Pennsylvania Act 2024-138 — JUDICIAL CODE (42 PA.C.S.) AND VEHICLE CODE (75 PA.C.S.) - OMNIBUS AMENDMENTS

Act text

Session of 2024

No. 2024-138

SB 1118

AN ACT

Amending Titles 42 (Judiciary and Judicial Procedure) and 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in magisterial district judges, further providing for adjudication alternative program; in licensing of drivers, further providing for suspension of operating privilege, for suspension of operating privilege for failure to respond to citation and for driving while operating privilege is suspended or revoked, providing for driving while operating privilege is suspended for certain other offenses, for relief from administrative suspension and for relief from administrative suspension participation requirements; in fees, further providing for reinstatement of operating privilege or vehicle registration; and, in penalties and disposition of fines, further providing for inability to pay fine and costs.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Section 1520(a) of Title 42 of the Pennsylvania Consolidated Statutes is amended to read:

§ 1520. Adjudication alternative program.

(a) General rule.--Except for cases charging offenses under [Titles 75 (relating to vehicles) and] 34 Pa.C.S. (relating to game), the magisterial district judge may, upon hearing the facts of a case, admit to an appropriate adjudication alternative authorized by this section persons charged with summary offenses. The defendant shall not be required to plead guilty to be accepted by the magisterial district judge into the program. Acceptance of participation in an alternative authorized by this section shall be considered a first conviction for the purpose of computing whether a subsequent conviction of an offense shall be considered a second or subsequent conviction.

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Section 2. Section 1533(a), (c) and (d) of Title 75 are amended and the section is amended by adding a subsection to read:

§ 1533. Suspension of operating privilege for failure to respond to citation.

(a) Violations within Commonwealth.--The department shall suspend the operating privilege of any person who [has failed to respond to a citation or summons to appear before an issuing authority or a court of competent jurisdiction of this Commonwealth for any violation of this title, other than parking, or who has failed to pay any fine, costs or restitution imposed by an issuing authority or such courts for violation of this title, other than parking, upon being duly notified by an issuing authority or a court of this Commonwealth.] , upon being duly notified by an issuing authority or a court of competent jurisdiction of this Commonwealth, has failed to take any of the following actions:

(1) Respond to a citation or summons to appear before the issuing authority or court for a violation of this title, other than parking.

(2) Pay any fine, costs or restitution imposed by the issuing authority or court for a violation of this title, other than parking.

(a.1) Exception when unable to pay fines, costs or restitution.--

(1) Prior to suspending the operating privilege of a person under subsection (a)(2), an issuing authority or a court of competent jurisdiction of this Commonwealth shall proceed under 42 Pa.C.S. § 9730 (relating to payment of court costs, restitution and fines).

(2) A person shall not have the person's operating privilege suspended solely for violation of subsection (a)(2) unless the issuing authority or court determines that the person is able to pay the fines, costs or restitution imposed.

(3) Neither the issuing authority nor the court may waive or reduce under this subsection costs imposed under section 1101 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act.

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(c) Time for responding to notice.--At least [15] 30 days before an issuing authority or court notifies the department to impose a suspension pursuant to subsection (a), the issuing authority or court shall notify the person in writing of the requirement to respond to the citation or summons and pay all fines, restitution and penalties imposed by the issuing authority or court. The notice shall include information regarding all of the following:

(1) The ability to pay all fines, restitution and penalties by installment payments.

(2) The ability to enter and complete a community service requirement in lieu of payment of all fines, restitution and penalties.

(d) Period of suspension.--The suspension shall continue until such person shall [respond to the citation, summons or writ, as the case may be, and pay all fines, restitution and penalties imposed or enter into an agreement to make installment payments for the fines, restitution and penalties imposed provided that the suspension may be reimposed by the department if the defendant fails to make regular installment payments and, if applicable, pay the fee prescribed in section 1960 (relating to reinstatement of operating privilege or vehicle registration).] take any of the following actions:

(1) Respond to the citation, summons or writing.

(2) Pay all fines, restitution and penalties imposed by the issuing authority or court.

(3) Enter into an agreement to make installment payments for all fines, restitution and penalties imposed by the issuing authority or court. The department may reimpose the suspension if the person fails to make regular installment payments only if the issuing authority or court has determined that the person is able to pay in accordance with 42 Pa.C.S. § 9730.

(4) In accordance with 42 Pa.C.S. § 9730, enter into a program of community service approved by the issuing authority or court in lieu of payment. The department may reimpose the suspension if the person fails to complete a program of community service as ordered by the issuing authority or court.

(5) If applicable, pay the fee specified under section 1960 (relating to reinstatement of operating privilege or vehicle registration).

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Section 3. Section 1543(c) of Title 75 is amended to read:

§ 1543. Driving while operating privilege is suspended or revoked.

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(c) Suspension or revocation of operating privilege.--[Upon] Except as provided under section 1543.1 (relating to driving while operating privilege is suspended for certain other offenses), upon receiving a certified record of the conviction or adjudication of delinquency of any person under this section, the department shall suspend or revoke the person's operating privilege as follows:

(1) Except as provided for under paragraph (1.1), if the department's records show that the person was under suspension, recall or cancellation on the date of violation, and had not been restored, the department shall suspend the person's operating privilege for an additional one-year period.

(1.1) If the department's records show that the person was under an indefinite suspension on the date of violation for not satisfactorily completing a driver improvement school as required under section 1538 (relating to school, examination or hearing on accumulation of points or excessive speeding), and had not been restored, the department shall suspend the person's operating privilege for an additional 30-day period.

(2) If the department's records show that the person was under revocation on the date of violation, and had not been restored, the department shall revoke the person's operating privilege for an additional two-year period.

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Section 4. Title 75 is amended by adding sections to read:

§ 1543.1. Driving while operating privilege is suspended for certain other offenses.

(a) First offense.--A person who drives a motor vehicle on any highway or trafficway of this Commonwealth at a time when the person's operating privilege is suspended under section 1532(b)(2) (relating to suspension of operating privilege) or 1533 (relating to suspension of operating privilege for failure to respond to citation) and the underlying offense for the suspension is a violation of section 1501(a) (relating to drivers required to be licensed) shall, upon conviction or adjudication of delinquency, be sentenced to pay a fine of $50.

(b) Second or subsequent offense.--A person who drives a motor vehicle on any highway or trafficway of this Commonwealth after the commencement of a second or subsequent suspension of the person's operating privilege under section 1532(b)(2) and no other violation and before the operating privilege has been restored is guilty of a summary offense and shall, upon conviction or adjudication of delinquency, be required to pay a fine of $200 or enter into an agreement to make installment payments for the fine imposed by the issuing authority or court. If the person is unable to pay, the issuing authority or court shall proceed under 42 Pa.C.S. § 9730 (relating to payment of court costs, restitution and fines).

§ 1557. Relief from administrative suspension.

(a) Restoration.--The department may restore the operating privileges of individuals from operating privilege suspensions imposed under any of the following:

(1) Section 1532(b) (relating to suspension of operating privilege).

(2) Section 1533(a), (b) or (d) (relating to suspension of operating privilege for failure to respond to citation).

(3) Section 1543 (relating to driving while operating privilege is suspended or revoked).

(4) Section 1544(a) or (c) (relating to additional period of revocation or suspension).

(b) Duties.--The department shall have all of the following duties:

(1) Notify each individual under a suspension of operating privilege who may be eligible for relief under the program based on the criteria specified under subsection (d).

(2) Review the applications filed for relief under the program and make a determination as to the applicant's eligibility for relief within 30 days of receipt of the application and all other required items.

(3) Determine if an applicant has satisfied all court-ordered obligations which resulted in a suspension of the applicant's operating privilege under section 1533(a), (b) or (d).

(4) Determine if an applicant's conviction of a violation under section 1543 occurred only as the result of a suspension imposed under section 1532(b)(2), 1533 or 6146 (relating to enforcement agreements) and if the applicant is currently under or will be under a suspension of operating privilege for a conviction under section 1543.

(5) Determine whether the granting of relief under the program would result in immediate restoration of the applicant's operating privilege.

(6) Prioritize the processing of applications for which the granting of relief will result in an immediate restoration of the applicant's operating priv ilege.

(7) Update the driver's records and restore the operating privilege of an individual as authorized under this section.

(c) Eligibility.--The program shall be available to an individual who meets all of the following criteria:

(1) The individual's operating privilege has been indefinitely suspended under section 1533(a), (b) or (d) before the effective date of this paragraph.

(2) The department's records show that the individual's operating privilege will be or is suspended for a conviction under section 1543(a) only as a result of a suspension imposed under section 1532(b)(2), 1533 or 6146 before the effective date of this paragraph.

(3) The individual has served the operating privilege suspension required for the underlying offense which resulted in a violation of section 1533(a), (b) or (d).

(4) The individual has submitted a completed application for relief to the department on a form specified by the department. The individual must submit all of the following items with the application:

(i) A restoration fee.

(ii) Proof of financial responsibility.

(iii) If the individual does not own a motor vehicle currently registered in this Commonwealth, a signed statement certifying that the individual does not own a motor vehicle currently registered in this Commonwealth.

(d) Reinstatement.--The department shall amend the driver's record of an eligible individual to show that the individual satisfied the court- ordered obligations that resulted in the suspension of the individual's operating privilege under section 1533. The department shall amend the driver's records of an eligible individual to show that suspension imposed for a violation under section 1543(a) will end or will not be imposed. The department shall rescind an additional suspension imposed under section 1544(a) for a violation that occurred at the same time as a violation of section 1543(a) from the driver's record of an eligible individual. The department shall not be required to reinstate the operating privilege of an eligible individual under this section if the department is authorized under this title to suspend the operating privilege of the individual for other violations of this title. Upon restoration from suspension under the program, the driver's record of an eligible individual shall show five points.

(e) Compliance.--The department shall not be required to restore the operating privilege of an eligible individual under this section until the individual has complied with section 1558 (relating to relief from administrative suspension participation requirements) .

(f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Eligible individual." An individual who meets the criteria specified under subsection (d) for relief.

§ 1558. Relief from administrative suspension participation requirements.

(a) Form.--An eligible individual who seeks to participate in the Relief from Administrative Suspension Program shall respond to the court or issuing authority in conformance with the instructions in a restoration requirements letter. The department shall provide a restoration requirements letter to the eligible individual.

(b) Requirements.--In addition to the requirements under section 1960 (relating to r einstatement of operating privilege or vehicle registration) , an eligible individual applying for relief under the program as required under section 1557(d) (relating to relief from administrative suspension) shall have the following duties:

(1) Except as provided under paragraph (2), the individual shall pay all court-ordered obligations immediately or in a single remittance.

(2) If the individual is unable to pay all court-ordered obligations, the individual shall request that an issuing authority or a court of competent jurisdiction of this Commonwealth proceed under 42 Pa.C.S. § 9730 (relating to payment of court costs, restitution and fines).

(c) Proof of financial responsibility.--Notwithstanding section 1783 (relating to proof of financial responsibility before restoring operating privilege or registration), before restoring an operating privilege, the department shall require an eligible individual to provide the department with any of the following:

(1) Proof of financial responsibility.

(2) If the individual does not own a motor vehicle currently registered in this Commonwealth, a signed statement certifying that the individual does not own a motor vehicle currently registered in this Commonwealth.

(d) Certification.-- For the purpose of determining whether an eligible individual may receive relief under the program, the court or issuing authority shall certify any of the following to the department :

(1) The individual has satisfied the amounts owed to the court or issuing authority.

(2) The individual entered into an agreement to pay in installments all court-ordered obligations.

(3) The individual has completed or satisfied all court- ordered public service requirements or other alternative adjudication programs.

(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Eligible individual." An individual who meets the criteria specified under section 1557(d) for relief.

Section 5. Sections 1960 and 6504 of Title 75 are amended to read:

§ 1960. Reinstatement of operating privilege or vehicle registration.

The department shall charge a fee of $70 or, if section 1379 (relating to suspension of registration upon sixth unpaid parking violation in cities of the first class), 1380 (relating to suspension of registration upon unpaid tolls) or 1786(d) (relating to required financial responsibility) applies, a fee of $88 to restore a person's operating privilege or the registration of a vehicle following a suspension or revocation. The department shall waive a fee imposed under this section for a person who enters into a program of community service under section 1533(d) (relating to suspension of operating privilege for failure to respond to citation), makes an agreement for installment payments or is found unable to pay in accordance with 42 Pa.C.S. § 9730 (relating to payment of court costs, restitution and fines).

§ 6504. Inability to pay fine and costs.

[(a) Order for installment payments.--Upon plea and proof that a person is unable to pay any fine and costs imposed under this title, a court may, in accordance with 42 Pa.C.S. § 9758 (relating to fine), order payment of the fine and costs in installments and shall fix the amounts, times and manner of payment.

(b) Imprisonment for nonpayment.--Any person who does not comply with an order entered under this section may be imprisoned for a number of days equal to one day for each $40 of the unpaid balance of the fine and costs.]

(c) Default.--If a person defaults in the payment of court costs, restitution or fines after imposition of a sentence for a violation of this title, the issuing authority or court shall proceed under 42 Pa.C.S. § 9730 (relating to payment of court costs, restitution and fines).

Section 6. The following shall apply to any person who is currently under operating privilege suspension under 75 Pa.C.S. §§ 1533 and 1544, regardless of the date of the underlying offense:

(1) The amendment of 42 Pa.C.S. § 1520(a).

(2) The amendment or addition of 75 Pa.C.S. §§ 1533(a), (a.1), (c) and (d), 1543(c), 1543.1, 1557, 1558, 1960 and 6504.

Section 7. This act shall take effect in 18 months.

APPROVED--The 31st day of October, A.D. 2024.

JOSH SHAPIRO