S0251B1316A07222 BIL:EJH 05/23/18 #90 A07222
AMENDMENTS TO SENATE BILL NO. 251
Sponsor: REPRESENTATIVE ROTHMAN
Printer's No. 1316
Amend Bill, page 1, lines 1 through 3, by striking out all of
said lines and inserting
Amending Titles 44 (Law and Justice) and 75 (Vehicles) of the
Pennsylvania Consolidated Statutes, codifying prohibition on
political subdivisions and Commonwealth agencies imposing
quotas on the issuance of citations for certain offenses and
prohibiting the practice of station averaging; in licensing
of drivers, further providing for schedule of convictions and
points; in rules of the road in general, providing for radar
enforcement systems pilot program; and making a related
repeal.
Amend Bill, page 1, lines 6 through 17; pages 2 through 4,
lines 1 through 30; page 5, lines 1 through 10; by striking out
all of said lines on said pages and inserting
Section 1. Title 44 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART V
LAW ENFORCEMENT
Chapter
85. Issuance of Citations
CHAPTER 85
ISSUANCE OF CITATIONS
Sec.
8501. Definitions.
8502. Quotas prohibited.
8503. Station averaging prohibited.
8504. Violation.
§ 8501. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Citation." A traffic citation, ticket or any other type of
citation.
"Enforcement officer." A municipal police officer,
Pennsylvania State Police officer, Game Commission officer, Fish
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Commission officer or any other officer employed by a political
subdivision, regional police department or agency of the
Commonwealth.
"Points of contact." Any quantifiable contact made in the
furtherance of the enforcement officer's duties, including, but
not limited to, the number of traffic stops completed, arrests,
written warnings and crime prevention measures. The term shall
not include either the issuance of citations or the number of
citations issued by an enforcement officer.
§ 8502. Quotas prohibited.
(a) General rule.--No political subdivision, regional police
department or agency of the Commonwealth shall have the power or
authority to order, mandate, require or in any other manner,
directly or indirectly, suggest to any enforcement officer that
the enforcement officer shall issue a certain number of
citations on a daily, weekly, monthly, quarterly or yearly
basis.
(b) Award not affected.--The prohibition under subsection
(a) shall not affect the conditions of any Federal or State
grants or funds awarded to a political subdivision, regional
police department or agency of the Commonwealth and used to fund
traffic enforcement programs.
§ 8503. Station averaging prohibited.
(a) General rule.--A political subdivision, regional police
department or agency of the Commonwealth may not for purposes of
evaluating an enforcement officer's job performance compare the
number of citations issued by the enforcement officer to the
number of citations issued by any other enforcement officer who
has similar job duties.
(b) Construction.--Nothing in this section shall prohibit
the evaluation of the job performance of an enforcement officer
based on the enforcement officer's points of contact.
§ 8504. Violation.
Any citation issued in violation of this chapter shall be
unenforceable, null and void.
Section 2. Section 1535(d) and (e) of Title 75 are amended
to read:
§ 1535. Schedule of convictions and points.
* * *
(d) [Exception] Exceptions.--
(1) This section does not apply to a person who was
operating a pedalcycle or an animal drawn vehicle.
(2) If a speeding offense under section 3362 (relating
to maximum speed limits) is charged as a result of use of a
device authorized by section 3369 (relating to radar
enforcement systems pilot program), no points shall be
assigned under subsection (a).
(e) Suspension of operating privilege.--In addition to other
provisions of this title relating to the suspension or
revocation of operating privileges, the department shall suspend
for 15 days the operating privileges of any person who for a
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violation in an active work zone is convicted under:
(1) section 3361 where the department has received an
accident report submitted pursuant to section 3751 (relating
to reports by police); or
(2) section 3362 [(relating to maximum speed limits)] by
exceeding the posted speed limit by 11 miles per hour or
more.
A conviction report received by the department which indicates
that the violation of section 3361 or 3362 occurred in an active
work zone shall create a presumption that the violation occurred
in an active work zone.
Section 3. Title 75 is amended by adding a section to read:
§ 3369. Radar enforcement systems pilot program.
(a) General rule.--Notwithstanding section 3368(c)(2)
(relating to speed timing devices), full-time police officers
are authorized to enforce section 3362 (relating to maximum
speed limits) on municipal roads in their respective
jurisdictions using electronic devices such as radio-microwave
devices, commonly referred to as electronic speed meters or
radar, in accordance with this section. Enforcement of speed
restrictions under this section may be enforced by full-time
police officers on a State-owned limited access or divided
highway only if the highway is patrolled by the local police
department under the terms of an agreement with the Pennsylvania
State Police.
(b) Requirements for police officers.--Full-time police
officers using electronic devices must:
(1) complete a training course approved by the
Pennsylvania State Police and the Municipal Police Officers'
Education and Training Commission and a recertification
course every three years thereafter;
(2) be employed by a full-service police department
accredited by the Pennsylvania Law Enforcement Accreditation
Commission; and
(3) operate the devices from a clearly marked vehicle in
a location that is readily visible to the motoring public.
(c) Conviction.--No person may be convicted upon evidence
obtained through the use of electronic devices unless:
(1) The speed recorded is over 10 miles per hour in
excess of the legally posted speed limit.
(2) Official warning signs indicating the use of
electronic devices by a full-time police officer and worded
"local police radar enforced" are erected within 500 feet of
the border of the political subdivision on the main arteries
entering that political subdivision.
(d) Certification of speed limit.--The speed limit for any
roadway chosen for speed enforcement under this section shall be
certified after passage of the ordinance required under
subsection (g) and in advance of enforcement through an
engineering and traffic study as authorized under section 6105
(relating to department to prescribe traffic and engineering
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investigations) unless an engineering and traffic study has been
conducted within the last two years, and shall be available for
public inspection.
(e) Penalty.--A penalty imposed under section 3362 as a
result of use of an electronic device shall not be deemed a
criminal conviction and shall not be made part of the operating
record under section 1535 (relating to schedule of convictions
and points) of the individual upon whom the penalty is imposed,
nor may the imposition of the penalty be subject to merit rating
for insurance purposes.
(f) Classification, approval and testing of electronic
devices.--Electronic devices used under this section shall be
subject to the provisions of section 3368(d) and must be tested
for accuracy within a period of one year prior to the alleged
violation in accordance with specifications prescribed by
National Highway Safety Administration standards. All electronic
devices used under this section must appear on the conforming
products list, in conjunction with National Highway Safety
Administration standards.
(g) Local ordinance required to enforce.--Prior to employing
electronic devices in speed limit enforcement, the governing
body of the municipality must adopt an ordinance authorizing the
use of electronic devices by full-time police officers on
roadways under subsection (a) within the boundaries of the
municipality where speed limits have been posted according to
the results of the required engineering and traffic study and in
accordance with section 6109(a)(11) (relating to specific powers
of department and local authorities) to address citizen
complaints or demonstrable traffic safety concerns, such as high
crash rates or fatalities.
(h) Initial period.--During the initial 90 days of speed
enforcement using electronic devices, individuals may only be
sanctioned for violations with a written warning.
(i) Report.--Each municipality that adopts an ordinance
authorizing the use of electronic devices shall submit an annual
report to the Local Government Commission, which shall be
considered a public record under the act of February 14, 2008
(P.L.6, No.3), known as the Right-to-Know Law. The report shall
include the following for the prior year:
(1) The number of violations, written warnings and fines
issued under this section.
(2) A compilation of all fines paid and outstanding.
(3) The number of moving violations and fines issued
under other provisions of this title.
(j) Report by Local Government Commission.--Beginning with
the second full calendar year following the enactment of this
section, and in each calendar year thereafter, the Local
Government Commission shall submit a report to the chair and
minority chair of the Transportation Committee of the Senate and
the chair and minority chair of the Transportation Committee of
the House of Representatives. The report shall be considered a
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public record under the Right-to-Know Law. The report shall
include the following information for the prior year:
(1) The total number of violations, written warnings and
fines issued by municipalities under this section.
(2) A compilation of all fines paid and outstanding.
(3) The total number of moving violations and fines
issued under other provisions of this title.
(k) Revenue limit.--A municipal share of revenue generated
from the use of an electronic device may not exceed an amount
equal to or greater than 1% of the municipality's annual budget.
All revenue collected in excess of this amount shall be remitted
to the department for deposit in the Transportation Enhancements
Grant Program account established under section 3116(l)(2)
(relating to automated red light enforcement systems in first
class cities).
(l) Defense.--The primary use of an electronic device by a
police officer is for purposes of traffic safety. It shall be a
defense to a prosecution arising from the use of an electronic
device that the primary use of the device is to generate
revenue.
(m) Construction.--Notwithstanding any provision of this
section, this section shall not abrogate, limit, restrict or
diminish any authority granted by law to and exercised by the
Pennsylvania State Police as of the effective date of this
section.
(n) Expiration.--This section shall expire December 31,
2024.
(o) 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:
"Electronic devices." The electronic devices described under
subsection (a).
"Full-service police department." A municipal or regional
police department which:
(1) is authorized by one or more political subdivisions;
(2) provides 24-hour-a-day patrol and investigative
services; and
(3) reports its activities monthly to the Pennsylvania
State Police in accordance with the Uniform Crime Reporting
System.
" Full-time police officer. " An employee of a political
subdivision or regional police department who complies with all
of the following:
(1) Is certified under 53 Pa.C.S. Ch. 21 Subch. D
(relating to municipal police education and training).
(2) Is empowered to enforce 18 Pa.C.S. (relating to
crimes and offenses) and this title.
The term does not include a Pennsylvania State Police officer,
part-time or auxiliary police, constables, sheriffs or their
deputies, fire police, transit police, airport police, park
rangers, university or college police, game wardens, fish
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commission officers or railroad police or any employee of a
police agency which does not maintain continuous primary police
coverage of its jurisdiction 24 hours per day every day of the
year.
Section 4. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of 44
Pa.C.S. Pt. V.
(2) The act of October 30, 1981 (P.L.321, No.114),
entitled "An act prohibiting political subdivisions or
agencies of the Commonwealth from imposing certain quotas on
the issuance of citations for certain offenses," is repealed.
Section 5. This act shall take effect in 120 days.
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