H0928B1081A09937 MSP:EJH 10/03/18 #90 A09937
AMENDMENTS TO HOUSE BILL NO. 928
Sponsor: REPRESENTATIVE JOZWIAK
Printer's No. 1081
Amend Bill, page 1, lines 20 through 23; page 2, lines 1
through 8; by striking out all of said lines on said pages and
inserting
Section 13. Prohibited Acts; Penalties.--* * *
(g) [Any] The following shall apply:
(1) Except as provided under clause (2), a person who
violates clause (31) of subsection (a):
(i) For a first or second offense, is guilty of a summary
offense and upon conviction thereof shall only pay a fine not
exceeding three hundred dollars ($300).
(ii) For a third or subsequent offense, is guilty of a
misdemeanor of the third degree and upon conviction thereof
shall only pay a fine not exceeding one thousand dollars
($1,000).
(2) A person who violates clause (31) of subsection (a) as
follows is guilty of a misdemeanor and upon conviction thereof
shall be sentenced to imprisonment not exceeding thirty days, or
to pay a fine not exceeding five hundred dollars ($500), or
both[.]:
(i) who is under eighteen (18) years of age;
(ii) while in a motor vehicle; or
(iii) while in a building of, on the grounds of, or in a
conveyance providing transportation to or from an elementary or
secondary publicly funded educational institution, an elementary
or secondary private school licensed by the Department of
Education or any elementary or secondary parochial school.
(3) The judicial authority with jurisdiction over the
violation by a person under eighteen (18) years of age shall
give first consideration to referring the person to a
diversionary program under 42 Pa.C.S. ยง 1520 (relating to
adjudication alternative program) and the Pennsylvania Rules of
Criminal Procedure. As part of the diversionary program, the
judicial authority with jurisdiction over the violation may
order the person to participate in an educational program. If
the person successfully completes the diversionary program, the
person's records of the charge of violating clause (2) shall be
expunged as provided for under Pa.R.C.P. No.320 (relating to
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expungement upon successful completion of ARD program).
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See A09937 in
the context
of HB928