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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY WHEATLEY, BRENNAN, KIRKLAND, McGEEHAN, MELIO, MYERS, PARKER, PAYTON, PRESTON, SCAVELLO, WANSACZ, WATERS AND YOUNGBLOOD, APRIL 22, 2009 |
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| REFERRED TO COMMITTEE ON TRANSPORTATION, APRIL 22, 2009 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, further providing for occupational limited license. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Section 1553(d)(10) and (d.1) of Title 75 of the |
6 | Pennsylvania Consolidated Statutes are amended to read: |
7 | § 1553. Occupational limited license. |
8 | * * * |
9 | (d) Unauthorized issuance.--The department shall prohibit |
10 | issuance of an occupational limited license to: |
11 | * * * |
12 | (10) [Any] Except as set forth in subsection (d.1) or |
13 | (d.2), any person whose operating privilege has been |
14 | suspended pursuant to [either section 13(m) of the act of |
15 | April 14, 1972 (P.L.233, No.64), known as The Controlled |
16 | Substance, Drug, Device and Cosmetic Act, or] section 1532(c) |
17 | (relating to suspension of operating privilege) unless the |
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1 | suspension imposed has been fully served. |
2 | * * * |
3 | (d.1) Adjudication eligibility.--[An individual who has been |
4 | convicted of an offense under section 3802 (relating to driving |
5 | under influence of alcohol or controlled substance) and does not |
6 | have a prior offense as defined in section 3806(a) (relating to |
7 | prior offenses)] The following individuals shall be eligible for |
8 | an occupational limited license only if the individual has |
9 | served 60 days of the suspension imposed for the offense[.]: |
10 | (1) An individual who has been convicted of an offense |
11 | under section 3802 and does not have a prior offense as |
12 | defined in section 3806(a). |
13 | (2) An individual whose operating privilege has been |
14 | suspended under section 1532(c) for a conviction of an |
15 | offense involving the possession, sale, delivery, offering |
16 | for sale, holding for sale or giving away of any controlled |
17 | substance under the laws of the United States, this |
18 | Commonwealth or any other state and does not have a prior |
19 | offense. For purposes of this paragraph, any conviction under |
20 | any Federal or state law relating to any controlled substance |
21 | or other drug shall constitute a prior offense if it related |
22 | to the type of conduct against which a subsequent offense is |
23 | directed. |
24 | * * * |
25 | Section 2. This act shall take effect in 60 days. |
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