PRINTER'S NO. 1409
No. 1096 Session of 2007
INTRODUCED BY GORDNER, RHOADES, EARLL, D. WHITE, TARTAGLIONE,
FOLMER, MUSTO, WONDERLING, BAKER AND FERLO,
SEPTEMBER 21, 2007
REFERRED TO TRANSPORTATION, SEPTEMBER 21, 2007
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for trespass by motor vehicle and
3 for deposit and use of funds in a restricted account for
4 snowmobiles and ATVs.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 3717(e) of Title 75 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 3717. Trespass by motor vehicle.
10 * * *
11 (e) Offense defined.--The following penalties shall apply:
12 (1) A person who violates subsection (b) commits a
13 summary offense and shall, upon conviction, be subject to a
14 fine of $100.
15 (2) A person who violates subsection (c) or (d) commits
16 a summary offense and shall, upon conviction, be subject to
17 the following penalties:
18 (i) A fine of $500 for a first conviction of the
1 offense.
2 (ii) A fine of $1,000 plus suspension of operating
3 privileges for a period of six months for a second or
4 subsequent conviction of the offense. If a person is
5 under 16 years of age at the time of the second or
6 subsequent conviction of an offense, the period of
7 suspension shall commence upon the person's 16th
8 birthday.
9 (3) In addition, restitution shall be made for the value
10 of damage to real or personal property which results from the
11 violation of this section.
12 (4) In addition to any other penalty provided in this
13 section, any person who uses an all-terrain vehicle or ATV as
14 defined in section 7702 (relating to definitions) in
15 violation of this section shall be subject to the following
16 additional penalties:
17 (i) For a first offense, the person shall be
18 sentenced to pay an additional fine of not more than $150
19 and costs of prosecution.
20 (ii) For a second or subsequent offense, the person
21 shall be sentenced to pay an additional fine of not more
22 than $250 and costs of prosecution.
23 Section 2. Section 7706(a) of Title 75 is amended to read:
24 § 7706. Restricted account.
25 (a) Deposit and use of moneys.--
26 (1) The department shall deposit the following into a
27 restricted account, which is hereby established:
28 (i) all moneys received from the registration of and
29 issuance of certificates of title for snowmobiles and
30 ATV's;
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1 (ii) all revenue from the sale of any publications
2 or services relating to snowmobiles and ATV's; and
3 (iii) all fines, penalties, fees and costs assessed
4 and collected as a result of enforcement activities
5 conducted by the department's law enforcement personnel
6 under this chapter.
7 (2) The department shall draw moneys from the restricted
8 account for use in performing any activities necessary to
9 carry out the purposes of this chapter, including
10 registration and certificate of title activities, training,
11 education, enforcement activities, construction and
12 maintenance of snowmobile and ATV trails and acquisition of
13 equipment, supplies and interests in land. All moneys
14 deposited in this account shall remain in it to be used as
15 specified in this section.
16 (3) The provisions of 42 Pa.C.S. § 3573(b)(2) (relating
17 to municipal corporation portion of fines, etc.)
18 notwithstanding, when prosecution under this chapter is the
19 result of local police action, one-half of all fines,
20 penalties, fees and costs assessed as a result of such
21 prosecution shall be payable to the municipal corporation
22 under which the local police are organized. The department
23 shall deposit the remaining moneys into the restricted
24 account established in this section.
25 * * *
26 Section 3. This act shall take effect in 60 days.
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