HOUSE AMENDED
PRIOR PRINTER'S NOS. 1476, 1781, 1941 PRINTER'S NO. 1945
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1118
Session of
2024
INTRODUCED BY STEFANO, COSTA, FLYNN, COMITTA, CAPPELLETTI,
DILLON, KEARNEY AND A. WILLIAMS, APRIL 2, 2024
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 8, 2024
AN ACT
1 Amending Titles 42 (Judiciary and Judicial Procedure) and 75
2 (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, providing for driving while operating privilege is
10 suspended for certain other offenses, for relief from
11 administrative suspension and for relief from administrative
12 suspension participation requirements; in fees, further
13 providing for reinstatement of operating privilege or vehicle
14 registration; and, in penalties and disposition of fines,
15 further providing for inability to pay fine and costs.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Section 1520 of Title 42 of the Pennsylvania <--
19 Consolidated Statutes is amended by adding a subsection to read:
20 § 1520. Adjudication alternative program.
21 * * *
22 (e.1) Alternative to Title 75 sanctions.--
23 (1) Notwithstanding the provisions of subsection (a), a
 1 person whose operating privilege has been suspended under 75
2 Pa.C.S. § 1533(a) (relating to suspension of operating
3 privilege for failure to respond to citation), who has been
4 convicted of violating 75 Pa.C.S. § 1543.1(a) (relating to
5 driving while operating privilege is suspended for certain
6 other offenses) or who is eligible for relief under 75
7 Pa.C.S. § 1557 (relating to relief from administrative
8 suspension) may be placed by the magisterial district judge
9 in an appropriate program under subsection (b) in accordance
10 with 75 Pa.C.S. § 1533(d)(1)(iii), 1543.1(a)(2)(ii) or
11 1558(b)(2)(ii) (relating to relief from administrative
12 suspension participation requirements).
13 (2) The placement of a person under this subsection in
14 an appropriate program under subsection (b) as authorized by
15 the magisterial district judge shall be done in accordance
16 with subsection (c), except that the magisterial district
17 judge may not:
18 (i) alter the conviction for a violation of 75
19 Pa.C.S. § 1543.1(a);
20 (ii) relieve the person of the obligation to pay a
21 fine associated with the conviction upon successful
22 completion of the program under subsection (b); or
23 (iii) waive or reduce costs imposed under section
24 1101 of the act of November 24, 1998 (P.L.882, No.111),
25 known as the Crime Victims Act.
26 * * *
27 Section 2. Section 1501(d) of Title 75 is amended and the
28 section is amended by adding a subsection to read:
29 § 1501. Drivers required to be licensed.
30 * * *
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 1 (d) Penalty.--[Any] Except as provided under subsection (e),
2 any person violating subsection (a) is guilty of a summary
3 offense and shall, upon conviction, be sentenced to pay a fine
4 of $200, except that, if the person charged furnishes
5 satisfactory proof of having held a driver's license valid on
6 the last day of the preceding driver's license period and no
7 more than one year has elapsed from the last date for renewal,
8 the fine shall be $25. No person charged with violating
9 subsection (a) or (b) shall be convicted if the person produces
10 at the office of the issuing authority within 15 days of the
11 violation:
12 (1) a driver's license valid in this Commonwealth at the
13 time of the violation; or
14 (2) if the driver's license is lost, stolen, destroyed
15 or illegible, evidence that the driver was licensed at the
16 time of the violation.
17 (e) Alternative penalty.--A person who violates this section
18 may, upon conviction, be sentenced to pay the fine imposed under
19 section 1543.1(a) (relating to driving while operating privilege
20 is suspended for certain other offenses) and, if applicable,
21 successfully complete a program of community service as
22 specified under section 1543.1(a)(2)(ii).
23 Section 3. Section 1532(b)(2) of Title 75 is amended to
24 read:
25 § 1532. Suspension of operating privilege.
26 * * *
27 (b) Suspension.--
28 * * *
29 (2) The department shall suspend the operating privilege
30 of any driver for six months upon receiving a certified
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 1 record of the driver's conviction of a subsequent offense
2 under section 1501(a) (relating to drivers required to be
3 licensed) if the prior offense occurred within five years of
4 the violation date of the subsequent offense[.], unless, in
5 accordance with 42 Pa.C.S. § 1520 (relating to adjudication
6 alternative program), the driver enters a program of
7 community service as approved by the issuing authority or
8 court in lieu of the suspension under this paragraph. The
9 department shall impose the suspension of the operating
10 privilege of the driver if the driver fails to complete a
11 program of community service as ordered by the issuing
12 authority or court and, if applicable, require the driver to
13 pay the fee specified under section 1960 (relating to
14 reinstatement of operating privilege or vehicle
15 registration).
16 * * *
17 Section 4. Section 1533(a), (c) and (d) of Title 75 are
18 amended and the section is amended by adding a subsection to
19 read:
20 SECTION 1. SECTION 1520(A) OF TITLE 42 OF THE PENNSYLVANIA <--
21 CONSOLIDATED STATUTES IS AMENDED TO READ:
22 § 1520. ADJUDICATION ALTERNATIVE PROGRAM.
23 (A) GENERAL RULE.--EXCEPT FOR CASES CHARGING OFFENSES UNDER
24 [TITLES 75 (RELATING TO VEHICLES) AND] 34 PA.C.S. (RELATING TO
25 GAME), THE MAGISTERIAL DISTRICT JUDGE MAY, UPON HEARING THE
26 FACTS OF A CASE, ADMIT TO AN APPROPRIATE ADJUDICATION
27 ALTERNATIVE AUTHORIZED BY THIS SECTION PERSONS CHARGED WITH
28 SUMMARY OFFENSES. THE DEFENDANT SHALL NOT BE REQUIRED TO PLEAD
29 GUILTY TO BE ACCEPTED BY THE MAGISTERIAL DISTRICT JUDGE INTO THE
30 PROGRAM. ACCEPTANCE OF PARTICIPATION IN AN ALTERNATIVE
20240SB1118PN1945 - 4 -
 1 AUTHORIZED BY THIS SECTION SHALL BE CONSIDERED A FIRST
2 CONVICTION FOR THE PURPOSE OF COMPUTING WHETHER A SUBSEQUENT
3 CONVICTION OF AN OFFENSE SHALL BE CONSIDERED A SECOND OR
4 SUBSEQUENT CONVICTION.
5 * * *
6 SECTION 2. SECTION 1533(A), (C) AND (D) OF TITLE 75 ARE
7 AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO
8 READ:
9 § 1533. Suspension of operating privilege for failure to
10 respond to citation.
11 (a) Violations within Commonwealth.--The department shall
12 suspend the operating privilege of any person who [has failed to
13 respond to a citation or summons to appear before an issuing
14 authority or a court of competent jurisdiction of this
15 Commonwealth for any violation of this title, other than
16 parking, or who has failed to pay any fine, costs or restitution
17 imposed by an issuing authority or such courts for violation of
18 this title, other than parking, upon being duly notified by an
19 issuing authority or a court of this Commonwealth.], upon being
20 duly notified by an issuing authority or a court of competent
21 jurisdiction of this Commonwealth, has failed to take any of the
22 following actions:
23 (1) Respond to a citation or summons to appear before
24 the issuing authority or court for a violation of this title,
25 other than parking.
26 (2) Pay any fine, costs or restitution imposed by the
27 issuing authority or court for a violation of this title,
28 other than parking.
29 (3) Successfully complete a program of community service <--
30 as specified under subsection (d)(1)(iii).
20240SB1118PN1945 - 5 -
 1 (a.1) Exception when unable to pay fines, costs or
2 restitution.--
3 (1) Prior to suspending the operating privileges of any
4 person under subsection (a)(2), an issuing authority or a
5 court of competent jurisdiction of this Commonwealth shall
6 hold a hearing to determine whether the person is able to pay
7 the fines, costs or restitution imposed by the issuing
8 authority or court for a violation of this title, other than
9 parking.
10 (2) A person shall not have the person's operating
11 privilege suspended solely for violation of subsection (a)(2)
12 if it is determined that the person is unable to pay the
13 fine, costs or restitution imposed.
14 (A.1) EXCEPTION WHEN UNABLE TO PAY FINES, COSTS OR <--
15 RESTITUTION.--
16 (1) PRIOR TO SUSPENDING THE OPERATING PRIVILEGE OF A
17 PERSON UNDER SUBSECTION (A)(2), AN ISSUING AUTHORITY OR A
18 COURT OF COMPETENT JURISDICTION OF THIS COMMONWEALTH SHALL
19 PROCEED UNDER 42 PA.C.S. § 9730 (RELATING TO PAYMENT OF COURT
20 COSTS, RESTITUTION AND FINES).
21 (2) A PERSON SHALL NOT HAVE THE PERSON'S OPERATING
22 PRIVILEGE SUSPENDED SOLELY FOR VIOLATION OF SUBSECTION (A)(2)
23 UNLESS THE ISSUING AUTHORITY OR COURT DETERMINES THAT THE
24 PERSON IS ABLE TO PAY THE FINES, COSTS OR RESTITUTION
25 IMPOSED.
26 (3) Neither the issuing authority nor the court may
27 waive or reduce under this subsection costs imposed under
28 section 1101 of the act of November 24, 1998 (P.L.882,
29 No.111), known as the Crime Victims Act.
30 * * *
20240SB1118PN1945 - 6 -
 1 (c) Time for responding to notice.--At least [15] 30 days <--
2 before an issuing authority or court notifies the department to
3 impose a suspension pursuant to subsection (a), the issuing
4 authority or court shall notify the person in writing of the
5 requirement to [respond to the citation OR SUMMONS and] pay all <--
6 fines, restitution and penalties imposed by the issuing
7 authority or court. The notice shall include information
8 regarding all of the following:
9 (1) The ability to pay all fines, restitution and
10 penalties by installment payments.
11 (2) The ability to enter and complete a community
12 service requirement in lieu of payment of all fines,
13 restitution and penalties.
14 (d) Period of suspension.--The suspension shall continue
15 until such person shall [respond to the citation, summons or
16 writ, as the case may be, and pay all fines, restitution and
17 penalties imposed or enter into an agreement to make installment
18 payments for the fines, restitution and penalties imposed
19 provided that the suspension may be reimposed by the department
20 if the defendant fails to make regular installment payments and,
21 if applicable, pay the fee prescribed in section 1960 (relating
22 to reinstatement of operating privilege or vehicle
23 registration).] take all ANY of the following actions: <--
24 (1) Respond to the citation, summons or writing and <--
25 comply with any of the following requirements:
26 (i) Pay all fines, restitution and penalties imposed
27 by the issuing authority or court.
28 (ii) Enter into an agreement to make installment
29 payments for all fines, restitution and penalties imposed
30 by the issuing authority or court. The department may
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 1 reimpose the suspension if the defendant fails to make
2 regular installment payments.
3 (iii) In accordance with 42 Pa.C.S. § 1520 (relating
4 to adjudication alternative program), enter into a
5 program of community service approved by the issuing
6 authority or court in lieu of complying with the
7 requirements under subparagraph (i) or (ii). The
8 department may reimpose the suspension if the defendant
9 fails to complete a program of community service as
10 ordered by the issuing authority or court.
11 (2) If applicable, pay the fee specified under section
12 1960 (relating to reinstatement of operating privilege or
13 vehicle registration).
14 * * *
15 (1) RESPOND TO THE CITATION, SUMMONS OR WRITING. <--
16 (2) PAY ALL FINES, RESTITUTION AND PENALTIES IMPOSED BY
17 THE ISSUING AUTHORITY OR COURT.
18 (3) ENTER INTO AN AGREEMENT TO MAKE INSTALLMENT PAYMENTS
19 FOR ALL FINES, RESTITUTION AND PENALTIES IMPOSED BY THE
20 ISSUING AUTHORITY OR COURT. THE DEPARTMENT MAY REIMPOSE THE
21 SUSPENSION IF THE PERSON FAILS TO MAKE REGULAR INSTALLMENT
22 PAYMENTS ONLY IF THE ISSUING AUTHORITY OR COURT HAS
23 DETERMINED THAT THE PERSON IS ABLE TO PAY IN ACCORDANCE WITH
24 42 PA.C.S. § 9730.
25 (4) IN ACCORDANCE WITH 42 PA.C.S. § 9730, ENTER INTO A
26 PROGRAM OF COMMUNITY SERVICE APPROVED BY THE ISSUING
27 AUTHORITY OR COURT IN LIEU OF PAYMENT. THE DEPARTMENT MAY
28 REIMPOSE THE SUSPENSION IF THE PERSON FAILS TO COMPLETE A
29 PROGRAM OF COMMUNITY SERVICE AS ORDERED BY THE ISSUING
30 AUTHORITY OR COURT.
20240SB1118PN1945 - 8 -
 1 (5) IF APPLICABLE, PAY THE FEE SPECIFIED UNDER SECTION
2 1960 (RELATING TO REINSTATEMENT OF OPERATING PRIVILEGE OR
3 VEHICLE REGISTRATION).
4 Section 5 3. Section 1543(c) of Title 75 is amended to read: <--
5 § 1543. Driving while operating privilege is suspended or
6 revoked.
7 * * *
8 (c) Suspension or revocation of operating privilege.--[Upon]
9 Except as provided under section 1543.1 (relating to driving
10 while operating privilege is suspended for certain other
11 offenses), upon receiving a certified record of the conviction
12 or adjudication of delinquency of any person under this section,
13 the department shall suspend or revoke the person's operating
14 privilege as follows:
15 (1) Except as provided for under paragraph (1.1), if the
16 department's records show that the person was under
17 suspension, recall or cancellation on the date of violation,
18 and had not been restored, the department shall suspend the
19 person's operating privilege for an additional one-year
20 period.
21 (1.1) If the department's records show that the person
22 was under an indefinite suspension on the date of violation
23 for not satisfactorily completing a driver improvement school
24 as required under section 1538 (relating to school,
25 examination or hearing on accumulation of points or excessive
26 speeding), and had not been restored, the department shall
27 suspend the person's operating privilege for an additional
28 30-day period.
29 (2) If the department's records show that the person was
30 under revocation on the date of violation, and had not been
20240SB1118PN1945 - 9 -
 1 restored, the department shall revoke the person's operating
2 privilege for an additional two-year period.
3 * * *
4 Section 6 4. Title 75 is amended by adding sections to read: <--
5 § 1543.1. Driving while operating privilege is suspended for
6 certain other offenses.
7 (a) Certain other offenses.-- <--
8 (1) A person who drives a motor vehicle on any highway
9 or trafficway of this Commonwealth at a time when the
10 person's operating privilege is suspended under section
11 1532(b)(2) (relating to suspension of operating privilege) or
12 1533 (relating to suspension of operating privilege for
13 failure to respond to citation) and the underlying offense
14 for the suspension is a violation of section 1501(a)
15 (relating to drivers required to be licensed) shall, upon
16 conviction or adjudication of delinquency, be sentenced to
17 pay a fine of $50.
18 (2) A person who drives a motor vehicle on any highway
19 or trafficway of this Commonwealth after the commencement of
20 a second or subsequent suspension of the person's operating
21 privilege under section 1532(b)(2) and no other violation and
22 before the operating privilege has been restored is guilty of
23 a summary offense and shall, upon conviction or adjudication
24 of delinquency, be required to do one or both of the
25 following:
26 (i) Pay a fine of $200 or enter into an agreement to
27