Regular Session 2019-2020 House Bill 0074 P.N. 0078

PRINTER'S NO. 78

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

Session of

2019

INTRODUCED BY ROTHMAN, RYAN, BERNSTINE, SCHLOSSBERG, GROVE,

STAATS, IRVIN, OTTEN, DALEY, NEILSON, HILL-EVANS AND DeLUCA,

JANUARY 28, 2019

REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 28, 2019

AN ACT

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.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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

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 may order, mandate,

require or in any other manner, directly or indirectly, suggest

to any enforcement officer that the enforcement officer 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 a Federal or State grant

or money awarded to a political subdivision, regional police

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department or agency of the Commonwealth and used to fund

traffic enforcement programs.

§ 8503. Station averaging prohibited.

(a) General rule.--No political subdivision, regional police

department or agency of the Commonwealth may 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 be

construed to prohibit the evaluation of the job performance of

an enforcement officer based on the enforcement officer's points

of contact.

§ 8504. Violation.

A 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 3371 (relating to radar

enforcement systems pilot program), no points may be assigned

under subsection (a).

(e) Suspension of operating privilege.--In addition to other

provisions of this title relating to the suspension or

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revocation of operating privileges, the department shall suspend

for 15 days the operating privileges of any person who for a

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:

§ 3371. Radar enforcement systems pilot program.

(a) Authority.--

(1) Notwithstanding section 3368(c)(2) (relating to

speed timing devices), full-time police officers may 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.

(2) 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.--A full-time police

officer using an electronic device must:

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(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 device from a clearly marked vehicle in

a location that is readily visible to the motoring public.

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; and

(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 the political subdivision.

(d) Certification of speed limit.--The speed limit for a

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

investigations) unless an engineering and traffic study has been

conducted within the two years preceding the passage of the

ordinance, 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

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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 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 in a municipality,

individuals may only be sanctioned for violations in the

municipality with a written warning.

(i) Report.--Each municipality that adopts an ordinance

authorizing the use of electronic devices shall submit an annual

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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

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.--

(1) 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.

(2) All revenue collected in excess of the limitation in

paragraph (1) shall be remitted to the department for deposit

in the Transportation Enhancements Grant Program account

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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 shall be for purposes of traffic safety in a

municipality. It shall be a defense to a prosecution arising

from the use of an electronic device in a municipality that the

primary use of the device is to generate revenue for the

municipality.

(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

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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

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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