Bill Text: PA SB456 | 2009-2010 | Regular Session | Introduced

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Bill Title: Providing for the offense of theft of motor vehicle certificate of inspection; further providing for operation of vehicle without official certificate of inspection; and adding provisions relating to theft of certificate of inspection.

Spectrum: Slight Partisan Bill (Democrat 8-3)

Status: (Introduced - Dead) 2009-03-02 - Referred to TRANSPORTATION [SB456 Detail]

Download: Pennsylvania-2009-SB456-Introduced.html

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PRINTER'S NO. 467
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 456 Session of2009
INTRODUCED BY FERLO, FONTANA, COSTA, STACK, STOUT, BROWNE, WASHINGTON, RAFFERTY, O'PAKE, M. WHITE AND TARTAGLIONE, MARCH 2, 2009
REFERRED TO TRANSPORTATION, MARCH 2, 2009
AN ACT
Amending Titles 18 (Crimes and Offenses) and 75 (Vehicles) of
the Pennsylvania Consolidated Statutes, providing for the
offense of theft of motor vehicle certificate of inspection;
further providing for operation of vehicle without official
certificate of inspection; and adding provisions relating to
theft of certificate of inspection.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 3935. Theft of motor vehicle certificate of inspection.
(a) Offense defined.--A person commits the offense of theft
of a motor vehicle certificate of inspection if he unlawfully
takes or attempts to take possession of, carries away or
exercises unlawful control over any certificate of inspection
issued to the owner of a motor vehicle pursuant to 75 Pa.C.S.
Ch. 47 (relating to inspection of vehicles), with the intent to
deprive the owner thereof.
(b) Grading.--An offense under this section is a summary
offense punishable by a fine of not less than $500.
Section 2. Section 4703(b) of Title 75 is amended by adding
a paragraph to read:
§ 4703. Operation of vehicle without official certificate of
inspection.
* * *
(b) Exceptions.--Subsection (a) does not apply to:
* * *
(14) A vehicle operating under section 4711 (relating to
theft of certificate of inspection).
* * *
Section 3. Title 75 is amended by adding a section to read:
§ 4711. Theft of certificate of inspection.
(a) Reporting and investigation.--
(1) Immediately upon discovering or being notified of
the theft of a certificate of inspection, the owner of the
vehicle or mass transit vehicle shall give notice to the
nearest office of an authorized police department.
(2) Every theft reported to a police department under
this section shall be investigated by a police officer.
Within 72 hours of initiating an investigation, a police
officer shall verify that a valid certificate of inspection
was issued for the vehicle in question in the manner
prescribed in section 4731 (relating to records of
inspections and certificates issued) and, if such a
verification is made, shall provide the owner of the vehicle
or mass transit vehicle a signed certificate of inspection
theft report.
(3) A police department that investigates a theft
reported under subsection (b) shall forward the report
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provided to the owner under paragraph (2) to the department
within 15 days.
(b) Operation of vehicle.--A vehicle or mass transit vehicle
for which a certificate of inspection has been stolen may be
driven for up to five days immediately following the date of
receipt of the theft report under subsection (a)(2), provided
that the operator of the vehicle possesses a copy of the theft
report when operating the vehicle or mass transit vehicle.
(c) Replacement of certificate of inspection.--Within the
five-day period authorized under subsection (b), an official
inspection station may affix to the vehicle or mass transit
vehicle another certificate of inspection for the same
inspection period without reinspecting the vehicle or mass
transit vehicle. A fee of no more than $2 plus the fee paid to
the department may be charged for exchanging the certificate of
inspection.
(d) Certificate of inspection theft report forms.--
(1) The department shall prepare and supply to all law
enforcement agencies and other appropriate agencies or
individuals forms for reporting certificate of inspection
theft as required in this section. The written report forms
shall call for sufficiently detailed information identifying,
at a minimum, the owner of the vehicle, all relevant
information relating to the vehicle and the name and address
of the official inspection station where the driver received
the certificate of inspection which is the subject of the
report.
(2) Every certificate of inspection theft report shall
be made on the appropriate form approved by the department
and shall contain all the information required therein unless
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not available.
(e) Penalty.--Any person who gives information in oral or
written reports required by this section knowing or having
reason to believe that the information is false commits a
summary offense and shall, upon conviction, be sentenced to pay
a fine of $200.
Section 4. This act shall take effect in 60 days.
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