PRINTER'S NO. 527
No. 503 Session of 1989
INTRODUCED BY HELFRICK, LOEPER, FISHER, SHUMAKER, PECORA,
HOPPER, SCANLON, SALVATORE, WILT, JUBELIRER AND PORTERFIELD,
FEBRUARY 10, 1989
REFERRED TO JUDICIARY, FEBRUARY 10, 1989
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, restricting operating
3 privileges as a penalty for substance abuse.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 42 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 9720. Restriction of operating privileges; controlled
9 substances.
10 (a) General rule.--Whenever a person is convicted of,
11 adjudicated delinquent for or admitted to a preadjudication
12 program for a violation of section 13 of the act of April 14,
13 1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
14 Device and Cosmetic Act, the court, including a court not of
15 record if it is exercising jurisdiction under section 1515(a)
16 (relating to jurisdiction and venue), shall order the operating
17 privilege of the person suspended. A copy of the order shall be
18 transmitted to the Department of Transportation.
1 (b) Duration of suspension.--When the department suspends
2 the operating privilege, which shall include a suspension of the
3 privilege of operating a motorized pedalcycle, of a person under
4 subsection (a), the duration of the suspension shall be as
5 follows:
6 (1) For a first offense, a period of 180 days from the
7 date the sentence is imposed.
8 (2) For a second offense, a period of one year from the
9 date the sentence is imposed.
10 (3) For a third offense, and any offense thereafter, a
11 period of two years from the date of suspension. Any multiple
12 sentences imposed shall be served consecutively.
13 (c) Tacking on of subsequent disposition.--If the operating
14 privilege of any person is under revocation, suspension or
15 postponement for a violation of this section, 18 Pa.C.S. §
16 6310.4 (relating to restriction of operating privileges;
17 alcoholic beverages) or Title 75 (relating to vehicles) at the
18 time of a conviction of, adjudication of delinquency for or
19 admission to a preadjudication program for a violation of this
20 section, the revocation, suspension or postponement period
21 imposed under this section shall commence as of the date of
22 termination of the existing revocation, suspension or
23 postponement.
24 (d) Duty of court to collect license.--The court before whom
25 a person is convicted of, adjudicated delinquent for or admitted
26 to a preadjudication program for a violation of an offense
27 defined in this section shall collect the driver's license of
28 the person and forward it to the Department of Transportation
29 along with a report indicating the first and last day of the
30 suspension or postponement period imposed by the court under
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1 this section. If the court cannot collect a license from the
2 person, the court shall file a disposition report with the
3 Department of Transportation. The report shall include the
4 complete name, address, date of birth, eye color and sex of the
5 person and shall indicate the first and last day of the
6 suspension or postponement period imposed by the court under
7 this section. The court shall inform the person orally and in
8 writing that, if the person is convicted of personally operating
9 a motor vehicle during the period of license suspension or
10 postponement imposed under this section, the person shall, upon
11 conviction, be subject to the penalties set forth in 75 Pa.C.S.
12 § 1543 (relating to driving while operating privilege is
13 suspended or revoked). A person shall be required to acknowledge
14 receipt of the written notice in writing. Failure to receive a
15 written notice or failure to acknowledge in writing the receipt
16 of a written notice shall not be a defense to a subsequent
17 charge of a violation of 75 Pa.C.S. § 1543. If the person is the
18 holder of a driver's license from another jurisdiction, the
19 court shall not collect the license but shall notify the
20 Department of Transportation which shall notify the appropriate
21 officials in the licensing jurisdiction. The court shall,
22 however, in accordance with the provisions of this section,
23 revoke the person's nonresident operating privilege in this
24 Commonwealth.
25 (e) Additional powers of court.--
26 (1) In addition to any other condition imposed, a court
27 may, in its discretion, suspend, revoke or postpone, in
28 accordance with the provisions of this section, the operating
29 privileges of a person admitted to supervisory treatment
30 under this section without a plea of guilty or finding of
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1 guilt.
2 (2) In addition to suspending the operating privilege,
3 the court shall require the person to undergo appropriate
4 counseling.
5 (f) Nondrivers.--A person whose record is received by the
6 Department of Transportation under subsection (a) and who does
7 not have a driver's license shall be ineligible to apply for a
8 learner's permit under 75 Pa.C.S. §§ 1505 (relating to learners'
9 permits) and 1507 (relating to application for driver's license
10 or learner's permit by minor) for the time periods specified in
11 subsection (b). If the person is under 16 years of age when he
12 is convicted, adjudicated delinquent or admitted to a
13 preadjudication program, his suspension of operating privileges
14 shall commence upon his 16th birthday for the time periods
15 specified in subsection (b).
16 (g) Insurance premiums.--An insurer shall not increase
17 premiums, impose any surcharge or rate penalty or make any
18 driver record point assignment for automobile insurance, nor
19 shall an insurer cancel or refuse to renew an automobile
20 insurance policy on account of a suspension under this section.
21 Section 2. This act shall take effect in 60 days.
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