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A09116
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
163
Session of
2017
INTRODUCED BY SACCONE, J. HARRIS, ROTHMAN, RAPP, DOWLING,
V. BROWN, KORTZ, ZIMMERMAN, GAINEY, HELM, ROZZI, DAVIS AND
BARBIN, JANUARY 23, 2017
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 11, 2018
AN ACT
Amending Titles 4 (Amusements), 18 (Crimes and Offenses), 23
(Domestic Relations) and 75 (Vehicles) of the Pennsylvania
Consolidated Statutes, further providing for suspension of
operating privileges of licensed drivers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1518(b)(4) of Title 4 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 1518. Prohibited acts; penalties.
* * *
(b) Criminal penalties and fines.--
* * *
(4) An individual that commits an offense in violation
of subsection (a)(16) commits a nongambling offense to be
graded in accordance with 18 Pa.C.S. § 6308, and [shall be
subject to the same penalties imposed pursuant to 18 Pa.C.S.
§ 6308 and 6310.4 (relating to restriction of operating
privileges) except that] the fine imposed for a violation of
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subsection (a)(16) shall be not less than $350 nor more than
$1,000.
* * *
Section 2. Sections 6305(b)(3), 6307(b), 6308(b) and
6310.3(b) of Title 18 are amended to read:
§ 6305. Sale of tobacco.
* * *
(b) Penalty.--
* * *
(3) A minor who violates subsection (a.1) shall be
sentenced to any or all of the following:
(i) not more than 75 hours of community service;
(ii) complete a tobacco use prevention and cessation
program approved by the Department of Health; or
(iii) a fine not to exceed $200[; or
(iv) a 30-day suspension of motor vehicle operating
privileges].
* * *
§ 6307. Misrepresentation of age to secure liquor or malt or
brewed beverages.
* * *
(b) Minimum penalty.--[In addition to any other penalty
imposed pursuant to section 6310.4 (relating to restriction of
operating privileges) or this title or other statute, a] A
person who is convicted of violating subsection (a) may be
sentenced to pay a fine of not more than $500 for subsequent
violations. No court shall have the authority to suspend any
sentence as defined in this section.
* * *
§ 6308. Purchase, consumption, possession or transportation of
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liquor or malt or brewed beverages.
* * *
(b) Penalty.--[In addition to the penalty imposed pursuant
to section 6310.4 (relating to restriction of operating
privileges), a] A person convicted of violating subsection (a)
may be sentenced to pay a fine of not more than $500 for the
first violation and not more than $1,000 for the second and each
subsequent violation.
* * *
§ 6310.3. Carrying a false identification card.
* * *
(b) Minimum penalty.--[In addition to any other penalty
imposed pursuant to section 6310.4 (relating to restriction of
operating privileges) or any other statute, a] A person who is
convicted of violating subsection (a) shall be sentenced to pay
a fine of not more than $500 for the second and subsequent
violations. No court shall have the authority to suspend any
sentence as defined in this section.
* * *
Section 3. Section 6310.4 of Title 18 is repealed:
[§ 6310.4. Restriction of operating privileges.
(a) General rule.--Whenever a person is convicted or is
adjudicated delinquent or is admitted to any preadjudication
program for a violation of section 6307 (relating to
misrepresentation of age to secure liquor or malt or brewed
beverages), 6308 (relating to purchase, consumption, possession
or transportation of liquor or malt or brewed beverages) or
6310.3 (relating to carrying a false identification card), the
court, including a court not of record if it is exercising
jurisdiction pursuant to 42 Pa.C.S. § 1515(a) (relating to
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jurisdiction and venue), shall order the operating privilege of
the person suspended. A copy of the order shall be transmitted
to the Department of Transportation.
(b) Duration of suspension.--When the department suspends
the operating privilege of a person under subsection (a), the
duration of the suspension shall be as follows:
(1) For a first offense, a period of 90 days from the
date of suspension.
(2) For a second offense, a period of one year from the
date of suspension.
(3) For a third offense, and any offense thereafter, a
period of two years from the date of suspension. Any multiple
sentences imposed shall be served consecutively.
Reinstatement of operating privilege shall be governed by 75
Pa.C.S. § 1545 (relating to restoration of operating privilege).
(c) Nondrivers.--Any person whose record is received by the
department under subsection (a) and who does not have a driver's
license shall be ineligible to apply for a learner's permit
under 75 Pa.C.S. §§ 1505 (relating to learners' permits) and
1507 (relating to application for driver's license or learner's
permit by minor) for the time periods specified in subsection
(b). If the person is under 16 years of age when he is convicted
or adjudicated delinquent or admitted to a preadjudication
program, his suspension of operating privileges shall commence
upon his 16th birthday for the time periods specified in
subsection (b).
(d) Insurance premiums.--An insurer shall not increase
premiums, impose any surcharge or rate penalty, or make any
driver record point assignment for automobile insurance, nor
shall an insurer cancel or refuse to renew an automobile
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insurance policy on account of a suspension under this section.]
Section 4. Section 4355(a), (d.1), (d.6) and (e) of Title 23
are amended to read:
§ 4355. Denial or suspension of licenses.
(a) General rule.--[Except as provided in subsection (d.1),
where] Where the domestic relations section or the department
has been unable to attach the income of an obligor and the
obligor owes support in an amount equal to or greater than three
months of the monthly support obligation or where an individual
has failed to comply with a visitation or partial custody order
pursuant to section 4346 (relating to contempt for noncompliance
with visitation or partial custody order) or an individual has
failed, after appropriate notice, to comply with subpoenas or
warrants relating to paternity or child support proceedings, the
court, the domestic relations section or the department shall
issue an order directing any licensing authority to:
(1) prohibit the issuance or renewal of a license of the
obligor or other individual; or
(2) require the suspension of the license of the obligor
or other individual.
* * *
[(d.1) Special procedures for operating privilege.--
(1) Where the domestic relations section or the
department has been unable to attach the income of an obligor
and the obligor owes support in an amount equal to or greater
than three months of the monthly support obligation or where
an individual has failed, after appropriate notice, to comply
with subpoenas or warrants relating to paternity or child
support proceedings, the court, the domestic relations
section or the department may issue an order directing the
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Department of Transportation to:
(i) prohibit the issuance or renewal of a license of
the obligor or other individual; or
(ii) require the suspension of the license of the
obligor or other individual.
(2) Prior to the issuance of an order to suspend,
nonrenew or deny a license, the obligor or other individual
shall be given advance notice. The notice shall specify:
(i) The amount of arrears owed, if applicable.
(ii) How, when and where the notice can be
contested.
(iii) That the grounds for contesting the notice
shall be limited to mistakes of fact. Mistakes of fact
shall be limited to errors in the amount of arrears owed
or mistaken identity of the obligor.
(iv) That an order to the Department of
Transportation to automatically suspend, nonrenew or deny
the license will occur in all cases 30 days after
issuance of the notice unless the arrearage is paid, a
periodic payment schedule is approved by the court or the
individual is excused from the failure to comply with the
warrant or subpoena.
(3) Any order issued to the Department of Transportation
pursuant to this section shall be issued as agreed upon by
the department and the Department of Transportation. The
order may be transmitted electronically or by other methods.
(4) Upon receipt of an order or directive from a court,
the domestic relations section or the department authorizing
the Department of Transportation to suspend the operating
privilege of an obligor or other individual, the Department
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of Transportation shall immediately suspend the operating
privilege of that obligor or other individual. Upon receipt
of an order from the court or the domestic relations section
or a directive from the department authorizing the Department
of Transportation to restore the operating privilege of an
obligor or other individual, the Department of Transportation
shall immediately restore the operating privilege of that
obligor or other individual if the person complies with the
provisions of 75 Pa.C.S. § 1960 (relating to reinstatement of
operating privilege or vehicle registration).
(5) An insurer may not increase premiums, impose a
surcharge or rate penalty, make a driver record point
assignment for automobile insurance or cancel or refuse to
renew an automobile insurance policy on account of a
suspension under this section.
(6) There shall be no right to appeal from a suspension
under this section pursuant to 75 Pa.C.S. § 1550 (relating to
judicial review). Subject to section 4377(c) (relating to
power to expedite support cases), the sole remedy shall be to
petition the court which entered the underlying support order
resulting in the suspension, revocation or refusal to issue
or renew the license.]
* * *
(d.6) Immunity.--The court, the domestic relations section,
the Department of [Public Welfare, the Department of
Transportation] Human Services, the Pennsylvania Game
Commission, the Pennsylvania Fish and Boat Commission or any
employee of any of these entities or any person appointed by the
Pennsylvania Game Commission or the Pennsylvania Fish and Boat
Commission to issue licenses and permits pursuant to the
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applicable provisions of 30 Pa.C.S. (relating to fish) and 34
Pa.C.S. (relating to game) shall not be subject to civil or
criminal liability for carrying out their duties under this
section.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"License." A license, certificate, permit or other
authorization to[:
(1)] engage in a profession, trade or business in this
Commonwealth or a political subdivision or agency thereof[;
or
(2) operate a motor vehicle for personal or commercial
purposes].
"Licensing authority." Any entity of the Commonwealth,
political subdivision or agency thereof which issues a license.
["Operating privilege." The privilege to apply for and
obtain a license to use as well as the privilege to use a
vehicle on a highway as authorized under Title 75 (relating to
vehicles).]
"Recreational license." A hunting or fishing license.
Section 5 4. Section 1532(c) of Title 75 is amended to read:
§ 1532. Suspension of operating privilege.
* * *
(c) Suspension.--The department shall suspend the operating
privilege of [any person upon receiving a certified record of
the person's 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, or] any person 21
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years of age or younger upon receiving a certified record of the
person's conviction or adjudication of delinquency under 18
Pa.C.S. § 2706 (relating to terroristic threats) committed on
any school property, including any public school grounds, during
any school-sponsored activity or on any conveyance providing
transportation to a school entity or school-sponsored
activity[.] in accordance with the following:
(1) The period of suspension shall be as follows:
(i) For a first offense, a period of six months from
the date of the suspension.
(ii) For a second offense, a period of one year from
the date of the suspension.
(iii) For a third and any subsequent offense
thereafter, a period of two years from the date of the
suspension.
(2) For the purposes of this subsection, the term
"conviction" shall include any conviction or adjudication of
delinquency for any of the offenses listed in paragraph (1),
whether in this Commonwealth or any other Federal or state
court.
* * *
Section 6 5. This act shall take effect in 60 180 days.
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