PRINTER'S NO. 2243
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1811
Session of
2023
INTRODUCED BY CERRATO, WEBSTER, VENKAT, KAZEEM, KINSEY, ROZZI,
HANBIDGE, HOWARD, SANCHEZ, MADDEN, GALLAGHER, DELLOSO,
PROBST, CEPEDA-FREYTIZ, STEELE, GUENST, PARKER, SCHLOSSBERG,
HILL-EVANS, KRUPA, DALEY, DONAHUE, KRAJEWSKI, CIRESI AND
SHUSTERMAN, NOVEMBER 2, 2023
REFERRED TO COMMITTEE ON TRANSPORTATION, NOVEMBER 2, 2023
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in licensing of drivers, providing for
communication impairment designation; conferring powers and
imposing duties on the Department of Transportation; and
imposing a penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 75 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 1521. Communication impairment designation.
(a) General rule.--A person that has a communication
impairment or a person that resides in the same household as a
person that has a communication impairment may apply with the
department to have a communication impairment designation added
to the department's records in accordance with the provisions of
this section. The department may prescribe eligibility
requirements for the designation under this section.
(b) Designation.--
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(1) Upon receipt of a form provided under subsection
(c), the department shall independently validate the
information and immediately update the department's records
to reflect the elected designation on the person's vehicle
registration, driver's license or identification card.
(2) There shall be no fee for the designation.
(3) The designation shall not be visible on a vehicle
registration, driver's license or identification card.
(4) The department shall maintain records of the
approved designations and the associated emergency contact
information.
(c) Form.--The department shall develop a form to apply for
the designation with the department. The form shall require the
following information:
(1) Emergency contact information for the person that
has a communication impairment.
(2) A certificate that meets all of the following:
(i) Is signed by a physician, physician assistant,
certified nurse practitioner, psychologist, non-physical
mental health professional or physical therapist who is
licensed to practice in this Commonwealth.
(ii) Identifies the person for whom the
communication impairment designation is being elected.
(iii) Attests to the nature of the communication
impairment.
(3) Signature certification by the person that has a
communication impairment that the person:
(i) is voluntarily informing the department and law
enforcement that the person has a health condition or
disability that may impede effective communication with a
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law enforcement officer; and
(ii) authorizes a communication impairment
designation to be added to the department's records for
law enforcement use only.
(d) Record sharing.--
(1) The department shall provide record sharing with law
enforcement agencies in this Commonwealth through existing
networks that can be made easily accessible during a traffic
stop, including the Commonwealth Law Enforcement Assistance
Network.
(2) The following information may be shared under
paragraph (1):
(i) A person's communication impairment designation.
(ii) A person's emergency contact information.
(e) Availability.--Records maintained and shared by the
department under this section shall not be made available to the
public and shall not constitute a public record subject to
public access under the act of February 14, 2008 (P.L.6, No.3),
known as the Right-to-Know Law.
(f) False reporting.--
(1) A person that intentionally makes a false statement
of material fact or commits or attempts to commit deception
or fraud on the form provided under this section is guilty of
a misdemeanor and, upon conviction, shall be sentenced to pay
a fine of not more than $500 or to imprisonment for not more
than 30 days, per occurrence.
(2) (i) The department may cancel or revoke a
designation provided under this section if either of the
following applies:
(A) The department determines that the
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designation was fraudulently or erroneously elected.
(B) The department determines that the
designation was abused during an encounter with law
enforcement.
(ii) The department shall provide the person with
the designation notice and an opportunity to be heard
before canceling or revoking the designation.
(g) 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:
"Communication impairment." A health condition that may
impede communication with a law enforcement officer during a
traffic stop, including any of the following:
(1) Deafness or hearing loss.
(2) An autism spectrum disorder.
"Emergency contact information." The name, telephone number
or address of an individual that is used for the sole purpose of
contacting the individual when a person that has a communication
impairment has been involved in an emergency.
Section 2. This act shall take effect in 180 days.
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