OFFICIAL OPINION No. 17

OFFICIAL OPINION No. 17 Statutes-Construction of section, several amendments during 1957 legislative ses- sion-The Vehicle Code-Section 1201 of the Act of May 1, 1929, P. L. 905, as amended. 1. Section 1201 with Act of June 14, 1957, P. L. 313, incorporated therein, directs that all information charging violations of The Vehicle Code in the city of Philadelphia be brought before any magistrate of the traffic court of Phila- delphia, rather than before the nearest available magistrate as heretofor. 2. Section 1201 with Act of June 21, 1957, P. L. 356, incorporated therein, authorizes police officers in cities of the second class to present alleged offenders of The Vehicle Code a notice to appear in the central traffic court. 3. Section 1201 with Act of July 3, 1957, P. L. 470, incorporated therein, per- mits a police officer making an arrest on any turnpike to file the information before the nearest available magistrate within the county where the alleged vio- lation occurred in either direction from the first exit, interchange or emergency exit, and in addition thereto permits a prosecution for a misstatement of facts made in any application or affidavit filed with the Secretary of Revenue to be prosecuted in the county where the application was filed or in Dauphin County where the application was received by the Secretary. 4. Section 1201 with Act of July 5, 1957, P. L. 497, incorporated therein, re- quires that informations charging violations of The Vehicle Code shall contain such information as the Secretary of Revenue deems necessary for his records. Harrisburg, Pa., October 7, 1957. Honorable E. J. Henry, Commissioner, Pennsylvania State Police, Harrisburg, Pennsylvania. Sir: You have requested advice as to the wording of § 1201 of the Act of May 1, 1929, P. L. 905, known as The Vehicle Code, as a result of that section having been amended by the following acts: Act of June 14, 1957, P. L. 313; Act of June 21, 1957, P. L. 356; Act of July 3, 1957, P. L. 470; and Act of July 5, 1957, P. L. 497. The Act of June 14, 1957, P. L. 313, directs that all informations charging violations Df The Vehicle Code in the City of Philadelphia be brought before any magistrate of the Traffic Court of Philadelphia, rather than before the nearest available magistrate. The Act of June 21, 1957, P. L. 356, authorizes police officers in cities of the second class to present alleged offenders of The Vehicle Code a notice to appear in central traffic court. The Act of July 3, 1957, P. L. 470, vests authority in a police officer making an arrest on a turnpike to file the information before the OPINIONS OF THE ATTORNEY GENERAL 93 nearest available magistrate within the county where the alleged violation occurred in either direction from the first exit, interchange or emergency exit. The amendment also permits prosecution for a misstatement of facts made in any application or affidavit filed with the Secretary of Revenue to be prosecuted in the county where the application was filled in or in Dauphin County where the application was received by the Secretary. The Act of July 5, 1957, P. L. 497, requires that informations charging violations shall contain such information as the Secretary of Revenue deems necessary for his records. The Statutory Construction Act, the Act of May 28, 1937, P. L. 1019, § 75, as amended by the Act of May 27, 1953, P. L. 242, § 1, 46 P. S. § 575, specifically states: "Whenever two or more amendments to the same provision of a law are enacted at the same or different sessions, one amendment overlooking and making no reference to the other or others, the changes in the law made by each shall be given effect and all the amendments shall be read into each other. * 1t' *" You are advised, therefore, that § 1201, as amended by the 1957 session of the General Assembly, is as follows: Section 1201. Limitations of Actions.-(a) Informations, charging violations of any of the summary provisions of this act in such detail as the department may prescribe as being necessary for its records, shall be brought before the nearest available magistrate within the city, borough, incorporated town, or township in the county where the alleged violation occurred, except for informations charging any such violations in the City of Philadelphia which shall be brought before any magistrate of the Traffic Court of Philadelphia, and except violation of section 620, subsection (j), shall be determined to have occurred in the county where the affidavit was sworn to, or where the form was filled in, or in Dauphin County where the application or form was received by the department, and except information charging any such violation upon any turnpike or highway under the super- vision of the Pennsylvania Turnpike Commission, which shall be brought before the available magistrate within the county where the alleged violation occurred who is nearest in either direction to the first exit or interchange or emergency exit from that part of the turnpike or highway where the alleged violation occurred; where there is no substantial difference between the respective distances from the place where the alleged violation occurred or 'the exit or interchange or 94 OPINIONS OF THE ATTORNEY GENERAL emergency exit from a turnpike to the offices of more than one magis- trate, any such prosecution may be brought before any one of such magistrates, or if there is no person holding the office of magistrate in such city, borough, incorporated town, or township, then such in- formation shall be brought before such nearest available magistrate in any adjoining city, borough, incorporated town, or township in the county, within fifteen (15) days after the commission of the alleged qffense and not thereafter, except that where an information is filed against a person prima facie guilty of a summary offense, and it sub- sequently appears that a person other than the person named in the information was the offender, an information may be filed against such other person within fifteen (15) days after his or her identity shall have been discovered, and excepting further, that informations charging violations of the provisions of §§ 205, 207, 210, 212, 213, 406.1, 506(a), 511, 610.1, 620(b), (c), (j), 813, 823.1, 1023.1 and 1025(d) of this act may be brought within fifteen (15) days after it is dis- covered that a violation of any of these sections has been committed. (b) Where the offense committed is designated a felony or mis- demeanor, information may be filed as now provided by law. ( c) Any salaried police officer, excluding any person compensated solely or in part by fees, who shall be a member of a police depart- ment organized and operating under the authority of cities of the first, second and third class, borough, incorporated town or township of the first class, when in uniform and exhibiting his badge or other sign of authority, whenever a summary offense as described in this act is committed in his presence, shall be vested with the authority to stop and present to the alleged offender a printed notice to appear before the nearest available magistrate, or in cities of the first class or cities of the second class, any magistrate sitting in the central traffic court. The notice shall have the full force and effect of a summons issued in the name of the Commonwealth. The notice to appear shall bear the name and address of the alleged offender, his operator's license and the license number and type of vehicle or other means of identification, if a pedestrian, the nature of the offense charged, the location, date and time when and where the alleged offense took place, and shall be signed by the police officer issuing the notice, and shall bear his num- ber, and date and time for the appearance of the offender before the nearest available magistrate having jurisdiction over summary of- fenses as defined by this act. The date and time for appearance shall be not less than five (5) days nor more than fifteen (15) days of the date of the alleged offense. Within twenty-four '{24) hours after presenting to the alleged offender, the printed notice, as provided herein, the police officer shall file a sworn information, charging the OPINIONS OF THE ATTORNEY GENERAL 95 violation of the specific summary provisions of this act in such detail as the department may prescribe as being necessary for its records, with the court having jurisdiction under this act. (d) Any person who receives from a police officer a notice to appear, as provided in subsection (c) of this section, has the privilege of pay- ing the prescribed fine to such magistrate before or within the time specified in the notice to appear by entering a pleas of guilty and waiving appearance in court. The court, upon accepting the fine, shall issue a receipt to such person acknowledging payment thereof, and shall immediately record the payment upon the docket. (eL 4._,J ailure to respond to the notice to appear, provided in sub- section (c) of this section, shall have the same effect as a failure to appear in cases wherein the proceedings are commenced by the filing of information under this act. Very truly yours, DEPARTMENT OF JUSTICE, FREDERIC G. ANTOUN, Deputy Attorney General. THOMAS D. McBRIDE, Attorney General.