THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY STACK AND FARNESE, APRIL 28, 2011

REFERRED TO TRANSPORTATION, APRIL 28, 2011  

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in licensing of drivers, establishing an amnesty

program for traffic violations in cities of the first class.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Chapter 15 of Title 75 of the Pennsylvania

Consolidated Statutes is amended by adding a subchapter to read:

SUBCHAPTER E

AMNESTY PROGRAM IN CITIES OF THE FIRST CLASS

Sec.

1591.  Definitions.

1592.  Amnesty program.

1593.  Administration of program.

1594.  (Reserved).

1595.  Fees.

1596.  Regulations and report.

1597.  Method of payment.

1598.  Use of revenue.

1599.  Proceedings relating to amnesty violations barred.

§ 1591.  Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Amnesty period."  The time period of 120 working days

established by the court under section 1592(b) (relating to

amnesty program).

"Amnesty program."  The amnesty program established under

section 1592(a) (relating to amnesty program).

"Court."  The Traffic Court of Philadelphia.

"Ineligible violation."  The following:

(1)  Any violation of Chapter 38 (relating to driving

after imbibing alcohol or utilizing drugs) or former section

3731 (relating to driving under influence of alcohol or

controlled substance).

(2)  Any violation of section 3732 (relating to homicide

by vehicle).

(3)  Any violation of section 3735 (relating to homicide

by vehicle while driving under influence).

(4)  Any violation of section 3735.1 (relating to

aggravated assault by vehicle while driving under the

influence).

(5)  Any violation of section 3742 (relating to accidents

involving death or personal injury).

(6)  Any violation of section 3742.1 (relating to

accidents involving death or personal injury while not

properly licensed).

(7)  Any violation of section 3743 (relating to accidents

involving damage to attended vehicle or property).

(8)  Any violation of section 3745 (relating to accidents

involving damage to unattended vehicle or property).

(9)  Any suspension imposed as a result of a violation of

this title that resulted in serious bodily harm or death to

another individual.

(10)  Any violation of this title for which the

department has imposed a disqualification under section 1611

(relating to disqualification).

(11)  Any violation of section 1543(b) (relating to

driving while operating privilege is suspended or revoked).

(12)  Any violation of section 3734 (relating to driving

without lights to avoid identification or arrest).

(13)  Any violation of section 3748 (relating to false

reports).

§ 1592.  Amnesty program.

(a)  Establishment.--There is established in cities of the

first class an amnesty program which shall be administered by

the department in cooperation with the court. The program shall

provide individuals who have had their operating privileges

suspended based on certain violations of this title with the

opportunity to have their operating privileges reinstated or the

length of the suspension reduced.

(b)  Notice.--No later than 60 days prior to the start of the

amnesty period established under subsection (c), the court shall

publish notice of the existence of the program in a newspaper of

general circulation within the city once per week for three

consecutive weeks. The court shall also post notice of the

program on its Internet website.

(c)  Amnesty period.--The amnesty period shall be established

by the department and shall begin no earlier than six months

following the effective date of this section.

(d)  Applications.--The department, in consultation with the

court, shall develop an application and instructions to be used

by individuals who seek to participate in the program. The court

shall make the application available at the offices of the court

and on the court's Internet website. Applications shall also be

made available on the Internet websites of the court of common

pleas, the Philadelphia Parking Authority and the city.

(e)  Eligibility.--The amnesty program shall be available to

all of the following:

(1)  Any individual who was convicted by the court of a

violation of this title, other than an ineligible violation,

between January 1, 1991, and the effective date of this

section and whose operating privilege is currently suspended

by the department due to a violation of this title for which

the individual was convicted by the court.

(2)  Any non-Pennsylvania resident who was convicted by

the court of a violation of this title, other than an

ineligible violation, between January 1, 1991, and the

effective date of this section and whose operating privilege

is currently suspended by the individual's state of residence

due to a violation of this title for which the individual was

convicted by the court.

(f)  Prohibitions.--The following shall apply:

(1)  The court shall be prohibited from granting amnesty

for any ineligible violation.

(2)  An individual shall be prohibited from applying for

amnesty for any for violation committed after the effective

date of this section.

§ 1593.  Administration of program.

(a)  Application.--Any individual who seeks to participate in

the program shall file an application with the department in the

form and manner and containing the information as the department

shall require. The department may permit individuals to file

applications electronically through the department's Internet

website. Each application shall contain the appropriate

application fees.

(b)  Transfer of information to court.--On a daily basis, the

department shall send applications received and citation

information for each applicant to the court via electronic mail.

(c)  Court review.--The court shall review each application

and grant amnesty for each violation listed unless the violation

is an ineligible violation.

(d)  List.--The court shall forward to the department a list

verifying that the information on the application and the

citation information is correct along with a list of the

citations that have been fully paid and those that have not been

fully paid.

(e)  Grant.--The department shall grant all amnesty requests

for citations if all fees, fines and costs have been paid as

verified by the court.

(f)  Duties of department.--If the court verifies that all

fees, fines and costs have been paid, the department shall:

(1)  Immediately remove from the person's driving record

all points imposed under section 1535 (relating to schedule

of convictions and points) based on the conviction for which

amnesty was granted. If the removal of points reduces the

number of points on the person's driver's record to a number

below the number for which suspension is required under

section 1539 (relating to suspension of operating privilege

on accumulation of points), the department shall immediately

reinstate the operating privilege upon the individuals in

compliance with subsections (b) and (c).

(2)  Upon notice that the court has granted amnesty to a

non-Pennsylvania resident whose operating privilege is

currently suspended by the individual's state of residence

due to a violation or violations of this title, notify the

governmental agency that suspended the individual's operating

privilege that the individual has been granted amnesty in

this Commonwealth.

(3)  Not be required to reinstate the operating

privileges of an individual granted amnesty under this

subchapter if the department is authorized under this title

to suspend the operating privileges of the individual for

other violations of this title which occurred outside the

jurisdiction of the court or for which amnesty was not

granted.

(g)  Denial.--If the application is denied due to the

defendant's failure to pay all outstanding fees, fines and

costs, a defendant may file a new amnesty application with a new

application fee. The new application shall be processed as

provided under this section.

(h)  Payment of fines, fees and penalties.--

(1)  Except as provided under paragraph (2), an

individual who is serving a suspension and who has paid all

fines, including any surcharges, penalties and costs

associated with the violations for which the court granted

amnesty, shall be eligible for immediate reinstatement of his

operating privileges in accordance with subsection (f).

(2)  An individual who is serving a suspension imposed

under section 1533 (relating to suspension of operating

privilege for failure to respond to citation) for violations

for which the court has granted amnesty shall be eligible for

immediate reinstatement of his operating privilege in

accordance with subsection (f) if the individual pays all

fines, including any surcharges, penalties and costs

associated with the violations.

§ 1594. (Reserved).

§ 1595.  Fees.

Notwithstanding section 1960 (relating to reinstatement of

operating privilege or vehicle registration), an individual

granted amnesty who has his license reinstated shall pay a fee

as follows:

(1)  Seventy-five dollars to the department to restore

the individual's operating privilege. The individual shall

also provide the department with proof of financial

responsibility required under section 1783 (relating to proof

of financial responsibility before restoring operating

privilege or registration).

(2)  Seventy-five dollars to the court for costs

associated with administering the program.

§ 1596.  Regulations and report.

(a)  Regulations.--The department, in consultation with the

court, shall develop regulations to implement the provisions of

this subchapter. The regulations shall be published in the

Pennsylvania Bulletin within 120 days after the effective date

of this section and shall contain the following information:

(1)  An explanation of the program and the requirements

for eligibility for the program.

(2)  A list of offenses for which amnesty may not be

granted by the court and department.

(3)  The dates during which an amnesty application may be

filed and the manner for filing the application.

(4)  A specimen copy of the amnesty application.

(b)  Report.--The court and the department shall issue a

joint report to the General Assembly within six months after the

end of the amnesty period detailing the implementation of the

program. The report shall contain the following information:

(1)  The number of amnesty requests filed with the court

and the number granted.

(2)  A numeric summary of the violations for which

amnesty was granted.

(3)  The total dollar amount of revenue collected through

the program and remitted to the Commonwealth and a city of

the first class.

(4)  A detailed breakdown of the department's and court's

administrative costs in implementing the program.

§ 1597.  Method of payment.

All payments under the amnesty program shall be made by

certified check, money order, cash or any other form of payment

authorized by the court. The court may permit electronic payment

through its Internet website.

§ 1598.  Use of revenue.

All fines, fees and penalties received by the court from

traffic violations shall be distributed in accordance with law.

All fees received by the court and department under section 1595

(relating to fees) shall be used for administrative costs

associated with the program.

§ 1599.  Proceedings relating to amnesty violations barred.

Participation in the program is conditioned upon the

individual's agreement that the right to protest or pursue an

administrative or judicial proceeding against the department or

the court with regard to violations listed on the amnesty

request is barred.

Section 2.  This act shall take effect in 60 days.