license.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1553(d)(10) and (d.1) of Title 75 of the
Pennsylvania Consolidated Statutes are amended to read:
ยง 1553. Occupational limited license.
* * *
(d) Unauthorized issuance.--The department shall prohibit
issuance of an occupational limited license to:
* * *
(10) (i) Except as provided under subparagraph (ii) or
subsection (d.1) or (d.2), any person whose operating
privilege has been suspended pursuant to [either former
section 13(m) of the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device
and Cosmetic Act, or] section 1532(c) (relating to
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suspension of operating privilege) unless the suspension
imposed has been fully served.
(ii) Subparagraph (i) shall not apply to a person
whose:
(A) operating privilege has been suspended
pursuant to [either:
(I) former section 13(m) of The Controlled
Substance, Drug, Device and Cosmetic Act; or
(II)] section 1532(c) for a conviction of
any offense involving the possession, sale,
delivery, offering for sale, holding for sale or
giving away of any controlled substance under the
laws of the United States, this Commonwealth or
any other state; and
(B) record of conviction, adjudication of
delinquency or a granting of a consent decree was not
sent to the department within the time period
required under section 6323(1) (relating to reports
by courts).
* * *
(d.1) Adjudication eligibility.--[An individual who has been
convicted of an offense under section 3802 (relating to driving
under influence of alcohol or controlled substance) and does not
have a prior offense as defined in section 3806(a) (relating to
prior offenses)] The following individuals shall be eligible for
an occupational limited license only if the individual has
served 60 days of the suspension imposed for the offense[.]:
(1) An individual who has been convicted of an offense
under section 3802 (relating to driving under influence of
alcohol or controlled substance) and does not have a prior
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offense as defined in section 3806(a) (relating to prior
offenses).
(2) An individual whose operating privilege has been
suspended under section 1532(c) for a conviction of an
offense involving the possession, sale, delivery, offering
for sale, holding for sale or giving away of any controlled
substance under the laws of the United States, this
Commonwealth or any other state and does not have a prior
offense. For purposes of this paragraph, any conviction under
any Federal or state law relating to any controlled substance
or other drug shall constitute a prior offense if it related
to the type of conduct against which a subsequent offense is
directed.
* * *
Section 2. This act shall take effect in 60 days.
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