Trial Engrossment of Amendment A05251 to House Bill 2266 P.N. 3364, Regular Session 2023-2024

A05251

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2266

Session of

2024

INTRODUCED BY TOMLINSON, HOGAN, GUENST, MARCELL, LABS AND

GILLEN, MAY 8, 2024

AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 24, 2024

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

Statutes, in rules of the road in general, further providing

for racing on highways; IN ENFORCEMENT, FURTHER PROVIDING FOR

DISPOSITION OF IMPOUNDED VEHICLES, COMBINATIONS AND LOADS; IN

PENALTIES AND DISPOSITION OF FINES, FURTHER PROVIDING FOR

SUBSEQUENT CONVICTIONS OF CERTAIN OFFENSES; imposing

penalties; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 1532(b)(1), 1542(b)(2), 1553(d)(11),

3367, 6310(B) and 6503(a) and 3367 of Title 75 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 1532. Suspension of operating privilege.

* * *

(b) Suspension.--

(1) The department shall suspend the operating privilege

of any driver for six months upon receiving a certified

record of the driver's conviction of or an adjudication of

delinquency based on any offense under the following

provisions:

Section 3367 (relating to racing on highways and

trafficways).

Section 3714(b) (relating to careless driving).

Section 3734 (relating to driving without lights to

avoid identification or arrest).

Section 3736 (relating to reckless driving).

Section 3743 (relating to accidents involving damage

to attended vehicle or property).

* * *

§ 1542. Revocation of habitual offender's license.

* * *

(b) Offenses enumerated.--Three convictions arising from

separate acts of any one or more of the following offenses

committed by any person shall result in such person being

designated as a habitual offender:

* * *

(2) Any violation of section 3367 (relating to racing on

highways and trafficways).

* * *

§ 1553. Occupational limited license.

* * *

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

issuance of an occupational limited license to:

* * *

(11) Any person whose operating privilege has been

suspended or revoked as the result of a conviction of or as a

result of a court order in conjunction with an adjudication

of delinquency or the granting of a consent decree for any

offense under the following provisions, unless the suspension

or revocation has been fully served:

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Section 3345(a) (relating to meeting or overtaking

school bus).

Section 3367 (relating to racing on highways and

trafficways).

Any violation of Ch. 37 Subch. B (relating to serious

traffic offenses) or C (relating to accidents and

accident reports).

* * *

§ 3367. Racing on highways and trafficways.

(a) Definitions.--As used in this section the following

words and phrases shall have the meanings given to them in this

subsection:

"Drag race." The operation of two or more vehicles from a

point side by side at accelerating speeds in a competitive

attempt to outdistance each other, or the operation of one or

more vehicles over a common selected course, from the same point

to the same point, for the purpose of comparing the relative

speeds or power of acceleration of the vehicle or vehicles

within a certain distance or time limit.

"Drifting." The act of steering a vehicle in a turn in an

attempt to make the rear wheel or wheels of the vehicle lose

traction and create a controlled or uncontrolled skid sideways.

"Race." The use of one or more vehicles in an attempt to

outgain, outdistance or prevent another vehicle from passing, to

arrive at a given destination ahead of another vehicle or

vehicles, or to test the physical stamina or endurance of

drivers over long distance driving routes.

(b) General rule.--No person shall drive a vehicle on a

highway or trafficway in any race, speed competition or contest,

drag race or acceleration contest, test of physical endurance,

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exhibition of speed or acceleration, or for the purpose of

making a speed record, and no person shall in any manner

participate in any such race, competition, contest, test or

exhibition.

(b.1) Drifting.--No person shall engage in the drifting of a

vehicle on a highway or trafficway.

authorities within their jurisdiction may issue permits for

special activities which would otherwise be prohibited by this

section.

(d) [Penalty.--Any person violating this section is guilty

of a summary offense and shall, upon conviction, be sentenced to

pay a fine of $200.] Penalties.--

(1) A person violating subsection (b) commits a summary

offense and shall, upon conviction for a first offense, be

sentenced to pay a fine of $500.

(2) A person violating subsection (b) commits a summary

offense and shall, upon conviction for a second or subsequent

offense, be sentenced to pay a fine of $2,000 NOT MORE THAN

$2,000 OR IMPRISONMENT FOR NOT MORE THAN SIX MONTHS, OR BOTH,

and the vehicle or combination used in the commission of the

offense shall be subject to an impoundment order for up to

six months as follows:

(i) The impoundment of the vehicle or combination

shall occur within the county where the offense was

committed.

(ii) Direct enforcement of the impoundment order

shall be conducted by a police officer, constable or

impoundment official as directed by the judicial

authority. In a city of the first class, second class,

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second class A and third class, the impoundment official

shall be a parking authority of the municipality as

authorized under section 6109 (relating to specific

powers of department and local authorities) and 53

Pa.C.S. Ch. 55 (relating to parking authorities).

(III) UPON ISSUANCE OF AN IMPOUNDMENT ORDER, A

POLICE OFFICER, CONSTABLE OR IMPOUNDMENT OFFICIAL AS

DIRECTED BY THE JUDICIAL AUTHORITY SHALL GIVE IMMEDIATE

NOTICE BY THE MOST EXPEDITIOUS MEANS AND BY CERTIFIED

MAIL, RETURN RECEIPT REQUESTED, OF THE IMPOUNDMENT AND

LOCATION OF THE VEHICLE OR COMBINATION TO THE OWNERS AND

ANY LIENHOLDERS OF THE VEHICLE OR COMBINATION IF THE

NAMES AND ADDRESSES OF THE OWNERS AND ANY LIENHOLDER ARE

KNOWN OR CAN BE ASCERTAINED AFTER A REASONABLE

INVESTIGATION. Except in a city of the first class, the

appropriate law enforcement officer shall give immediate

notice by the most expeditious means and by certified

mail, return receipt requested, of the impoundment and

location of the vehicle or combination to the owners of

the vehicle or combination and any lienholders and, if

applicable, any owners of the load, if the names and

addresses of the owners and lienholders are known or can

be ascertained by investigation. In a city of the first

class, the Philadelphia Parking Authority shall give

immediate notice by first class mail, proof of mailing,

of the impoundment and location of the vehicle or

combination to the owners and lienholders of the vehicle

or combination using reasonably available State

databases.

(iii) (IV) The costs of a police officer, constable

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or impoundment official, appropriate law enforcement

officer or the Philadelphia Parking Authority and all

reasonable storage costs and all other reasonable costs

incident to the impoundment order impounding under

subsections (b) and (c) shall be recoverable in addition

to costs of prosecution.

(iv) The owner (V) THE OWNERS of the vehicle or

combination which has been subject to an impoundment

order may obtain possession of the vehicle or combination

by: UPON THE EXPIRATION OR TERMINATION OF THE IMPOUNDMENT

ORDER AS PROVIDED UNDER THIS SECTION BY:

(A) Furnishing proof of valid registration and

financial responsibility.

(B) Paying all costs and reasonable fees

associated with the impoundment order or making

arrangements with the appropriate judicial authority

to make payments PAYMENT of all costs and reasonable

fees by installments as provided by the Pennsylvania

Rules of Criminal Procedure.

(v) (VI) Any impounded vehicle or combination not

recovered WITHIN 30 DAYS OF THE EXPIRATION OR TERMINATION

OF THE IMPOUNDMENT ORDER under this subsection may be

sold as an unclaimed vehicle under section 6310 (relating

to disposition of impounded vehicles, combinations and

loads).

(VII) A VEHICLE SHALL NOT BE SUBJECT TO AN

IMPOUNDMENT ORDER UNDER THIS SUBSECTION IF:

(A) THE VEHICLE WAS REPORTED TO A POLICE

DEPARTMENT AS STOLEN AND WAS NOT RECOVERED PRIOR TO

THE TIME THE VIOLATION UNDER THIS SECTION OCCURRED.

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(B) THE VEHICLE IS A RENTAL VEHICLE WHICH SHALL

BE IMMEDIATELY RETURNED TO THE ENTITY WHICH ISSUED

THE RENTAL AGREEMENT.

(VIII) AN IMPOUNDMENT ORDER ISSUED UNDER THIS

SUBSECTION SHALL BE IMMEDIATELY TERMINATED BY A COURT OF

COMPETENT JURISDICTION IF THE OWNERS OF THE VEHICLE

SUBMIT EVIDENCE PROVIDING THAT THE OWNERS OF THE VEHICLE

WERE NOT DRIVING AT THE TIME OF THE VIOLATION. THIS

SUBPARAGRAPH SHALL NOT APPLY IF IT IS DETERMINED THAT:

(A) THE OWNERS WERE PRESENT WHEN THE VIOLATION

OCCURRED; OR

(B) THE OWNERS KNOWINGLY GAVE ACTUAL PHYSICAL

CONTROL OF THE MOVEMENT OF THE VEHICLE TO ANOTHER

PERSON AND HAD KNOWLEDGE THAT THE VEHICLE WOULD BE

USED TO COMMIT A VIOLATION UNDER SUBSECTION (B).

(IX) AN IMPOUNDMENT ORDER ISSUED UNDER THIS

SUBSECTION SHALL BE IMMEDIATELY TERMINATED BY A COURT OF

COMPETENT JURISDICTION IF THE CONVICTION UNDER SUBSECTION

(B) IS VACATED, OVERTURNED, DISMISSED OR WITHDRAWN, OR

FOR WHICH AN INDIVIDUAL HAS BEEN PARDONED.

(X) FOR THE PURPOSES OF THIS SUBSECTION, THE LESSEE

OR LESSOR OF A LEASED VEHICLE OR A LIENHOLDER SHALL BE

CONSIDERED THE OWNER OF A VEHICLE.

(3) A person violating subsection (b.1) commits a

summary offense and shall, upon conviction, be sentenced to

pay a fine of $250.

(4) A person that organizes, controls, promotes

KNOWINGLY ORGANIZES, CONTROLS or finances two or more persons

in a course of conduct that violates subsection (b) or (b.1)

commits a summary offense and shall, upon conviction, be

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sentenced to pay a fine of $1,000 per vehicle engaged in the

conduct that violates subsection (b) or (b.1).

(5) A person that organizes, controls, promotes

KNOWINGLY ORGANIZES, CONTROLS or finances two or more persons

in a course of conduct that violates subsection (b) or (b.1)

that results in the SERIOUS BODILY injury or death of an

individual commits a felony of the third degree.

Section 2. Section 6310(b) of Title 75 is amended and the

section is amended by adding a subsection to read:

§ 6310. DISPOSITION OF IMPOUNDED VEHICLES, COMBINATIONS AND

LOADS.

* * *

(B) SALE OF UNCLAIMED VEHICLE OR LOAD.--[IN] Except in a

city of the first class, in CASE ANY IMPOUNDED VEHICLE OR

COMBINATION IS UNREDEEMED, OR THE LOAD IS UNCLAIMED, FOR A

PERIOD OF 60 DAYS AFTER NOTICE OF IMPOUNDMENT IS GIVEN, OR FOR A

PERIOD OF 30 DAYS AFTER THE EXPIRATION or termination OF THE

IMPOUNDMENT ORDER UNDER SECTION 3367 (RELATING TO RACING ON

HIGHWAYS AND TRAFFICWAYS), IT SHALL BE SOLD AT A PUBLIC SALE BY

THE SHERIFF UPON ORDER OF THE ISSUING AUTHORITY AND AFTER TEN

DAYS' NOTICE OF SALE TO THE OWNERS, LIENHOLDERS OR SECURED

PARTIES OF THE VEHICLE OR LOAD EXCEPT THAT, IF THE SHERIFF

DETERMINES IT TO BE NECESSARY TO PRESERVE THEIR VALUE, GOODS

WHICH MAY SPOIL MAY BE SOLD IN ANY COMMERCIALLY REASONABLE

MANNER PRIOR TO EXPIRATION OF THE 60-DAY PERIOD OR PRIOR TO THE

30-DAY PERIOD AFTER THE EXPIRATION or termination OF THE

IMPOUNDMENT ORDER UNDER SECTION 3367 AND, IF IMPRACTICAL TO DO

SO, WITHOUT GIVING NOTICE TO THE OWNERS, LIENHOLDERS OR SECURED

PARTIES.

(b.1) Sale of unclaimed vehicle or load in cities of the

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first class.--In case any impounded vehicle or combination is

unredeemed, or the load is unclaimed, for a period of 15 days

after notice of impoundment is given or for a period of 30 days

after the expiration or termination of the impoundment order

under section 3367, it shall be sold at a public sale by the

Philadelphia Parking Authority upon order of the issuing

authority and after 10 days' notice of the sale to the owners,

lienholders or secured parties of the vehicle or load except

that, if the Philadelphia Parking Authority determines it

necessary to preserve their value, goods which may spoil may be

sold in any commercially reasonable manner prior to expiration

of the 15-day period or prior to the 30-day period after the

expiration or termination of the impoundment order under section

3367 and, if impractical to do so, without giving notice to the

owners, lienholders or secured parties.

* * *

Section 3. Section 6503(a) of Title 75 is amended to read:

§ 6503. Subsequent convictions of certain offenses.

(a) General offenses.--Every person convicted of a second or

subsequent violation of any of the following provisions shall be

sentenced to pay a fine of not less than $200 nor more than

$1,000 or to imprisonment for not more than six months, or both:

Section 1543(a) (relating to driving while operating

privilege is suspended or revoked) except as set forth in

subsection (a.1).

[Section 3367 (relating to racing on highways and

trafficways).]

Section 3734 (relating to driving without lights to avoid

identification or arrest).

Section 3748 (relating to false reports).

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* * *

Section 2 4. This act shall take effect in 60 days 11

MONTHS.

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