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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY STACK, FEBRUARY 26, 2010 |
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| REFERRED TO TRANSPORTATION, FEBRUARY 26, 2010 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, establishing an amnesty program for traffic |
3 | violations in cities of the first class. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Chapter 15 of Title 75 of the Pennsylvania |
7 | Consolidated Statutes is amended by adding a subchapter to read: |
8 | SUBCHAPTER E |
9 | AMNESTY PROGRAM IN CITIES OF THE FIRST CLASS |
10 | Sec. |
11 | 1591. Definitions. |
12 | 1592. Amnesty program. |
13 | 1593. Program requirements. |
14 | 1594. Duties of department. |
15 | 1595. Contingency required. |
16 | 1596. Regulations and report. |
17 | 1597. Method of payment. |
18 | 1598. Use of revenue. |
19 | 1599. Proceedings relating to amnesty violations barred. |
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1 | § 1591. Definitions. |
2 | The following words and phrases when used in this subchapter |
3 | shall have the meanings given to them in this section unless the |
4 | context clearly indicates otherwise: |
5 | "Amnesty period." The time period of 90 consecutive days |
6 | established by the Traffic Court of Philadelphia under section |
7 | 1592(b) (relating to amnesty program). |
8 | "Amnesty program." The amnesty program established in |
9 | section 1592(a) (relating to amnesty program). |
10 | "Court." The Traffic Court of Philadelphia. |
11 | "Ineligible violation." The following: |
12 | (1) Any violation of Chapter 38 (relating to driving |
13 | after imbibing alcohol or utilizing drugs) or former section |
14 | 3731. |
15 | (2) Any violation of section 3732 (relating to homicide |
16 | by vehicle). |
17 | (3) Any violation of section 3735 (relating to homicide |
18 | by vehicle while driving under influence). |
19 | (4) Any violation of section 3735.1 (relating to |
20 | aggravated assault by vehicle while driving under the |
21 | influence). |
22 | (5) Any violation of section 3742 (relating to accidents |
23 | involving death or personal injury). |
24 | (6) Any violation of section 3742.1 (relating to |
25 | accidents involving death or personal injury while not |
26 | properly licensed). |
27 | (7) Any violation of section 3743 (relating to accidents |
28 | involving damage to attended vehicle or property). |
29 | (8) Any violation of section 3745 (relating to accidents |
30 | involving damage to unattended vehicle or property). |
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1 | (9) Any violation of this title punishable by an |
2 | automatic suspension of operating privileges, including any |
3 | automatic suspension imposed under Subchapter B (relating to |
4 | comprehensive system for driver education and control). |
5 | (10) Any suspension imposed as a result of a violation |
6 | of this title that resulted in serious bodily harm or death |
7 | to another individual. |
8 | (11) Any violation of this title for which the |
9 | department has imposed a disqualification under section 1611 |
10 | (relating to disqualification). |
11 | § 1592. Amnesty program. |
12 | (a) Establishment.--There is established in cities of the |
13 | first class an amnesty program which shall be administered by |
14 | the court in cooperation with the department. The program shall |
15 | provide individuals who have had their operating privileges |
16 | suspended based on certain violations of this title with the |
17 | opportunity to have their operating privileges reinstated or the |
18 | length of the suspension reduced upon payment of any delinquent |
19 | fines, fees and penalties. |
20 | (b) Period.--The amnesty period established by the court |
21 | shall begin no earlier than six months following the effective |
22 | date of this section and shall be available to an individual who |
23 | meets all of the following: |
24 | (1) Was convicted of a violation of this title, other |
25 | than an ineligible violation, by the court prior to the |
26 | effective date of this section. |
27 | (2) Is delinquent in fines imposed by the court based on |
28 | the conviction. |
29 | (3) Whose operating privilege is currently suspended by |
30 | the department due to a violation of this title for which the |
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1 | individual was convicted by the court. |
2 | (c) Prohibitions.--The following shall apply: |
3 | (1) The court shall be prohibited from granting amnesty |
4 | for an ineligible violation. |
5 | (2) An individual shall be prohibited from filing an |
6 | amnesty request for convictions for violations committed |
7 | after the effective date of this subchapter. |
8 | § 1593. Program requirements. |
9 | (a) Form.--All individuals who seek to participate in the |
10 | program shall file with the court an amnesty request in the form |
11 | and manner and containing information as the court shall |
12 | require. |
13 | (b) Duties.--If amnesty is granted, the individual granted |
14 | amnesty shall do all of the following: |
15 | (1) Immediately make payment of all fines, including any |
16 | surcharges, penalties and costs, due or enter into an |
17 | agreement with the court to make installment payments for the |
18 | total amount of money owed. |
19 | (2) If ordered by the court, attend an approved driver |
20 | improvement school and undergo an examination as provided |
21 | under section 1508 (relating to examination of applicant for |
22 | driver's license). The department shall not reinstate the |
23 | operating privilege of an individual until the individual |
24 | attends and satisfactorily completes the requirements of |
25 | driver improvement school and passes the examination. |
26 | (c) Fee.--Notwithstanding section 1960 (relating to |
27 | reinstatement of operating privilege or vehicle registration), |
28 | an individual granted amnesty who has his license reinstated |
29 | shall pay a $100 fee to the department to restore the |
30 | individual's operating privilege and provide the department with |
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1 | proof of financial responsibility as required under section 1783 |
2 | (relating to proof of financial responsibility before restoring |
3 | operating privilege or registration). |
4 | § 1594. Duties of department. |
5 | (a) List.--No later than 90 days after the effective date of |
6 | this section, the court shall provide the department with a list |
7 | of all individuals who are delinquent in paying fines imposed by |
8 | the court for violations of this title. The department shall |
9 | identify all individuals on the list who have had their |
10 | operating privileges suspended by the department and shall |
11 | notify those individuals in writing of the existence of the |
12 | amnesty program. Written notice shall be sent to the |
13 | individual's last known address. The sole purpose of the letter |
14 | sent by the department shall be notification of the existence of |
15 | the program. |
16 | (b) Removal.--Upon notice by the court that the court has |
17 | granted an individual amnesty under this subchapter, the |
18 | department shall immediately remove from the person's driving |
19 | record all points imposed under section 1535 (relating to |
20 | schedule of convictions and points) based on the conviction for |
21 | which amnesty was granted. If the removal of points reduces the |
22 | number of points on the person's driver's record to a number |
23 | below the amount for which suspension is required under section |
24 | 1539 (relating to suspension of operating privilege upon |
25 | accumulation of points), the department shall immediately |
26 | reinstate the operating privilege upon the individual's |
27 | compliance with section 1593(b) and (c) (relating to program |
28 | requirements). |
29 | (c) Reinstatement.--The department shall not be required to |
30 | reinstate the operating privileges of an individual granted |
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1 | amnesty under this subchapter if the department is authorized |
2 | under this title to suspend the operating privileges of the |
3 | individual for other violations of this title which occurred |
4 | outside the jurisdiction of the court or for which amnesty was |
5 | not granted. |
6 | (d) Compliance.--The department shall not be required to |
7 | reinstate the operating privileges of an individual granted |
8 | amnesty under this subchapter until the individual has complied |
9 | with section 1593(b) and (c). |
10 | (e) Procedure.--The department shall establish a procedure |
11 | to reinstate an individual's operating privileges immediately |
12 | upon a grant of amnesty by the court and the individual's |
13 | compliance with this subchapter. |
14 | § 1595. Contingency required. |
15 | Notwithstanding any other provision of law, the court may |
16 | direct the department to reinstate the suspension of operating |
17 | privileges if the individual granted amnesty under this |
18 | subchapter becomes delinquent for two consecutive months in the |
19 | payment of fines, fees and penalties due or violates the terms |
20 | of any payment schedule previously approved by the court. |
21 | § 1596. Regulations and report. |
22 | (a) Promulgation.--The department, in consultation with the |
23 | court, shall promulgate regulations to implement the provisions |
24 | of this subchapter. The regulations shall be submitted for |
25 | publication in the Pennsylvania Bulletin within 90 days of the |
26 | effective date of this section and shall contain the following |
27 | information: |
28 | (1) An explanation of the program and the requirements |
29 | for eligibility for the program. |
30 | (2) A list of offenses for which amnesty may be granted |
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1 | by the court. |
2 | (3) The dates during which an amnesty application may be |
3 | filed and the manner for filing the application. |
4 | (4) A specimen copy of the amnesty application. |
5 | (b) Report.--The court and the department shall issue a |
6 | joint report to the General Assembly within six months after the |
7 | end of the amnesty period detailing the implementation of the |
8 | program. The report shall contain the following information: |
9 | (1) The number of amnesty requests filed with the court |
10 | and the number granted. |
11 | (2) A numeric summary of the violations for which |
12 | amnesty was granted. |
13 | (3) The total dollar amount of revenue collected through |
14 | the program and remitted to the Commonwealth and a city of |
15 | the first class. |
16 | (4) A detailed breakdown of the department's and court's |
17 | administrative costs in implementing the program. |
18 | § 1597. Method of payment. |
19 | All payments under the amnesty program shall be made by |
20 | credit card, debit card, electronic funds transfer, certified |
21 | check, money order, cash or its equivalent. |
22 | § 1598. Use of revenue. |
23 | All revenue received by the court pursuant to the amnesty |
24 | program shall be distributed in accordance with law. |
25 | § 1599. Proceedings relating to amnesty violations barred. |
26 | Participation in the program is conditioned upon the |
27 | individual's agreement that the right to protest or pursue an |
28 | administrative or judicial proceeding against the department |
29 | with regard to violations listed on the amnesty request is |
30 | barred. |
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1 | Section 2. This act shall take effect in 60 days. |
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