PRINTER'S NO. 1074
No. 945 Session of 1989
INTRODUCED BY PUNT, JUBELIRER, LOEPER, PORTERFIELD, LEMMOND,
HOPPER, BRIGHTBILL, WENGER, WILT, MADIGAN, FISHER, ROCKS,
SHAFFER, BELL, SALVATORE, REIBMAN, BELAN, JONES, HELFRICK,
O'PAKE AND ANDREZESKI, MAY 17, 1989
REFERRED TO JUDICIARY, MAY 17, 1989
AN ACT
1 Amending the act of April 14, 1972 (P.L.233, No.64), entitled
2 "An act relating to the manufacture, sale and possession of
3 controlled substances, other drugs, devices and cosmetics;
4 conferring powers on the courts and the secretary and
5 Department of Health, and a newly created Pennsylvania Drug,
6 Device and Cosmetic Board; establishing schedules of
7 controlled substances; providing penalties; requiring
8 registration of persons engaged in the drug trade and for the
9 revocation or suspension of certain licenses and
10 registrations; and repealing an act," providing for the
11 suspension of motor vehicle operator's privileges for
12 violations of this act.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 13 of the act of April 14, 1972 (P.L.233,
16 No.64), known as The Controlled Substance, Drug, Device and
17 Cosmetic Act, is amended by adding a subsection to read:
18 Section 13. Prohibited Acts; Penalties.--* * *
19 (m) In addition to any disposition authorized by this
20 section, and notwithstanding the provisions of Title 75 of the
21 Pennsylvania Consolidated Statutes (relating to vehicles), every
22 person convicted of committing an offense prohibited under this
1 section shall forfeit his right to operate a motor vehicle for a
2 period to be fixed by the court at not less than six months nor
3 more than two years. Suspension shall commence on the day the
4 sentence is imposed, unless the person's driving privilege is
5 already revoked, suspended or postponed for a violation of this
6 section, 75 Pa.C.S. or 18 Pa.C.S. § 6310.4 (relating to
7 restriction of operating privileges) in which case the
8 revocation, suspension or postponement period imposed herein
9 shall commence as of the date the pre-existing revocation,
10 suspension or postponement terminates.
11 (1) The court before whom any person is convicted of any
12 offense defined in this section shall collect forthwith the
13 Pennsylvania driver's license or licenses of the person and
14 forward each license or licenses to the Department of
15 Transportation along with a report indicating the first and last
16 day of the suspension or postponement period imposed by the
17 court pursuant to this section. If the court is for any reason
18 unable to collect the license or licenses of the person, the
19 court shall cause a report of the conviction to be filed with
20 the Department of Transportation. The report shall include the
21 complete name, address, date of birth, eye color, and sex of the
22 person and shall indicate the first and last day of the
23 revocation, suspension or postponement period imposed by the
24 court under this section. The court shall inform the person
25 orally and in writing that if the person is convicted of
26 personally operating a motor vehicle during the period of
27 license revocation, suspension or postponement imposed under
28 this section, the person shall, upon conviction, be subject to
29 the penalties set forth in 75 Pa.C.S. § 1543 (relating to
30 driving while operating privilege is suspended or revoked). A
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1 person shall be required to acknowledge the receipt of the
2 written notice in writing. Failure to receive a written notice
3 or failure to acknowledge in writing the receipt of a written
4 notice shall not be a defense to a subsequent charge of a
5 violation of 75 Pa.C.S. § 1543. If the person is the holder of a
6 driver's license of a foreign jurisdiction, the court shall not
7 collect the license but shall notify forthwith the Department of
8 Transportation which shall notify the appropriate officials in
9 the licensing jurisdiction. The court shall, however, in
10 accordance with the provisions of this section, revoke the
11 person's nonresident privilege in this Commonwealth.
12 (2) In addition to other conditions imposed, a court may
13 suspend, revoke or postpone, in accordance with the provisions
14 of this subsection, the driving privileges of a person admitted
15 to supervisory treatment under 75 Pa.C.S. § 3731 (relating to
16 driving under influence of alcohol or controlled substance)
17 without a plea of guilty or finding of guilt.
18 (3) The sentencing guidelines promulgated by the
19 Pennsylvania Commission on Sentencing shall not supersede the
20 mandatory penalties of this section.
21 Section 2. This act shall take effect in 60 days.
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