Act 95 Passage Leaves Tens of Thousands of Pennsylvanians Under License Suspension

Retroactive Enforcement Needed for Pennsylvanians

Harrisburg, Pennsylvania – Act 95 was passed by Pennsylvania’s General Assembly and signed into law by Governor Tom Wolf earlier this year. The legislation ended the policy of suspending driver’s licenses for many non-driving related offenses. Support for this legislation was bipartisan and its passage has been celebrated; however, Act 95 was not enforced retroactively, leaving tens of thousands of Pennsylvanians on license suspension for years to come.

The passage of Act 95 was a critical step toward breaking down barriers for individuals involved in the criminal justice system. Having one’s driver’s license suspended makes it difficult to maintain or secure employment, provide for one’s family and contribute to society in a positive way. Pennsylvania’s General Assembly found license suspension for non-driving infractions to be unnecessarily harsh and affirmatively detrimental to rehabilitation. Despite the consensus on the issue, Act 95, as it was passed, only affects future suspensions and fails to address past suspensions, which means that tens of thousands of individuals are still under license suspension and will be until as late as 2026.

To make the law retroactive, Governor Wolf needs to issue an Executive Order. More than 30 local and national organizations are currently collaborating to send a letter to the Governor and the Pennsylvania Department of Transportation to urge the retroactive reinforcement in order to remove the unnecessary and difficult roadblocks for the thousands of Pennsylvanians still under non-driving infraction license suspension.

Equal Justice Under Law is a national law nonprofit based in Washington, D.C. and the organization coordinating efforts among the more than 30 organizations who will be signing onto the letter to Governor Wolf. Phil Telfeyan, Executive Director of Equal Justice Under Law, states, “The General Assembly understood that suspending a person’s driver’s license for a non-driving related infraction was unjust and counterproductive. Retroactive enforcement of Act 95 will mean that tens of thousands of Pennsylvanians currently under license suspension will be released from this burden, as the General Assembly intended with the passage of Act 95.”