Regular Session 2023-2024 House Bill 0190 P.N. 0148

PRINTER'S NO. 148

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

190

Session of

2023

INTRODUCED BY D. MILLER, DAWKINS, MADDEN, HILL-EVANS, KINSEY,

SANCHEZ, KHAN, KINKEAD, N. NELSON, PARKER, OTTEN, GREEN AND

HOWARD, MARCH 8, 2023

REFERRED TO COMMITTEE ON JUDICIARY, MARCH 8, 2023

AN ACT

Amending Titles 34 (Game), 42 (Judiciary and Judicial Procedure)

and 75 (Vehicles) of the Pennsylvania Consolidated Statutes,

in enforcement, further providing for jurisdiction and

penalties; in sentencing, further providing for sentencing

generally, for fine, for collection of restitution,

reparation, fees, costs, fines and penalties and for payment

of court costs, restitution and fines, repealing provisions

relating to fine and further providing for failure to pay

fine; in licensing of drivers, repealing provisions relating

to suspension of operating privilege for failure to respond

to citation, providing for fee for restoration of operating

privilege and further providing for restoration of operating

privilege, for occupational limited license and for

probationary license; in financial responsibility, further

providing for definitions; and, in penalties and disposition

of fines, repealing provisions relating to inability to pay

fine and costs.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 925(e) of Title 34 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 925. Jurisdiction and penalties.

* * *

(e) Installment payment of fines.--Upon a plea and proof

that person is unable to pay any fine and costs imposed under

this title, a court may, in accordance with 42 Pa.C.S. § [9758

(relating to fine)] 9730 (relating to payment of court costs,

restitution and fines), permit installment payments it considers

appropriate to the circumstances of the person, in which case

its order shall specify when each installment payment is due.

* * *

Section 2. Section 9721(c.1) of Title 42 is amended and the

section is amended by adding a subsection to read:

§ 9721. Sentencing generally.

* * *

(c.1) Mandatory payment of costs.--Notwithstanding the

provisions of section 9728 (relating to collection of

restitution, reparation, fees, costs, fines and penalties) or

any provision of law to the contrary, in addition to the

alternatives set forth in subsection (a), the court shall order

the defendant to pay costs. In the event the court fails to

issue an order for costs pursuant to section 9728, costs shall

be imposed upon the defendant under this section. No court order

shall be necessary for the defendant to incur liability for

costs under this section. The provisions of this subsection do

not alter the court's discretion under Pa.R.Crim.P. No. 706(C)

(relating to fines or costs)[.] or the requirements of section

9730 (relating to payment of court costs, restitution and

fines) .

(c.2) Imposition of fines, costs and restitution.--

(1) Restitution established by the evidence as owed to a

victim shall be imposed in accordance with 18 Pa.C.S. § 1106

(relating to restitution for injuries to person or property).

Payment of restitution in full shall have priority over

payment of fines or costs.

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(2) When imposing fines and costs, whether mandatory or

discretionary, the court or issuing authority shall:

(i) Consider only the defendant's income in

assessing fines and costs and ability to pay.

(ii) Have the discretion to waive or reduce fines

and costs at any time.

(iii) Conduct an ability-to-pay analysis before

imposing any fines or costs:

(A) At any stage in the proceeding, including

pretrial proceedings, diversionary programs,

sentencing or postsentencing proceedings.

(B) For any summary offense, misdemeanor, felony

or other offense.

subsection (c.1) and section 9726 (relating to fine).

(3) A sentence of incarceration may not be imposed

solely because a defendant is found unable to pay.

(4) If a felony or misdemeanor charge is reduced to a

summary offense, the defendant shall be liable only for costs

associated with a summary offense, in accordance with the

standards specified in this section.

(5) In any single case, or if more than one case is

consolidated or tried together, each court cost that is

authorized by law shall be assessed no more than once. A

defendant may not be charged any costs associated with

charges that are withdrawn or dismissed or otherwise do not

result in conviction.

(6) The inability to pay shall not limit access to

diversionary programs or serve as grounds for removal or

suspension from the programs.

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* * *

Section 3. Section 9726 of Title 42 is amended by adding a

subsection to read:

§ 9726. Fine.

* * *

(e) Alternative sentence.--The sentence of the court may

include an alternative sentence in the event of nonpayment, but

the sentence shall only take effect in accordance with section

9772 (relating to failure to pay fine).

Section 4. Section 9728(g.1) of Title 42 is amended to read:

§ 9728. Collection of restitution, reparation, fees, costs,

fines and penalties.

* * *

(g.1) Payment.--[No less than 50% of all moneys] Money

collected by the county probation department or other agent

designated by the county commissioners of the county with the

approval of the president judge of the county pursuant to

subsection (b)(1) and deducted pursuant to subsection (b)(5)

shall, until the satisfaction of the defendant's restitution

obligation, be used to pay restitution to victims. Any remaining

moneys shall be used to pay fees, costs, fines, penalties and

other court-ordered obligations.

* * *

Section 5. Section 9730 of Title 42, amended November 3,

2022 (P.L.2175, No.163), is amended to read:

§ 9730. Payment of court costs, restitution and fines.

(a) Method of payment.--The treasurer of each county shall

allow the use of credit cards, debit cards and bank cards in the

payment of court costs, restitution and fines and may provide

for automatic periodic deductions from a bank account, subject

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to the agreement of the owner of the account[.], but any

deduction, garnishment or wage attachment shall not be in excess

of the defendant's payment plan amount. A defendant may not be

charged any administrative fee for the use of the credit cards

or bank cards.

(a.1) Wage attachment.--A court may, at sentencing, assign

an amount not greater than 25% of the defendant's gross salary,

wages or other earnings to be used for the payment of court

costs, restitution or fines.

(b) Procedures regarding default.--

(1) If a defendant defaults in the payment of court

costs, restitution or fines after imposition of sentence, the

issuing authority or a senior judge or senior magisterial

district judge appointed by the president judge for the

purposes of this section may conduct a hearing to determine

whether the defendant is financially able to pay. The court

may not hold the defendant in contempt, alter the defendant's

payment plan without the defendant's consent or issue a

sanction without first holding a hearing. A bench warrant may

not be issued solely for a financial default. If the

defendant fails to appear at the hearing, the court may issue

a bench warrant or reschedule the hearing.

(1.1) With respect to notice of the hearing:

(i) Notice shall be provided via certified mail and

telephone, text or email when possible, but not as a

substitute for traditional service.

(ii) At a minimum, notice shall include:

(A) The date, time and location of the hearing.

(B ) The total amount owed in fines, costs and

restitution.

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any.

(D) Any measure that the defendant may take to

avoid a hearing.

(E) A reminder that the defendant may bring

documentation regarding the defendant's finances or a

list of documents that the court, issuing authority,

senior judge or senior magisterial district judge

requires the defendant to bring.

(F) If the court, issuing authority, senior

judge or senior magisterial district judge is

considering incarcerating the defendant, a statement

that the defendant has a right to counsel at the

hearing, with instructions on how to apply for a

public defender if the defendant cannot afford

counsel.

(iii) Notice shall be provided to a victim to whom

restitution is owed, when so requested.

(1 .2) With respect to a hearing on the ability of a

defendant to pay fines, costs or restitution, the court,

issuing authority, senior judge or senior magisterial

district judge shall affirmatively inquire into the reasons

for nonpayment and the defendant's present financial status

in accordance with the standards specified in subsection (c).

The following apply:

(i) The defendant has the right to offer evidence

and the right to representation if there is a likelihood

of incarceration.

( ii) A victim who is owed restitution is entitled to

notice if so requested.

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(iii) The court, issuing authority, senior judge or

senior magisterial district judge shall make written

findings on the record.

(1. 3) At any time deemed appropriate or upon motion, the

court may waive or reduce a defendant's fines or costs,

whether mandatory or discretionary, or any portion thereof,

as noncollectible due to the defendant's inability to pay.

Any amount of unpaid restitution may be reduced or waived

only if the court finds on the record that the victim has

given consent to the reduction or waiver.

(2) If the court, issuing authority, senior judge or

senior magisterial district judge determines that the

defendant is financially able to pay the costs, restitution

or fine and has willfully refused to pay, the court, issuing

authority, senior judge or senior magisterial district judge

may reinstate, alter or otherwise create an installment

payment schedule, enter an order for wage attachment, turn

the delinquent account over to a private collection agency or

impose imprisonment for nonpayment, as provided by law. The

following apply:

(i) No person shall be incarcerated for nonpayment

unless the court makes the necessary finding under this

subsection in writing.

( ii) The court may impose a purge condition,

compliance with which will allow the defendant to avoid

sanction, only if it finds beyond a reasonable doubt that

the defendant has the present ability to comply.

(2.1) (i) If the court, issuing authority, senior judge

or senior magisterial district judge schedules a

financial determination hearing for the defendant and

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provides notice to the defendant of the hearing, but the

defendant fails to appear at the financial determination

hearing, the court, issuing authority, senior judge or

senior magisterial district judge may turn the delinquent

account over to a private collection agency or the

county's collection enforcement unit as set forth under

section 9728 (relating to collection of restitution,

reparation, fees, costs, fines and penalties), as

provided by law.

(ii) In each communication with the defendant, the

private collection agency or the county's collection

enforcement unit shall notify the defendant of the

defendant's right to request a new financial

determination hearing under paragraph (2.2).

(2.2) (i) If the defendant has a delinquent account

turned over to a private collection agency or the

county's collection enforcement unit under paragraph

(2.1), the defendant may request a new financial

determination hearing on the defendant's financial

ability to pay the court costs, restitution or fines.

(ii) Upon receipt of the request for a new financial

determination hearing under this paragraph, the court,

issuing authority, senior judge or senior magisterial

district judge shall schedule and conduct the hearing in

accordance with this subsection.

(iii) Upon notice that the defendant has requested a

new financial determination hearing under this paragraph,

the private collection agency or the county's collection

enforcement unit shall cease all collections activities

pending the conclusion of the financial determination

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hearing.

(iv) If the defendant fails to appear at the

financial determination hearing under this paragraph, the

private collection agency or county's collection

enforcement unit may resume collection activities.

(v) If the defendant requests a new financial

determination hearing after failing to appear at a

hearing previously requested under this paragraph, the

private collection agency or county collection

enforcement unit's collection activities may continue

unless stayed by court order.

(3) (i) If the court, issuing authority, senior judge

or senior magisterial district judge determines that the

defendant is without the financial means to pay the

costs, restitution or fines immediately or in a single

remittance, the court, issuing authority, senior judge or

senior magisterial district judge may provide for payment

in installments or, in the case of costs or fines, reduce

or waive the costs or fines, except costs imposed under

section 1101 of the act of November 24, 1998 (P.L.882,

No.111), known as the Crime Victims Act. In determining

the appropriate installments, reduction or waiver, the

court, issuing authority, senior judge or senior

magisterial district judge shall consider the defendant's

financial resources, the defendant's ability to make

restitution and reparations and the nature of the burden

the payment will impose on the defendant.

(ii) If the defendant is in default of a payment or

advises the court, issuing authority, senior judge or

senior magisterial district judge that default is

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imminent, the court, issuing authority, senior judge or

senior magisterial district judge may schedule a

rehearing on the payment schedule. At the rehearing the

defendant has the burden of proving changes of financial

condition such that the defendant is without the means to

meet the payment schedule. The court, issuing authority,

senior judge or senior magisterial district judge may

extend or accelerate the schedule, leave it unaltered,

reduce or waive the costs or fines, except costs imposed

under section 1101 of the Crime Victims Act, or sentence

the defendant to a period of community service as the

court, issuing authority, senior judge or senior

magisterial district judge finds to be just and

practicable under the circumstances.

(iii) If the court, issuing authority, senior judge

or senior magisterial district judge determines that the

defendant is without the financial means to pay the

costs, restitution or fines under this paragraph, the

court, issuing authority, senior judge or senior

magisterial district judge shall waive an existing

collection fee under section 9730.1(b) (relating to

collection of court costs, restitution and fines by

private collection agency) that was not previously

collected from the defendant who is determined to be

without the financial means to pay the costs, restitution

or fines under this paragraph.

(iv) If the waiver or reduction results in

eliminating any outstanding balance of fines or costs,

the court, issuing authority, senior judge or senior

magisterial district judge shall specify in writing that

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the case was closed for that reason. Any existing civil

judgment or lien entered in accordance with section 9728

shall be terminated.

(4) A decision of the court, issuing authority, senior

judge or senior magisterial district judge under paragraph

(2), (2.1) or (3) is subject to section 5105 (relating to

right to appellate review).

(1) The defendant shall be considered unable to pay

fines, costs or restitution if any of the following is

established by a preponderance of the evidence:

(i) The defendant's income is less than 125% of the

Federal poverty guidelines or the defendant is an

unemancipated juvenile.

(ii) The defendant proves that imposition of the

fines or costs would render the defendant unable to meet

basic life needs, including food, rent or mortgage,

utilities, medical expenses, transportation and dependent

care, with consideration given to employment status,

treatment needs and access to means-based public

assistance.

(2) The court, issuing authority, senior judge or senior

magisterial district judge may request reasonable

documentation in relation to the defendant's income and

ability to pay, but no final order regarding fines and costs

shall be issued without providing the defendant with a

reasonable opportunity to produce financial documentation.

The defendant shall be provided in writing the total amount

of fines, costs or restitution imposed.

(3) The court, issuing authority, senior judge or senior

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magisterial district judge shall allow a victim owed

restitution to provide competent and relevant evidence

regarding the defendant's finances and ability to pay, if so

requested.

(4) The court, issuing authority, senior judge or senior

magisterial district judge may order a defendant to report

any salary increase that improves the defendant's ability to

pay and any financial windfalls in excess of $1,000. The

court, issuing authority, senior judge or senior magisterial

district judge shall provide the defendant with written

notice of this obligation.

(d) Installment payment schedule.--

(1) Upon a determination that a defendant has the

ability to pay, the court, issuing authority, senior judge or

senior magisterial district judge shall seek immediate

payment. If it is established that the payment cannot be paid

in full, the court, issuing authority, senior judge or senior

magisterial district judge shall permit a victim owed

restitution to offer competent and relevant evidence as to

the defendant's finances, if so requested, before finalizing

an installment payment schedule. Unless a greater payment is

consented to by the defendant, the installment payment

schedule shall be prescribed as follows:

(i) A defendant whose income is less than or equal

to 125% of the Federal poverty guidelines shall not be

required to make monthly installment payments.

(ii) A defendant whose income is more than 125% but

less than 150% of the Federal poverty guidelines shall

not be required to make monthly installment payments that

exceed two times the hourly minimum wage for the

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locality.

(iii) A defendant whose income is equal to or more

than 150% but less than 185% of the Federal poverty

guidelines shall not be required to make monthly

installment payments that exceed three times the hourly

minimum wage for the locality.

(iv) A defendant whose income is equal to or more

than 185% but less than 200% of the Federal poverty

guidelines shall not be required to make monthly

installment payments that exceed four times the hourly

minimum wage for the locality.

(v) If a defendant's income is equal to or more than

200% of the Federal poverty guidelines, the court,

issuing authority, senior judge or senior magisterial

district judge shall consider the evidence presented at a

hearing on the defendant's financial ability to pay and

set an installment payment schedule that would not

prevent the defendant from meeting the basic life needs

of the defendant and any of the defendant's dependents.

(2) The court, issuing authority, senior judge or senior

magisterial district judge may set review dates to review

progress and related financial information. The review dates

based solely on financial payments shall not be more frequent

than once every six months absent default. The scheduling

shall take into account the impact on the defendant's

employment or dependent care.

(3) The court, issuing authority, senior judge or senior

magisterial district judge may delegate authority to the

department of probation of the respective county or other

agent designated by the county commissioners of the county

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with the approval of the president judge of the county in

accordance with section 9728. The court, issuing authority,

senior judge or senior magisterial district judge may

delegate authority to its clerks to enter into a mutually

agreeable installment payment schedule with the defendant.

However, if the defendant requests that the court, issuing

authority, senior judge or senior magisterial district judge

hold a hearing to set or modify a payment plan, the court,

issuing authority, senior judge or senior magisterial

district judge shall schedule and hold the hearing. An entity

to which the authority is delegated shall inform the

defendant in writing of the right to a hearing.

(4) The court, issuing authority, senior judge or senior

magisterial district judge may send automated reminders to

the defendant via text message or email to remind the

defendant to pay each month.

(e) Community service.--The court may, with the consent of

the defendant, permit the defendant to perform community service

in lieu of paying fines or costs or in lieu of restitution, if

agreed to on the record by the victim to whom restitution is

owed. The following apply:

(1) A defendant who performs community service shall

receive credit at no less than two times the hourly minimum

wage for the locality, although the court, issuing authority,

senior judge or senior magisterial district judge may in its

discretion give credit at a higher rate. The failure to

complete agreed-to community service may lead to

reinstatement of outstanding financial obligations in

accordance with this section.

(2) No community service may be used to enrich or

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otherwise benefit:

(i) the court, issuing authority, senior judge or

senior magisterial district judge or staff thereof,

including any family members, colleagues or

acquaintances; or

(ii) the victim or the victim's family members,

colleagues or acquaintances.

(f) Time limit on contempt proceedings.--

(1) A court, issuing authority, senior judge or senior

magisterial district judge may not hold a defendant in

contempt or otherwise arrest or imprison a defendant for

nonpayment of fines or costs beyond the maximum term of

imprisonment to which the defendant could have been sentenced

for the crimes of which the defendant was convicted or upon

the termination of probation, if any.

(2) In summary offenses, the court, issuing authority,

senior judge or senior magisterial district judge may not

hold a defendant in contempt or otherwise arrest or imprison

a defendant for nonpayment of fines or costs once two years

have passed since the date of conviction for the offense or

upon the termination of probation, if any.

(3) Nothing in this subsection shall limit the ability

of the Commonwealth to enforce a civil judgment entered in

accordance with sections 5529(a) (relating to twenty year

limitation) and 9728.

(g) Termination of probation or parole with unpaid fines,

costs or restitution.--

(1) If a defendant has completed all rehabilitative

goals of probation or parole other than payment of fines and

costs and there has been no finding of willful refusal to pay

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fines, the court shall terminate supervision.

(2) If a defendant has completed all rehabilitative

goals of probation or parole but restitution remains and

there has been no finding of willful refusal to pay, the

court may terminate supervision.

(3) If any financial obligation is still owed or

assigned at the termination of supervision, the court shall

provide the defendant with the amount in writing, place the

defendant on an installment payment schedule in accordance

with this section and inform the defendant that payment is

still owed and that willful failure to comply may result in a

finding of contempt and possible imprisonment.

(4) Without a finding of willful nonpayment, nonpayment

of fines or restitution shall not constitute grounds to

revoke or extend a period of probation or parole. Nonpayment

of costs shall not constitute a probation violation.

Section 6. Section 9758 of Title 42 is repealed:

[§ 9758. Fine.

(a) General rule.--In imposing a fine the court shall at the

time of sentencing specify the amount of the fine up to the

amount authorized by law and shall provide when it is to be

paid, and in the absence of statutory direction provide whether

it is to be paid to the county or to the Commonwealth.

(b) Installment payment.--Except for fines imposed under

Title 34 (relating to game), the court may permit installment

payments as it considers appropriate to the circumstances of the

defendant, in which case its order shall specify when each

installment payment is due. Installment payments for fines

imposed for summary offenses under Title 34 shall not exceed one

year for summary offenses and, except for 34 Pa.C.S. § 2522

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(relating to shooting at or causing injury to human beings),

shall not exceed two years for misdemeanor offenses.

include an alternative sentence in the event of nonpayment.]

Section 7. Section 9772 of Title 42 is amended to read:

§ 9772. Failure to pay fine.

[Unless there is proof that failure to pay a fine or that

portion of the fine that is due is excusable, the] The court may

after a hearing find the defendant guilty of contempt and

sentence him to not more than six months imprisonment, if a term

of confinement of that amount could have been imposed for the

offense charged[.] and the defendant is not indigent and is

willfully refusing to pay in accordance with section 9730

(relating to payment of court costs, restitution and fines). The

court shall make findings on the record regarding the

defendant's ability to pay. If an alternative sentence has been

imposed under section [9758(c) (relating to alternative

sentence)] 9726(e) (relating to fine), the alternative sentence

may not take effect until there has been a preliminary finding

of non-indigency, and a willful failure to pay the fine in

accordance with section 9730.

Section 8. Section 1533 of Title 75 is repealed:

[§ 1533. Suspension of operating privilege for failure to

respond to citation.

(a) Violations within Commonwealth.--The department shall

suspend the operating privilege of any person who has failed to

respond to a citation or summons to appear before an issuing

authority or a court of competent jurisdiction of this

Commonwealth for any violation of this title, other than

parking, or who has failed to pay any fine, costs or restitution

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imposed by an issuing authority or such courts for violation of

this title, other than parking, upon being duly notified by an

issuing authority or a court of this Commonwealth.

(b) Violations outside Commonwealth.--The department shall

suspend the operating privilege of any person who has failed to

respond to a citation, summons or similar writ to appear before

a court of competent jurisdiction of the United States or any

state which has entered into an enforcement agreement with the

department, as authorized under section 6146 (relating to

enforcement agreements), for any violation of the motor vehicle

laws of such state, other than parking, or who has failed to pay

any fine or costs imposed by such court upon being duly notified

in accordance with the laws of such jurisdiction in which the

violation occurred. A person who provides proof, satisfactory to

the department, that the full amount of the fine and costs has

been forwarded to and received by the court shall not be

regarded as having failed to respond for the purposes of this

subsection.

an issuing authority or court notifies the department to impose

a suspension pursuant to subsection (a), the issuing authority

or court shall notify the person in writing of the requirement

to respond to the citation and pay all fines, restitution and

penalties imposed by the issuing authority or court.

(d) Period of suspension.--The suspension shall continue

until such person shall respond to the citation, summons or

writ, as the case may be, and pay all fines, restitution and

penalties imposed or enter into an agreement to make installment

payments for the fines, restitution and penalties imposed

provided that the suspension may be reimposed by the department

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if the defendant fails to make regular installment payments and,

if applicable, pay the fee prescribed in section 1960 (relating

to reinstatement of operating privilege or vehicle

registration).

(e) Remedy cumulative.--A suspension under this section

shall be in addition to the requirement of withholding renewal

or reinstatement of a violator's driver's license as prescribed

in section 1503(a) (relating to persons ineligible for

licensing; license issuance to minors; junior driver's license).

(f) Admissibility of documents.--A copy of a document issued

by a court or issuing authority of this Commonwealth or by an

official of another state shall be admissible for the purpose of

proving a violation of this section.]

Section 9. Title 75 is amended by adding a section to read:

§ 1533.1. Fee for restoration of operating privilege.

A person whose operating privilege was suspended under former

section 1533 (relating to suspension of operating privilege for

failure to respond to citation) before the effective date of

this section shall have the operating privilege promptly

restored by the department without the requirement to pay any

fee prescribed in section 1960 (relating to reinstatement of

operating privilege or vehicle registration).

Section 10. Sections 1545, 1553(b)(4)(i)(A) and (d)(12) and

(15)(i) and 1554(f)(3) of Title 75 are amended to read:

§ 1545. Restoration of operating privilege.

Upon the restoration of any person's operating privilege

which has been suspended or revoked pursuant to this subchapter

or pursuant to Chapter 38 (relating to driving after imbibing

alcohol or utilizing drugs), such person's record shall show

five points, except that any additional points assessed against

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the person since the date of the last violation resulting in the

suspension or revocation shall be added to such five points

unless the person has served an additional period of suspension

or revocation pursuant to section 1544(a) (relating to

additional period of revocation or suspension). This section

shall not apply to former section 1533 (relating to suspension

of operating privilege for failure to respond to citation) or to

18 Pa.C.S. § 6310.4 (relating to restriction of operating

privileges).

§ 1553. Occupational limited license.

* * *

(b) Petition.--

* * *

(4) (i) A person whose operating privilege has been

suspended for a conviction of section 1543 (relating to

driving while operating privilege is suspended or

revoked) may not petition for an occupational limited

license unless department records show that the

suspension for a conviction of section 1543 occurred only

as the result of:

(A) a suspension for failure to respond to a

citation imposed under the authority of former

section 1533 (relating to suspension of operating

privilege for failure to respond to citation) or

section 6146 (relating to enforcement agreements);

* * *

(d) Unauthorized issuance.--The department shall prohibit

issuance of an occupational limited license to:

* * *

(12) Any person whose operating privilege is currently

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suspended for failure to respond to a citation pursuant to

section [1533 or] 6146.

* * *

(15) Any person whose operating privilege has been

suspended for a conviction of section 1543 unless department

records show that the suspension for a conviction of section

1543 occurred only as a result of:

(i) a suspension for failure to respond to a

citation imposed under the authority of former section

1533 or section 6146;

* * *

§ 1554. Probationary license.

* * *

(f) Unauthorized issuance.--The department shall not issue a

probationary license to:

* * *

(3) A person whose operating privilege is currently

suspended under section [1533 (relating to suspension of

operating privilege for failure to respond to citation) or]

6146 (relating to enforcement agreements).

* * *

Section 11. The definition of "clean risk" in section 1702

of Title 75 is amended to read:

§ 1702. 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:

* * *

"Clean risk." An insured or an applicant for insurance who,

for the 36-month period immediately preceding the date of

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application or renewal date of the policy:

(1) has not been involved in an accident as a driver,

provided that, for purposes of this paragraph, an "accident"

shall not include accidents described in section 3 of the

Automobile Insurance Policy Act or section 1799.3 (relating

to limit on cancellations, refusals to renew, refusals to

write, surcharges, rate penalties and point assignments);

(2) has not received more than three points for

violations as set forth in Chapter 15 (relating to licensing

of drivers); and

(3) whose operator's license has not been suspended or

revoked except under former section 1533 (relating to

suspension of operating privilege for failure to respond to

citation) and the insured is able to produce proof that he or

she has responded to all citations and paid all fines and

penalties imposed under that section and provided further

that the named insured has been a licensed operator in

Pennsylvania or another state for the immediately preceding

three years.

* * *

Section 12. Section 6504 of Title 75 is repealed:

[§ 6504. Inability to pay fine and costs.

(a) Order for installment payments.--Upon plea and proof

that a person is unable to pay any fine and costs imposed under

this title, a court may, in accordance with 42 Pa.C.S. § 9758

(relating to fine), order payment of the fine and costs in

installments and shall fix the amounts, times and manner of

payment.

(b) Imprisonment for nonpayment.--Any person who does not

comply with an order entered under this section may be

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imprisoned for a number of days equal to one day for each $40 of

the unpaid balance of the fine and costs.]

Section 13. This act shall take effect in 60 days.

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