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                                                       PRINTER'S NO. 974

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 900 Session of 1999


        INTRODUCED BY TRELLO, YOUNGBLOOD, FLICK, TRICH, STABACK,
           ROBINSON, TIGUE, DALEY, READSHAW, LAUGHLIN, SAINATO,
           BELFANTI, SHANER, MICHLOVIC, STERN, SERAFINI, MELIO, STURLA,
           PETRARCA, JAMES, COLAFELLA, CURRY, MANN, WALKO, DeLUCA,
           FREEMAN, WOJNAROSKI, RAMOS, CIVERA, STEELMAN AND WASHINGTON,
           MARCH 15, 1999

        REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 15, 1999

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for Department of Transportation
     3     records.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 1516(b) of Title 75 of the Pennsylvania
     7  Consolidated Statutes, amended December 21, 1998 (P.L.    ,
     8  No.151), is amended to read:
     9  § 1516.  Department records.
    10     * * *
    11     (b)  Accidents and convictions.--The department shall file
    12  all accident reports and abstracts of court records of
    13  convictions received by it under the laws of this Commonwealth
    14  and maintain actual or facsimile records or make suitable
    15  notations in order that the records of each licensee showing
    16  convictions of the licensee, any departmental action initiated


     1  against the licensee regarding a reportable accident in which
     2  the licensee was involved, and the traffic accidents shall be
     3  available for official use. Court abstracts and certifications
     4  of conviction and accident reports submitted to the department
     5  under the laws of this Commonwealth shall be considered as
     6  records of the department and the department may store such
     7  documents in accordance with the provisions of 42 Pa.C.S. § 6109
     8  (relating to photographic copies of business and public records)
     9  and may enter into evidence copies of such documents in
    10  accordance with the provisions of 42 Pa.C.S. § 6103 (relating to
    11  proof of official records). Such copies shall be admissible into
    12  evidence to support the department's case in an appeal of a
    13  department action taken under Chapter 13 (relating to
    14  registration of vehicles), 15 (relating to licensing of
    15  drivers), 16 (relating to commercial drivers) or 17 (relating to
    16  financial responsibility) of this title, and the certification
    17  shall constitute prima facie proof of the facts and information
    18  contained in the court abstract or certification of conviction
    19  or accident report. The department may not disclose to a
    20  nongovernmental entity its file on an accident where the
    21  licensee has been adjudicated not to be at fault. These records
    22  shall also be made available to the courts for sentencing
    23  purposes.
    24     * * *
    25     Section 2.  This act shall take effect in 60 days.




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