Regular Session 2017-2018 House Bill 0163 P.N. 4271

SENATE AMENDED

PRIOR PRINTER'S NOS. 127, 3123, 3327,

4053

PRINTER'S NO. 4271

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 THIRD CONSIDERATION, IN SENATE, OCTOBER 16, 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.

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(b) Criminal penalties and fines.--

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(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

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privileges) except that] the fine imposed for a violation of

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.

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(b) Penalty.--

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(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.

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(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.

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§ 6308. Purchase, consumption, possession or transportation of

liquor or malt or brewed beverages.

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(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.

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(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

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jurisdiction pursuant to 42 Pa.C.S. § 1515(a) (relating to

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).

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

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shall an insurer cancel or refuse to renew an automobile

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

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section or the department may issue an order directing the

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

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privilege of an obligor or other individual, the Department

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

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Commission to issue licenses and permits pursuant to the

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[;

(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.

* * *

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

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States, this Commonwealth or any other state, or] any person 21

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 OR

AGAINST 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.

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Section 6 5. This act shall take effect in 180 days.

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