75 Pa. Cons. Stat. § 6323

Reports by courts.

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§ 6323. Reports by courts.

Subject to any inconsistent procedures and standards relating to reports and transmission of funds prescribed pursuant to Title 42 (relating to judiciary and judicial procedure):

(1) The following shall apply:

(i) The clerk of any court of this Commonwealth, within ten days after final judgment of conviction or acquittal or other disposition of charges under any of the provisions of this title or under section 13 of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, including an adjudication of delinquency or the granting of a consent decree, shall send to the department a record of the judgment of conviction, acquittal or other disposition.

(ii) The following shall apply:

(A) The clerk of any court of this Commonwealth shall, by January 1, 2016, send to the department each record of the following, including an adjudication of delinquency or the granting of a consent decree, that was not sent within ten days after final judgment of conviction or acquittal or other disposition:

(I) A judgment of conviction, adjudication of delinquency or a granting of a consent decree under section 13 of The Controlled Substance, Drug, Device and Cosmetic Act.

(II) A judgment of conviction, adjudication of delinquency or a granting of a consent decree under section 1532(c) (relating to suspension of operating privilege) for a conviction of any offense involving the possession, sale, delivery, offering for sale, holding for sale or giving away of any controlled substance under the laws of the United States, this Commonwealth or any other state.

(B) A filing made under this subparagraph shall be valid for the purposes of this title.

(2) A record of the judgment shall also be forwarded to the department upon conviction or acquittal of a person of a felony, a misdemeanor of the first degree or a misdemeanor of the second degree in the commission of which the judge determines that a motor vehicle was essentially involved.

(3) The fines and bail forfeited under any of the provisions of this title payable to the Commonwealth under Subchapter E of Chapter 35 of Title 42 (relating to fines, etc.) shall accompany the record sent to the department.

(4) The record of judgment required to be sent to the department by paragraphs (1) and (2) shall indicate if the vehicle driven by the person was a commercial motor vehicle.

(5) The record of judgment required to be sent to the department by paragraphs (1) and (2) shall indicate if the court ordered the defendant to a term of prison.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 15, 1982, P.L.1268, No.289, eff. 30 days; May 30, 1990, P.L.173, No.42, eff. Nov. 1, 1990; June 28, 1993, P.L.137, No.33, eff. 60 days; July 2, 1993, P.L.408, No.58, eff. 60 days; Feb. 10, 1994, P.L.20, No.3, eff. 60 days; Dec. 21, 1998, P.L.1126, No.151, eff. 60 days; Oct. 27, 2014, P.L.2905, No.189, eff. imd.)

2014 Amendment. Act 189 amended par. (1).

1998 Amendment. Act 151 added par. (5).

Suspension by Court Rule. Section 6323 was suspended by Pennsylvania Rule of Criminal Procedure No. 1101(2), adopted March 1, 2000, insofar as it is inconsistent with Rule 470.

Cross References. Section 6323 is referred to in sections 1553, 1585 of this title.

Notes of Decisions

Cited in 36 cases (5 in the last 5 years), 1986–2024 · leading case: S. Middaugh v. PennDOT, Bureau of Driver Licensing

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S. Middaugh v. PennDOT, Bureau of Driver Licensing (2018) pacommwct · cites it 3× “Licensee appealed the suspension to common pleas, asserting that, pursuant to Section 6323(1)(i) of the Vehicle Code, 75 Pa. C.S. § 6323(1)(i), OJS was to notify the Department of his conviction within 10 days, but this notification did not occur for approximately 860 days.”

Gingrich v. Commonwealth, Department of Transportation, Bureau of Driver Licensing (2016) pacommwct · cites it 2× “75 Pa. C.S § 6323(l)(i) (emphasis added).”

Freundt v. Com. Dept. of Transp. (2005) pa · cites it 2× “Pursuant to 75 Pa.C.S. § 6323(1), the clerk of courts of Carbon County sent sixteen separate reports of Appellee's convictions to PennDot.”

COM., DEPT. OF TRANSP. v. Johns (1993) pacommwct · cites it 8× “§ 1532(a), provides for revocation of the operating privileges of a driver when "a court determines that a vehicle was essentially involved" in the commission of a felony, and 75 Pa.C.S. § 6323 of the Code states that the clerk of a court shall forward to DOT a record of the…”

Gifford v. Commonwealth, Department of Transportation, Bureau of Driver Licensing (2017) pacommwct · cites it 3× “The trial court rejected this argument by distinguishing the precedent relied upon by PennDOT and finding guidance in Section 6323(1)(i) of the Code, 75 Pa. C.S. § 6323(1)(i), 4 which directs OJS to report convictions to PennDOT “within ten days after final judgment of…”

Rawson v. Commonwealth, Department of Transportation, Bureau of Driver Licensing (2014) pacommwct · cites it 2× “Pursuant to Section 6323 of the Vehicle Code, 75 Pa.C.S. § 6323, the Clerk of Courts has a legal obligation to submit a Conviction Report to the Department when there is a conviction for a checked-box offense.”

Capizzi v. PennDOT, Bureau of Driver Licensing (2016) pacommwct “It notes that here the Beaver County Clerk of Courts was responsible for notifying the Department of Capizzi's Drug Act conviction in a timely manner in accordance with 75 Pa.C.S. § 6323. The Department further notes that it exercises no control over the clerks of courts and…”

Commonwealth v. Green (1988) pacommwct “As the above chronology shows, although DOT acted with reasonable promptness in issuing the second suspension notice within three weeks of receiving notification of the conviction, the clerk of court was guilty of an egregious delay of fourteen months, contrary to 75 Pa. C. S.…”

Pokoy v. Commonwealth, Department of Transportation, Bureau of Driver Licensing (1998) pacommwct “In accordance with Section 6323(1) of the Code, 75 Pa.C.S. § 6323(1), the Clerk of Courts was required to send notice of Appellant’s conviction to DOT within ten days of the judgment.”

D. O'Connor v. Bureau of Driver Licensing (2018) pacommwct · cites it 3× “He further asserts that while Pennsylvania Rule of Criminal Procedure (Rule) 771(A) imposes a duty on clerks of courts to report to the Department the disposition of charges required by Section 6323 of the Vehicle Code, 75 Pa. C.S. § 6323, by electronic submission on a form…”

Commonwealth v. Claypool (1992) pacommwct “2 In Chappell this court reviewed section 6323 of the Vehicle Code, 75 Pa.C.S. § 6323, which also provides that the court clerk shall send a record of a conviction to the department within ten days of the date of conviction.”

COM., DEPT. OF TRANSP. v. Kappas (1993) pacommwct · cites it 2× “" [2] 75 Pa.C.S. § 6323(2) provides that the clerk of court shall forward to the Department a record of the judgment upon conviction "of a person of a felony .”

Show all 36 citing cases →

— 75 Pa. Cons. Stat. § 6323(1) — 7 cases

Freundt v. Com. Dept. of Transp. (2005) pa “Pursuant to 75 Pa.C.S. § 6323(1), the clerk of courts of Carbon County sent sixteen separate reports of Appellee's convictions to PennDot.”

Rawson v. Commonwealth, Department of Transportation, Bureau of Driver Licensing (2014) pacommwct “Pursuant to Section 6323 of the Vehicle Code, 75 Pa.C.S. § 6323, the Clerk of Courts has a legal obligation to submit a Conviction Report to the Department when there is a conviction for a checked-box offense.”

Hoover v. Commonwealth, Department of Transportation, Bureau of Driver Licensing (1999) pacommwct

S.A. Shoup v. Bureau of Driver Licensing (2019) pacommwct

— 75 Pa. Cons. Stat. § 6323(1)(i) — 18 cases

S. Middaugh v. PennDOT, Bureau of Driver Licensing (2018) pacommwct “Licensee appealed the suspension to common pleas, asserting that, pursuant to Section 6323(1)(i) of the Vehicle Code, 75 Pa. C.S. § 6323(1)(i), OJS was to notify the Department of his conviction within 10 days, but this notification did not occur for approximately 860 days.”

Gifford v. Commonwealth, Department of Transportation, Bureau of Driver Licensing (2017) pacommwct “The trial court rejected this argument by distinguishing the precedent relied upon by PennDOT and finding guidance in Section 6323(1)(i) of the Code, 75 Pa. C.S. § 6323(1)(i), 4 which directs OJS to report convictions to PennDOT “within ten days after final judgment of…”

D. O'Connor v. Bureau of Driver Licensing (2018) pacommwct “He further asserts that while Pennsylvania Rule of Criminal Procedure (Rule) 771(A) imposes a duty on clerks of courts to report to the Department the disposition of charges required by Section 6323 of the Vehicle Code, 75 Pa. C.S. § 6323, by electronic submission on a form…”

J.L. Janes, Jr. v. PennDOT, Bureau of Driver Licensing (2017) pacommwct

M. Fahad v. Bureau of Driver Licensing (2019) pacommwct

— 75 Pa. Cons. Stat. § 6323(1)(ii) — 2 cases

S.M. Smires v. D. O'Shell and PennDOT (2015) pacommwct

— 75 Pa. Cons. Stat. § 6323(2) — 2 cases

COM., DEPT. OF TRANSP. v. Kappas (1993) pacommwct “" [2] 75 Pa.C.S. § 6323(2) provides that the clerk of court shall forward to the Department a record of the judgment upon conviction "of a person of a felony .”

Stephenson v. Commonwealth (1988) pacommwct

— 75 Pa. Cons. Stat. § 6323(5) — 1 case

Com. of PA v. A.D. Heath (2024) pacommwct

— 75 Pa. Cons. Stat. § 6323(l)(i) — 2 cases

Gingrich v. Commonwealth, Department of Transportation, Bureau of Driver Licensing (2016) pacommwct “75 Pa. C.S § 6323(l)(i) (emphasis added).”

S.A. Shoup v. Bureau of Driver Licensing (2019) pacommwct

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