Bill Text: PA SB1251 | 2009-2010 | Regular Session | Introduced

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Bill Title: Establishing an amnesty program for traffic violations in cities of the first class.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-07-01 - Re-referred to APPROPRIATIONS [SB1251 Detail]

Download: Pennsylvania-2009-SB1251-Introduced.html

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PRINTER'S NO. 1708
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1251 Session of2010
INTRODUCED BY STACK, FEBRUARY 26, 2010
REFERRED TO TRANSPORTATION, FEBRUARY 26, 2010
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, establishing an amnesty program for traffic
violations in cities of the first class.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 15 of Title 75 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER E
AMNESTY PROGRAM IN CITIES OF THE FIRST CLASS
Sec.
1591. Definitions.
1592. Amnesty program.
1593. Program requirements.
1594. Duties of department.
1595. Contingency required.
1596. Regulations and report.
1597. Method of payment.
1598. Use of revenue.
1599. Proceedings relating to amnesty violations barred.
§ 1591. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Amnesty period." The time period of 90 consecutive days
established by the Traffic Court of Philadelphia under section
1592(b) (relating to amnesty program).
"Amnesty program." The amnesty program established in
section 1592(a) (relating to amnesty program).
"Court." The Traffic Court of Philadelphia.
"Ineligible violation." The following:
(1) Any violation of Chapter 38 (relating to driving
after imbibing alcohol or utilizing drugs) or former section
3731.
(2) Any violation of section 3732 (relating to homicide
by vehicle).
(3) Any violation of section 3735 (relating to homicide
by vehicle while driving under influence).
(4) Any violation of section 3735.1 (relating to
aggravated assault by vehicle while driving under the
influence).
(5) Any violation of section 3742 (relating to accidents
involving death or personal injury).
(6) Any violation of section 3742.1 (relating to
accidents involving death or personal injury while not
properly licensed).
(7) Any violation of section 3743 (relating to accidents
involving damage to attended vehicle or property).
(8) Any violation of section 3745 (relating to accidents
involving damage to unattended vehicle or property).
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(9) Any violation of this title punishable by an
automatic suspension of operating privileges, including any
automatic suspension imposed under Subchapter B (relating to
comprehensive system for driver education and control).
(10) Any suspension imposed as a result of a violation
of this title that resulted in serious bodily harm or death
to another individual.
(11) Any violation of this title for which the
department has imposed a disqualification under section 1611
(relating to disqualification).
§ 1592. Amnesty program.
(a) Establishment.--There is established in cities of the
first class an amnesty program which shall be administered by
the court in cooperation with the department. The program shall
provide individuals who have had their operating privileges
suspended based on certain violations of this title with the
opportunity to have their operating privileges reinstated or the
length of the suspension reduced upon payment of any delinquent
fines, fees and penalties.
(b) Period.--The amnesty period established by the court
shall begin no earlier than six months following the effective
date of this section and shall be available to an individual who
meets all of the following:
(1) Was convicted of a violation of this title, other
than an ineligible violation, by the court prior to the
effective date of this section.
(2) Is delinquent in fines imposed by the court based on
the conviction.
(3) Whose operating privilege is currently suspended by
the department due to a violation of this title for which the
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individual was convicted by the court.
(c) Prohibitions.--The following shall apply:
(1) The court shall be prohibited from granting amnesty
for an ineligible violation.
(2) An individual shall be prohibited from filing an
amnesty request for convictions for violations committed
after the effective date of this subchapter.
§ 1593. Program requirements.
(a) Form.--All individuals who seek to participate in the
program shall file with the court an amnesty request in the form
and manner and containing information as the court shall
require.
(b) Duties.--If amnesty is granted, the individual granted
amnesty shall do all of the following:
(1) Immediately make payment of all fines, including any
surcharges, penalties and costs, due or enter into an
agreement with the court to make installment payments for the
total amount of money owed.
(2) If ordered by the court, attend an approved driver
improvement school and undergo an examination as provided
under section 1508 (relating to examination of applicant for
driver's license). The department shall not reinstate the
operating privilege of an individual until the individual
attends and satisfactorily completes the requirements of
driver improvement school and passes the examination.
(c) Fee.--Notwithstanding section 1960 (relating to
reinstatement of operating privilege or vehicle registration),
an individual granted amnesty who has his license reinstated
shall pay a $100 fee to the department to restore the
individual's operating privilege and provide the department with
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proof of financial responsibility as required under section 1783
(relating to proof of financial responsibility before restoring
operating privilege or registration).
§ 1594. Duties of department.
(a) List.--No later than 90 days after the effective date of
this section, the court shall provide the department with a list
of all individuals who are delinquent in paying fines imposed by
the court for violations of this title. The department shall
identify all individuals on the list who have had their
operating privileges suspended by the department and shall
notify those individuals in writing of the existence of the
amnesty program. Written notice shall be sent to the
individual's last known address. The sole purpose of the letter
sent by the department shall be notification of the existence of
the program.
(b) Removal.--Upon notice by the court that the court has
granted an individual amnesty under this subchapter, the
department shall immediately remove from the person's driving
record all points imposed under section 1535 (relating to
schedule of convictions and points) based on the conviction for
which amnesty was granted. If the removal of points reduces the
number of points on the person's driver's record to a number
below the amount for which suspension is required under section
1539 (relating to suspension of operating privilege upon
accumulation of points), the department shall immediately
reinstate the operating privilege upon the individual's
compliance with section 1593(b) and (c) (relating to program
requirements).
(c) Reinstatement.--The department shall not be required to
reinstate the operating privileges of an individual granted
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amnesty under this subchapter if the department is authorized
under this title to suspend the operating privileges of the
individual for other violations of this title which occurred
outside the jurisdiction of the court or for which amnesty was
not granted.
(d) Compliance.--The department shall not be required to
reinstate the operating privileges of an individual granted
amnesty under this subchapter until the individual has complied
with section 1593(b) and (c).
(e) Procedure.--The department shall establish a procedure
to reinstate an individual's operating privileges immediately
upon a grant of amnesty by the court and the individual's
compliance with this subchapter.
§ 1595. Contingency required.
Notwithstanding any other provision of law, the court may
direct the department to reinstate the suspension of operating
privileges if the individual granted amnesty under this
subchapter becomes delinquent for two consecutive months in the
payment of fines, fees and penalties due or violates the terms
of any payment schedule previously approved by the court.
§ 1596. Regulations and report.
(a) Promulgation.--The department, in consultation with the
court, shall promulgate regulations to implement the provisions
of this subchapter. The regulations shall be submitted for
publication in the Pennsylvania Bulletin within 90 days of the
effective date of this section and shall contain the following
information:
(1) An explanation of the program and the requirements
for eligibility for the program.
(2) A list of offenses for which amnesty may be granted
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by the court.
(3) The dates during which an amnesty application may be
filed and the manner for filing the application.
(4) A specimen copy of the amnesty application.
(b) Report.--The court and the department shall issue a
joint report to the General Assembly within six months after the
end of the amnesty period detailing the implementation of the
program. The report shall contain the following information:
(1) The number of amnesty requests filed with the court
and the number granted.
(2) A numeric summary of the violations for which
amnesty was granted.
(3) The total dollar amount of revenue collected through
the program and remitted to the Commonwealth and a city of
the first class.
(4) A detailed breakdown of the department's and court's
administrative costs in implementing the program.
§ 1597. Method of payment.
All payments under the amnesty program shall be made by
credit card, debit card, electronic funds transfer, certified
check, money order, cash or its equivalent.
§ 1598. Use of revenue.
All revenue received by the court pursuant to the amnesty
program shall be distributed in accordance with law.
§ 1599. Proceedings relating to amnesty violations barred.
Participation in the program is conditioned upon the
individual's agreement that the right to protest or pursue an
administrative or judicial proceeding against the department
with regard to violations listed on the amnesty request is
barred.
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Section 2. This act shall take effect in 60 days.
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