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                                                      PRINTER'S NO. 1326

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1145 Session of 2001


        INTRODUCED BY TRELLO, GEIST, READSHAW, BELARDI, CALTAGIRONE,
           THOMAS, SAYLOR, TIGUE, CORRIGAN, BELFANTI, WALKO, STABACK,
           GRUCELA, SHANER, LAUGHLIN, SOLOBAY, WANSACZ, PRESTON, HORSEY,
           WATERS, CIVERA, MANDERINO, HARHAI, J. WILLIAMS AND COLAFELLA,
           MARCH 22, 2001

        REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 22, 2001

                                     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 is amended to read:
     8  § 1516.  Department records.
     9     * * *
    10     (b)  Accidents and convictions.--The department shall file
    11  all accident reports and abstracts of court records of
    12  convictions received by it under the laws of this Commonwealth
    13  and maintain actual or facsimile records or make suitable
    14  notations in order that the records of each licensee showing
    15  convictions of the licensee, any departmental action initiated
    16  against the licensee regarding a reportable accident in which
    17  the licensee was involved, and the traffic accidents shall be

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





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