PRINTER'S NO. 1367
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1049
Session of
2022
INTRODUCED BY STEFANO, COSTA, BARTOLOTTA, KEARNEY, COLLETT,
SCHWANK, TARTAGLIONE, YUDICHAK, KANE, COMITTA AND
CAPPELLETTI, FEBRUARY 3, 2022
REFERRED TO TRANSPORTATION, FEBRUARY 3, 2022
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in licensing of drivers, further providing for
drivers required to be licensed, for suspension of operating
privilege, for suspension of operating privilege for failure
to respond to citation and for driving while operating
privilege is suspended or revoked, establishing the Relief
from Administrative Suspension Program and providing for
Relief from Administrative Suspension Program participation
requirements; in fees, further providing for reinstatement of
operating privilege or vehicle registration; and, in
penalties and disposition of fines, further providing for
inability to pay fine and costs.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1501(d) of Title 75 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding a subsection to read:
§ 1501. Drivers required to be licensed.
* * *
(d) Penalty.--[Any] Except as provided under subsection (e),
any person violating subsection (a) is guilty of a summary
offense and shall, upon conviction, be sentenced to pay a fine
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of $200, except that, if the person charged furnishes
satisfactory proof of having held a driver's license valid on
the last day of the preceding driver's license period and no
more than one year has elapsed from the last date for renewal,
the fine shall be $25. No person charged with violating
subsection (a) or (b) shall be convicted if the person produces
at the office of the issuing authority within 15 days of the
violation:
(1) a driver's license valid in this Commonwealth at the
time of the violation; or
(2) if the driver's license is lost, stolen, destroyed
or illegible, evidence that the driver was licensed at the
time of the violation.
(e) Alternative penalty.--A person who violates this section
may, upon conviction, be sentenced to pay the fine imposed under
section 1543(b.1) (relating to d riving while operating privilege
is suspended or revoked ).
Section 2. Sections 1532(b)(2) and 1533(a), (c) and (d) of
Title 75 are amended to read:
§ 1532. Suspension of operating privilege.
* * *
(b) Suspension.--
* * *
(2) The department shall suspend the operating privilege
of any driver for six months upon receiving a certified
record of the driver's conviction of a subsequent offense
under section 1501(a) (relating to drivers required to be
licensed) if the prior offense occurred within five years of
the violation date of the subsequent offense[.], unless, in
accordance with 42 Pa.C.S. § 1520 (relating to adjudication
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alternative program), the driver enters a program of
community service as approved by the issuing authority or
court in lieu of the suspension under this paragraph. The
department shall impose the suspension of the operating
privilege of the driver if the driver fails to complete a
program of community service as ordered by the issuing
authority or court and, if applicable, order the driver to
pay the fee specified under section 1960 (relating to
r einstatement of operating privilege or vehicle
registration ).
* * *
§ 1533. Suspension of operating privilege for failure to
respond to citation.
(a) Violations within Commonwealth.--The department shall
suspend the operating privilege of any person who [has failed to
respond to a citation or summons to appear before an issuing
authority or a court of competent jurisdiction of this
Commonwealth for any violation of this title, other than
parking, or who has failed to pay any fine, costs or restitution
imposed by an issuing authority or such courts for violation of
this title, other than parking, upon being duly notified by an
issuing authority or a court of this Commonwealth.], upon being
duly notified by an issuing authority or a court of competent
jurisdiction of this Commonwealth, has failed to take any of the
following actions:
(1) Respond to a citation or summons to appear before
the issuing authority or court for a violation of this title,
other than parking.
(2) Pay any fine, costs or restitution imposed by the
issuing authority or court for a violation of this title,
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other than parking.
(3) Successfully complete a program of community service
as specified under subsection (d)(1)(iii).
* * *
(c) Time for responding to notice.--At least 15 days before
an issuing authority or court notifies the department to impose
a suspension pursuant to subsection (a), the issuing authority
or court shall notify the person in writing of the requirement
to respond to the citation and pay all fines, restitution and
penalties imposed by the issuing authority or court. The notice
shall include information regarding all of the following:
(1) The ability to pay all fines, restitution and
penalties by installment payments.
(2) The ability to enter and complete a community
service requirement in lieu of payment of all fines,
restitution and penalties.
(d) Period of suspension.--The suspension shall continue
until such person shall [respond to the citation, summons or
writ, as the case may be, and pay all fines, restitution and
penalties imposed or enter into an agreement to make installment
payments for the fines, restitution and penalties imposed
provided that the suspension may be reimposed by the department
if the defendant fails to make regular installment payments and,
if applicable, pay the fee prescribed in section 1960 (relating
to reinstatement of operating privilege or vehicle
registration).] take all of the following actions:
(1) Respond to the citation, summons or writing and
comply with any of the following requirements:
(i) Pay all fines, restitution and penalties imposed
by the issuing authority or court.
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(ii) Enter into an agreement to make installment
payments for all fines, restitution and penalties imposed
by the issuing authority or court. The department may
reimpose the suspension if the defendant fails to make
regular installment payments.
(iii) In accordance with 42 Pa.C.S. § 1520 (relating
to adjudication alternative program), enter into a
program of community service approved by the issuing
authority or court in lieu of complying with the
requirements under subparagraph (i) or (ii). The
department may reimpose the suspension if the defendant
fails to complete a program of community service as
ordered by the issuing authority or court.
(2) If applicable, pay the fee specified under section
1960 (relating to r einstatement of operating privilege or
vehicle registration ).
* * *
Section 3. Section 1543(a) and (b) of Title 75 are amended
and the section is amended by adding a subsection to read:
§ 1543. Driving while operating privilege is suspended or
revoked.
(a) Offense defined.--Except as provided in subsection (b)
or (b.1), any person who drives a motor vehicle on any highway
or trafficway of this Commonwealth after the commencement of a
suspension, revocation or cancellation of the operating
privilege and before the operating privilege has been restored
is guilty of a summary offense and shall, upon conviction or
adjudication of delinquency, be sentenced to pay a fine of $200.
(b) Certain offenses.--
(1) The following shall apply:
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(i) A person who drives a motor vehicle on a highway
or trafficway of this Commonwealth at a time when the
person's operating privilege is suspended or revoked as a
condition of acceptance of Accelerated Rehabilitative
Disposition for a violation of section 3802 (relating to
driving under influence of alcohol or controlled
substance) or the former section 3731, because of a
violation of section 1547(b)(1) (relating to suspension
for refusal) or 3802 or former section 3731 or is
suspended under section 1581 (relating to Driver's
License Compact) for an offense substantially similar to
a violation of section 3802 or former section 3731 shall,
upon a first conviction, be guilty of a summary offense
and shall be sentenced to pay a fine of $500 and to
undergo imprisonment for a period of not less than 60
days nor more than 90 days.
(ii) A second violation of this paragraph shall
constitute a summary offense and, upon conviction of this
paragraph, a person shall be sentenced to pay a fine of
$1,000 and to undergo imprisonment for not less than 90
days.
(iii) A third or subsequent violation of this
paragraph shall constitute a misdemeanor of the third
degree and, upon conviction of this paragraph, a person
shall be sentenced to pay a fine of $2,500 and to undergo
imprisonment for not less than six months.
(1.1) (i) A person who has an amount of alcohol by
weight in his blood that is equal to or greater than .02%
at the time of testing or who at the time of testing has
in his blood any amount of a Schedule I or nonprescribed
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Schedule II or III controlled substance, as defined in
the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act, or
its metabolite or who refuses testing of blood or breath
and who drives a motor vehicle on any highway or
trafficway of this Commonwealth at a time when the
person's operating privilege is suspended or revoked as a
condition of acceptance of Accelerated Rehabilitative
Disposition for a violation of section 3802 or former
section 3731 or because of a violation of section 1547(b)
(1) or 3802 or former section 3731 or is suspended under
section 1581 for an offense substantially similar to a
violation of section 3802 or former section 3731 shall,
upon a first conviction, be guilty of a summary offense
and shall be sentenced to pay a fine of $1,000 and to
undergo imprisonment for a period of not less than 90
days.
(ii) A second violation of this paragraph shall
constitute a misdemeanor of the third degree, and upon
conviction thereof the person shall be sentenced to pay a
fine of $2,500 and to undergo imprisonment for not less
than six months.
(iii) A third or subsequent violation of this
paragraph shall constitute a misdemeanor of the first
degree, and upon conviction thereof the person shall be
sentenced to pay a fine of $5,000 and to undergo
imprisonment for not less than two years.
(1.2) Except as provided under subsection (a) or
paragraph (1) or (1.1), a person who drives a motor vehicle
on any highway or trafficway of this Commonwealth at a time
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when the person's operating privilege is suspended or revoked
due to a violation 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, be sentenced to a pay a
fine of $50. The court or issuing authority may not order or
assign an additional period of suspension or points for the
violation.
(2) This subsection shall apply to any person against
whom one of these suspensions has been imposed whether the
person is currently serving this suspension or whether the
effective date of suspension has been deferred under any of
the provisions of section 1544 (relating to additional period
of revocation or suspension). This provision shall also apply
until the person has had the operating privilege restored.
This subsection shall also apply to any revocation imposed
pursuant to section 1542 (relating to revocation of habitual
offender's license) if any of the enumerated offenses was for
a violation of section 3802 or former section 3731 or for an
out-of-State offense that is substantially similar to a
violation of section 3802 or former section 3731, for which a
revocation is imposed under section 1581.
(b.1) Other offenses.--A person who drives a motor vehicle
on any highway or trafficway of this Commonwealth after the
commencement of a 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
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delinquency, be required to do any of the following:
(1) P ay a fine of $200 or enter into an agreement to
make installment payments for the fine imposed by the issuing
authority or court.
(2) 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 paragraph
(1).
* * *
Section 4. Title 75 is amended by adding sections to read:
§ 1557. Relief from Administrative Suspension Program.
(a) Establishment.--The Relief from Administrative
Suspension Program is established within the department and
shall commence on the effective date of this section .
(b) Purposes of program.--The program shall permit the
department to restore the operating privileges of individuals
from operating privilege suspensions imposed under any of the
following:
(1) Section 1532(b) (relating to suspension of operating
privilege).
(2) Section 1533(a), (b) or (d) (relating to suspension
of operating privilege for failure to respond to citation).
(3) Section 1543 (relating to driving while operating
privilege is suspended or revoked).
(4) Section 1544(a) or (c) (relating to additional
period of revocation or suspension).
(c) Duties.--The department shall have all of the following
duties:
(1) Notify each individual under a suspension of
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operating privilege who may be eligible for relief under the
program based on the criteria specified under subsection (d).
(2) Review the applications filed for relief under the
program and make a determination as to the applicant's
eligibility for relief within 30 days of receipt of the
application and all other required items.
(3) Determine if an applicant has satisfied all court-
ordered obligations which resulted in a suspension of the
applicant's operating privilege under section 1533(a), (b) or
(d).
(4) Determine if an applicant's conviction of a
violation under section 1543 occurred only as the result of a
suspension imposed under section 1532(b)(2), 1533 or 6146
(relating to enforcement agreements) and if the applicant is
currently serving or will serve a suspension of operating
privilege for a conviction under section 1543.
(5) Determine whether the granting of relief under the
program would result in immediate restoration of the
applicant's operating privilege.
(6) Prioritize the processing of applications for which
the granting of relief will result in an immediate
restoration of the applicant's operating privilege.
(7) Update the driver's records and restore the
operating privilege of an individual as authorized under this
section.
(d) Eligibility.--The program shall be available to an
individual who meets all of the following criteria:
(1) The individual's operating privilege has been
indefinitely suspended under section 1533(a), (b) or (d)
before the effective date of this section.
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(2) The department's records show that the individual's
operating privilege will be or is suspended for a conviction
under section 1543(a) or (c) only as a result of a suspension
imposed under section 1532(b)(2), 1533 or 6146 before the
effective date of this section.
(3) The individual has served the operating privilege
suspension required for the underlying offense which resulted
in a violation of section 1533(a), (b) or (d).
(4) The individual has submitted a completed application
for relief to the department on a form specified by the
department. The individual must submit all of the following
items with the application:
(i) A restoration fee.
(ii) Proof of financial responsibility.
(iii) If the individual does not own a motor vehicle
currently registered in this Commonwealth, a signed
statement certifying that the individual does not own a
motor vehicle currently registered in this Commonwealth.
(e) Reinstatement.--The department shall amend the driver's
record of an eligible individual to show the individual
satisfied the court- ordered obligations which resulted in the
suspension of the individual's operating privilege under section
1533. The department shall amend the driver's records of an
eligible individual to show that suspension imposed for a
violation under section 1543(a) will end or will not be imposed.
The department shall rescind an additional suspension imposed
under section 1544(a) for a violation that occurred at the same
time as a violation of section 1543(a) from the driver's record
of an eligible individual. The department shall not be required
to reinstate the operating privilege of an eligible individual
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under this section if the department is authorized under this
title to suspend the operating privilege of the individual for
other violations of this title. Upon restoration from suspension
under the program, the driver's record of an eligible individual
shall show five points.
(f) Compliance.--The department may not be required to
restore the operating privilege of an eligible individual under
this section until the individual has complied with section 1558
(relating to R elief from Administrative Suspension Program
participation requirements).
(g) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Eligible individual." An individual who meets the criteria
specified under subsection (d) for relief under the program.
"Program." The Relief from Administrative Suspension Program
established under subsection (a).
§ 1558. Relief from Administrative Suspension Program
participation requirements.
(a) Form.--An eligible individual who seeks to participate
in the Relief from Administrative Suspension Program shall
respond to the court or issuing authority in conformance with
the instructions in a restoration requirements letter. The
department shall provide a restoration requirements letter to
the eligible individual.
(b) Requirements.--In addition to the requirements under
section 1960 (relating to r einstatement of operating privilege
or vehicle registration) , an eligible individual applying for
relief under the program as required under section 1557(d)
(relating to Relief from Administrative Suspension Program),
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shall have the following duties:
(1) Except as provided under paragraph (2), the
individual shall pay all court-ordered obligations
immediately or in a single remittance.
(2) If the individual is unable to pay all court-ordered
obligations, the individual shall:
(i) pay in installments all court-ordered
obligations after a hearing conducted by the court or
issuing authority to determine the individual's ability
to pay and the issuance of an order providing for
installment payments; or
(ii) notwithstanding 42 Pa.C.S. § 1520(a) (relating
to adjudication alternative program), complete a court-
ordered public service or other adjudication alternative
program under 42 Pa.C.S. § 1520(b).
(c) Proof of financial responsibility.--Notwithstanding
section 1783 (relating to proof of financial responsibility
before restoring operating privilege or registration), before
restoring an operating privilege, the department shall require
an eligible individual to provide the department with any of the
following:
(1) Proof of financial responsibility.
(2) If the individual does not own a motor vehicle
currently registered in this Commonwealth, a signed statement
certifying that the individual does not own a motor vehicle
currently registered in this Commonwealth.
(d) Certification.-- For the purpose of determining whether
an eligible individual may receive relief under the program, the
court or issuing authority shall certify any of the following to
the department :
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(1) The individual has satisfied the amounts owed to the
court or issuing authority.
(2) The individual entered into an agreement to pay in
installments all court-ordered obligations.
(3) The individual has completed or satisfied all court-
ordered public service requirements or other alternative
adjudication programs.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Eligible individual." An individual who meets the criteria
specified under section 1557(d) for relief under the program.
"Program." The Relief from Administrative Suspension Program
established under section 1557(a).
Section 5. Sections 1960 and 6504(a) of Title 75 are amended
to read:
§ 1960. Reinstatement of operating privilege or vehicle
registration.
The department shall charge a fee of $70 or, if section 1379
(relating to suspension of registration upon sixth unpaid
parking violation in cities of the first class), 1380 (relating
to suspension of registration upon unpaid tolls) or 1786(d)
(relating to required financial responsibility) applies, a fee
of $88 to restore a person's operating privilege or the
registration of a vehicle following a suspension or revocation.
The department shall waive a fee imposed under this section for
a person who enters into an agreement for installment payments
or a program of community service under section 1533(d)(1)(ii)
or (iii) (relating to suspension of operating privilege for
failure to respond to citation).
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§ 6504. Inability to pay fine and costs.
(a) Order for installment payments.--Upon plea and proof
that a person is unable to pay any fine and costs imposed under
this title, a court may, in accordance with 42 Pa.C.S. § 9758
(relating to fine), order [payment] any of the following:
(1) Payment of the fine and costs in installments and
shall fix the amounts, times and manner of payment.
(2) The person to enter into a program of community
service under section 1533(d)(1)(iii) (relating to suspension
of operating privilege for failure to respond to citation)
not to exceed 50 hours.
* * *
Section 6. The following shall apply to any person who is
currently under operating privilege suspension under 75 Pa.C.S.
§§ 1533 and 1544, regardless of the date of the underlying
offense:
(1) The amendment of 75 Pa.C.S. §§ 1533(a), (c) and (d),
1960 and 6504(a).
(2) The addition of 75 Pa.C.S. §§ 1557 and 1558.
Section 7. This act shall take effect in one year.
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