Session: 2023-2024
ACLU-PA Position: Support
SB 1118 (PN 1945) would prevent judges from suspending a person's driver’s license for either (1) nonpayment of traffic fines or (2) failure to respond to a citation unless the court holds a hearing where the defendant is present and found able to pay.
In making this determination, the bill would guarantee that courts follow the well-defined procedure under 42 Pa.C.S. § 9730 that governs how to determine a defendant's ability to pay when they've defaulted on payments. SB 1118 would also give people additional time to respond to an initial citation (an increase from 15 to 30 days).
Furthermore, SB 1118 would explicitly permit judges to offer a range of options to defendants whom the court determines cannot afford to pay—defendants can have their fines and costs waived, be placed on an affordable payment plan, or perform community service in lieu of payment—all without ever having their driver’s licenses suspended or being subjected to unjust incarceration.
In other words, only individuals who are found able to pay at a hearing will have their driver’s licenses suspended (and will likely immediately pay what is necessary to avoid the suspension). If implemented properly by courts, almost no licenses should ever be suspended because of nonpayment.
SB 1118 is a first step towards alleviating the archaic and overly punitive practice of suspending a person's driver's license as punishment for an inability to pay fines and costs or failing to respond to a citation. Many states have eliminated this shameful practice, largely because it disproportionately affects poor and rural residents and severely hinders workforce development.
SB 1118 would greatly reduce the chances that low-income Pennsylvanians will have their licenses suspended for nonpayment or failure to respond or jailed simply because they can't afford to pay a traffic ticket.
Governor Shapiro signed SB 1118 into law on October 31, 2024 as Act 138 of 2024.
For more information about Act 138, see our guide: ACLU-PA Drivers License Suspension Guide for Nonpayment of Fines, Costs, and Restitution (including changes under Act 138 of 2024).
Visit aclupa.org/finesandcosts for more ACLU-PA resources on court debt.
