PRIOR PRINTER'S NO. 1367 PRINTER'S NO. 1772
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1049
Session of
2022
INTRODUCED BY STEFANO, COSTA, BARTOLOTTA, KEARNEY, COLLETT,
SCHWANK, TARTAGLIONE, YUDICHAK, KANE, COMITTA AND
CAPPELLETTI, FEBRUARY 3, 2022
SENATOR LANGERHOLC, TRANSPORTATION, AS AMENDED, JUNE 15, 2022
AN ACT
1 Amending Title TITLES 42 (JUDICIARY AND JUDICIAL PROCEDURE) AND <--
2 75 (Vehicles) of the Pennsylvania Consolidated Statutes, IN <--
3 MAGISTERIAL DISTRICT JUDGES, FURTHER PROVIDING FOR
4 ADJUDICATION ALTERNATIVE PROGRAM; in licensing of drivers,
5 further providing for drivers required to be licensed, for
6 suspension of operating privilege, for suspension of
7 operating privilege for failure to respond to citation and
8 for driving while operating privilege is suspended or
9 revoked, establishing the Relief from Administrative <--
10 Suspension Program and providing for Relief from
11 Administrative Suspension Program participation requirements;
12 PROVIDING FOR DRIVING WHILE OPERATING PRIVILEGE IS SUSPENDED <--
13 FOR CERTAIN OTHER OFFENSES, FOR RELIEF FROM ADMINISTRATIVE
14 SUSPENSION AND FOR RELIEF FROM ADMINISTRATIVE SUSPENSION
15 PARTICIPATION REQUIREMENTS; in fees, further providing for
16 reinstatement of operating privilege or vehicle registration;
17 and, in penalties and disposition of fines, further providing
18 for inability to pay fine and costs.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. Section 1501(d) of Title 75 of the Pennsylvania <--
22 Consolidated Statutes is amended and the section is amended by
23 adding a subsection to read:
24 SECTION 1. SECTION 1520 OF TITLE 42 OF THE PENNSYLVANIA <--
25 CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBSECTION TO READ:
 1 § 1520. ADJUDICATION ALTERNATIVE PROGRAM.
2 * * *
3 (E.1) ALTERNATIVE TO TITLE 75 SANCTIONS.---NOTWITHSTANDING
4 THE PROVISIONS OF SUBSECTION (A), A PERSON WHOSE OPERATING
5 PRIVILEGE HAS BEEN SUSPENDED UNDER 75 PA.C.S. § 1533(A)
6 (RELATING TO SUSPENSION OF OPERATING PRIVILEGE FOR FAILURE TO
7 RESPOND TO CITATION), WHO HAS BEEN CONVICTED OF VIOLATING 75
8 PA.C.S. § 1543.1(A) (RELATING TO DRIVING WHILE OPERATING
9 PRIVILEGE IS SUSPENDED FOR CERTAIN OTHER OFFENSES) OR WHO IS
10 ELIGIBLE FOR RELIEF UNDER 75 PA.C.S. § 1557 (RELATING TO RELIEF
11 FROM ADMINISTRATIVE SUSPENSION) MAY BE PLACED BY THE
12 MAGISTERIAL DISTRICT JUDGE IN AN APPROPRIATE PROGRAM UNDER
13 SUBSECTION (B) IN ACCORDANCE WITH 75 PA.C.S. §§ 1533(D)(1)(III),
14 1543.1(A)(2)(II) OR 1558(B)(2)(II) (RELATING TO RELIEF FROM
15 ADMINISTRATIVE SUSPENSION PARTICIPATION REQUIREMENTS). THE
16 PLACEMENT OF A PERSON UNDER THIS SUBSECTION IN AN APPROPRIATE
17 PROGRAM UNDER SUBSECTION (B) AS AUTHORIZED BY THE MAGISTERIAL
18 DISTRICT JUDGE SHALL BE DONE IN ACCORDANCE WITH SUBSECTION (C),
19 EXCEPT THE MAGISTERIAL DISTRICT JUDGE MAY NOT ALTER THE
20 CONVICTION FOR A VIOLATION OF 75 PA.C.S. § 1543.1(A) OR RELIEVE
21 THE PERSON OF THE OBLIGATION TO PAY A FINE ASSOCIATED WITH THE
22 CONVICTION UPON SUCCESSFUL COMPLETION OF THE PROGRAM UNDER
23 SUBSECTION (B).
24 SECTION 2. SECTION 1501(D) OF TITLE 75 IS AMENDED AND THE
25 SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:
26 § 1501. Drivers required to be licensed.
27 * * *
28 (d) Penalty.--[Any] Except as provided under subsection (e),
29 any person violating subsection (a) is guilty of a summary
30 offense and shall, upon conviction, be sentenced to pay a fine
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 1 of $200, except that, if the person charged furnishes
2 satisfactory proof of having held a driver's license valid on
3 the last day of the preceding driver's license period and no
4 more than one year has elapsed from the last date for renewal,
5 the fine shall be $25. No person charged with violating
6 subsection (a) or (b) shall be convicted if the person produces
7 at the office of the issuing authority within 15 days of the
8 violation:
9 (1) a driver's license valid in this Commonwealth at the
10 time of the violation; or
11 (2) if the driver's license is lost, stolen, destroyed
12 or illegible, evidence that the driver was licensed at the
13 time of the violation.
14 (e) Alternative penalty.--A person who violates this section
15 may, upon conviction, be sentenced to pay the fine imposed under
16 section 1543(b.1) (relating to driving while operating privilege <--
17 is suspended or revoked). 1543.1(A) (RELATING TO DRIVING WHILE <--
18 OPERATING PRIVILEGE IS SUSPENDED FOR CERTAIN OTHER OFFENSES)
19 AND, IF APPLICABLE, SUCCESSFULLY COMPLETE A PROGRAM OF COMMUNITY
20 SERVICE AS SPECIFIED UNDER SECTION 1543.1(A)(2)(II).
21 Section 2 3. Sections 1532(b)(2) and, 1533(a), (c) and (d) <--
22 AND 1543(C) of Title 75 are amended to read: <--
23 § 1532. Suspension of operating privilege.
24 * * *
25 (b) Suspension.--
26 * * *
27 (2) The department shall suspend the operating privilege
28 of any driver for six months upon receiving a certified
29 record of the driver's conviction of a subsequent offense
30 under section 1501(a) (relating to drivers required to be
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 1 licensed) if the prior offense occurred within five years of
2 the violation date of the subsequent offense[.], unless, in
3 accordance with 42 Pa.C.S. § 1520 (relating to adjudication
4 alternative program), the driver enters a program of
5 community service as approved by the issuing authority or
6 court in lieu of the suspension under this paragraph. The
7 department shall impose the suspension of the operating
8 privilege of the driver if the driver fails to complete a
9 program of community service as ordered by the issuing
10 authority or court and, if applicable, order REQUIRE the <--
11 driver to pay the fee specified under section 1960 (relating
12 to reinstatement of operating privilege or vehicle
13 registration).
14 * * *
15 § 1533. Suspension of operating privilege for failure to
16 respond to citation.
17 (a) Violations within Commonwealth.--The department shall
18 suspend the operating privilege of any person who [has failed to
19 respond to a citation or summons to appear before an issuing
20 authority or a court of competent jurisdiction of this
21 Commonwealth for any violation of this title, other than
22 parking, or who has failed to pay any fine, costs or restitution
23 imposed by an issuing authority or such courts for violation of
24 this title, other than parking, upon being duly notified by an
25 issuing authority or a court of this Commonwealth.], upon being
26 duly notified by an issuing authority or a court of competent
27 jurisdiction of this Commonwealth, has failed to take any of the
28 following actions:
29 (1) Respond to a citation or summons to appear before
30 the issuing authority or court for a violation of this title,
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 1 other than parking.
2 (2) Pay any fine, costs or restitution imposed by the
3 issuing authority or court for a violation of this title,
4 other than parking.
5 (3) Successfully complete a program of community service
6 as specified under subsection (d)(1)(iii).
7 * * *
8 (c) Time for responding to notice.--At least 15 days before
9 an issuing authority or court notifies the department to impose
10 a suspension pursuant to subsection (a), the issuing authority
11 or court shall notify the person in writing of the requirement
12 to respond to the citation and pay all fines, restitution and
13 penalties imposed by the issuing authority or court. The notice
14 shall include information regarding all of the following:
15 (1) The ability to pay all fines, restitution and
16 penalties by installment payments.
17 (2) The ability to enter and complete a community
18 service requirement in lieu of payment of all fines,
19 restitution and penalties.
20 (d) Period of suspension.--The suspension shall continue
21 until such person shall [respond to the citation, summons or
22 writ, as the case may be, and pay all fines, restitution and
23 penalties imposed or enter into an agreement to make installment
24 payments for the fines, restitution and penalties imposed
25 provided that the suspension may be reimposed by the department
26 if the defendant fails to make regular installment payments and,
27 if applicable, pay the fee prescribed in section 1960 (relating
28 to reinstatement of operating privilege or vehicle
29 registration).] take all of the following actions:
30 (1) Respond to the citation, summons or writing and
20220SB1049PN1772 - 5 -
 1 comply with any of the following requirements:
2 (i) Pay all fines, restitution and penalties imposed
3 by the issuing authority or court.
4 (ii) Enter into an agreement to make installment
5 payments for all fines, restitution and penalties imposed
6 by the issuing authority or court. The department may
7 reimpose the suspension if the defendant fails to make
8 regular installment payments.
9 (iii) In accordance with 42 Pa.C.S. § 1520 (relating
10 to adjudication alternative program), enter into a
11 program of community service approved by the issuing
12 authority or court in lieu of complying with the
13 requirements under subparagraph (i) or (ii). The
14 department may reimpose the suspension if the defendant
15 fails to complete a program of community service as
16 ordered by the issuing authority or court.
17 (2) If applicable, pay the fee specified under section
18 1960 (relating to reinstatement of operating privilege or
19 vehicle registration).
20 * * *
21 Section 3. Section 1543(a) and (b) of Title 75 are amended <--
22 and the section is amended by adding a subsection to read:
23 § 1543. Driving while operating privilege is suspended or
24 revoked.
25 (a) Offense defined.--Except as provided in subsection (b) <--
26 or (b.1), any person who drives a motor vehicle on any highway
27 or trafficway of this Commonwealth after the commencement of a
28 suspension, revocation or cancellation of the operating
29 privilege and before the operating privilege has been restored
30 is guilty of a summary offense and shall, upon conviction or
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 1 adjudication of delinquency, be sentenced to pay a fine of $200.
2 (b) Certain offenses.--
3 (1) The following shall apply:
4 (i) A person who drives a motor vehicle on a highway
5 or trafficway of this Commonwealth at a time when the
6 person's operating privilege is suspended or revoked as a
7 condition of acceptance of Accelerated Rehabilitative
8 Disposition for a violation of section 3802 (relating to
9 driving under influence of alcohol or controlled
10 substance) or the former section 3731, because of a
11 violation of section 1547(b)(1) (relating to suspension
12 for refusal) or 3802 or former section 3731 or is
13 suspended under section 1581 (relating to Driver's
14 License Compact) for an offense substantially similar to
15 a violation of section 3802 or former section 3731 shall,
16 upon a first conviction, be guilty of a summary offense
17 and shall be sentenced to pay a fine of $500 and to
18 undergo imprisonment for a period of not less than 60
19 days nor more than 90 days.
20 (ii) A second violation of this paragraph shall
21 constitute a summary offense and, upon conviction of this
22 paragraph, a person shall be sentenced to pay a fine of
23 $1,000 and to undergo imprisonment for not less than 90
24 days.
25 (iii) A third or subsequent violation of this
26 paragraph shall constitute a misdemeanor of the third
27 degree and, upon conviction of this paragraph, a person
28 shall be sentenced to pay a fine of $2,500 and to undergo
29 imprisonment for not less than six months.
30 (1.1) (i) A person who has an amount of alcohol by
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 1 weight in his blood that is equal to or greater than .02%
2 at the time of testing or who at the time of testing has
3 in his blood any amount of a Schedule I or nonprescribed
4 Schedule II or III controlled substance, as defined in
5 the act of April 14, 1972 (P.L.233, No.64), known as The
6 Controlled Substance, Drug, Device and Cosmetic Act, or
7 its metabolite or who refuses testing of blood or breath
8 and who drives a motor vehicle on any highway or
9 trafficway of this Commonwealth at a time when the
10 person's operating privilege is suspended or revoked as a
11 condition of acceptance of Accelerated Rehabilitative
12 Disposition for a violation of section 3802 or former
13 section 3731 or because of a violation of section 1547(b)
14 (1) or 3802 or former section 3731 or is suspended under
15 section 1581 for an offense substantially similar to a
16 violation of section 3802 or former section 3731 shall,
17 upon a first conviction, be guilty of a summary offense
18 and shall be sentenced to pay a fine of $1,000 and to
19 undergo imprisonment for a period of not less than 90
20 days.
21 (ii) A second violation of this paragraph shall
22 constitute a misdemeanor of the third degree, and upon
23 conviction thereof the person shall be sentenced to pay a
24 fine of $2,500 and to undergo imprisonment for not less
25 than six months.
26 (iii) A third or subsequent violation of this
27 paragraph shall constitute a misdemeanor of the first
28 degree, and upon conviction thereof the person shall be
29 sentenced to pay a fine of $5,000 and to undergo
30 imprisonment for not less than two years.
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 1 (1.2) Except as provided under subsection (a) or
2 paragraph (1) or (1.1), a person who drives a motor vehicle
3 on any highway or trafficway of this Commonwealth at a time
4 when the person's operating privilege is suspended or revoked
5 due to a violation under section 1532(b)(2) (relating to
6 suspension of operating privilege) or 1533 (relating to
7 suspension of operating privilege for failure to respond to
8 citation) and the underlying offense for the suspension is a
9 violation of section 1501(a) (relating to drivers required to
10 be licensed) shall, upon conviction, be sentenced to a pay a
11 fine of $50. The court or issuing authority may not order or
12 assign an additional period of suspension or points for the
13 violation.
14 (2) This subsection shall apply to any person against
15 whom one of these suspensions has been imposed whether the
16 person is currently serving this suspension or whether the
17 effective date of suspension has been deferred under any of
18 the provisions of section 1544 (relating to additional period
19 of revocation or suspension). This provision shall also apply
20 until the person has had the operating privilege restored.
21 This subsection shall also apply to any revocation imposed
22 pursuant to section 1542 (relating to revocation of habitual
23 offender's license) if any of the enumerated offenses was for
24 a violation of section 3802 or former section 3731 or for an
25 out-of-State offense that is substantially similar to a
26 violation of section 3802 or former section 3731, for which a
27 revocation is imposed under section 1581.
28 (b.1) Other offenses.--A person who drives a motor vehicle
29 on any highway or trafficway of this Commonwealth after the
30 commencement of a suspension of the person's operating privilege
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 1 under section 1532(b)(2) and no other violation and before the
2 operating privilege has been restored is guilty of a summary
3 offense and shall, upon conviction or adjudication of
4 delinquency, be required to do any of the following:
5 (1) Pay a fine of $200 or enter into an agreement to
6 make installment payments for the fine imposed by the issuing
7 authority or court.
8 (2) In accordance with 42 Pa.C.S. § 1520 (relating to
9 adjudication alternative program), enter into a program of
10 community service as approved by the issuing authority or
11 court in lieu of satisfying the requirements under paragraph
12 (1).
13 * * *
14 (C) SUSPENSION OR REVOCAT