PRINTER'S NO. 330
No. 325 Session of 2001
INTRODUCED BY TARTAGLIONE, O'PAKE, SCHWARTZ, BODACK, MUSTO,
COSTA AND BOSCOLA, FEBRUARY 6, 2001
REFERRED TO JUDICIARY, FEBRUARY 6, 2001
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, suspending the operating privileges of
3 persons who are convicted of committing vandalism offenses.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 3310. Restriction of operating privilege for vandalism
9 offenses.
10 (a) General rule.--Whenever a person is convicted of a
11 vandalism offense, the court may suspend the person's operating
12 privilege for one year. For each successive offense, the court
13 shall suspend the person's operating privilege for one year. A
14 copy of the order suspending the person's operating privilege
15 shall be transmitted to the Department of Transportation.
16 (b) Nondrivers.--Whenever a person is convicted of a
17 vandalism offense and does not have a driver's license, the
18 court may render the person ineligible to apply for a learner's
1 permit in accordance with 75 Pa.C.S. §§ 1505 (relating to
2 learners' permits) and 1507 (relating to application for
3 driver's license or learner's permit by minor) for a period of
4 one year. For each successive offense, the court shall render
5 the person ineligible under the above sections for a period of
6 one year. If the person is under 16 years of age when he is
7 convicted of a vandalism offense, his application for operating
8 privileges shall be delayed until his 18th birthday. A copy of
9 the order delaying the person's operating privilege shall be
10 transmitted to the Department of Transportation.
11 (c) Reduction of suspension or delay.--A person whose
12 operating privilege is suspended or delayed pursuant to
13 subsection (a) or (b) may elect to reduce the period of
14 suspension or delay imposed by the court by performing court-
15 authorized community service. The period of suspension or delay
16 ordered by the court shall be reduced at the rate of one day for
17 each hour of community service performed. For the purposes of
18 this subsection, "community service" means cleaning up graffiti
19 or remedying damaged and vandalized property.
20 (d) Personal or family hardship.--When the court is
21 considering suspending or delaying operating privileges pursuant
22 to subsection (a) or (b), the court shall consider if a personal
23 or family hardship exists that requires the person to have a
24 driver's license for his family's employment or medically
25 related purposes.
26 (e) Reinstatement of operating privileges.--Reinstatement of
27 operating privileges shall be governed by 75 Pa.C.S. § 1545
28 (relating to restoration of operating privilege).
29 (f) Additional penalties.--The suspension or delay of
30 operating privileges pursuant to this section shall be in
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1 addition to a penalty imposed upon conviction of a vandalism
2 offense.
3 (g) Definition.--As used in this section, the term
4 "vandalism offense" shall mean an offense under section
5 3304(a)(4) (relating to criminal mischief), 3307 (relating to
6 institutional vandalism) or 3309 (relating to agricultural
7 vandalism).
8 Section 2. This act shall take effect immediately.
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