Pennsylvania SB 779: An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in trade and commerce, providing for the offense of unlawful towing and towing storage facility practices; and imposing penalties.

Bill Text

HOUSE AMENDED
PRIOR PRINTER'S NOS. 843, 1820 PRINTER'S NO. 1862
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 779
Session of
2025
INTRODUCED BY PICOZZI, STREET, FONTANA, VOGEL, ROTHMAN, BROWN,
HAYWOOD, STEFANO, TARTAGLIONE, KEARNEY, PENNYCUICK, GEBHARD,
ROBINSON, PHILLIPS-HILL, LAUGHLIN, COLEMAN AND MILLER,
MAY 27, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 29, 2026
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in trade and commerce, providing for
the offense of unlawful towing and towing storage facility
practices; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
SECTION 1. THE GENERAL ASSEMBLY FINDS AND DECLARES THE
DESIRE TO PROMOTE SAFETY, HEALTH AND WELFARE FOR THE RESIDENTS
OF THIS COMMONWEALTH BY REQUIRING PROPER STANDARDS AND
PROCEDURES FOR TOWING AND RECOVERY OPERATIONS WITHIN THIS
COMMONWEALTH.
Section 1 2. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 7332. Unlawful towing and towing storage facility practices.
(a) Failure to meet operational requirements.--A tow truck
operator or the operator of a towing storage facility commits an
offense if the operator:
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(1) fails to maintain a physical street address
accessible to the public during posted business hours;
(2) operates a tow truck without proper registration
with the Department of Transportation;
(3) fails to display the name, address and telephone
number of the tow truck business on the tow truck; or
(4) fails to post towing fees, storage fees, related
service fees and hours of operation at the towing storage
facility.
(b) Improper towing conduct.--At the scene of a motor
vehicle accident, a tow truck operator commits an offense if the
tow truck operator:
(1) fails to provide the owner or operator of the motor
vehicle, if present, with a written notice containing the
name, address and telephone number of a point of contact for
motor vehicle retrieval;
(2) solicits or undertakes towing without being summoned
by the owner or operator of the motor vehicle, a law
enforcement officer or authorized municipal personnel; or
PERSONNEL. IF SUMMONED BY A LAW ENFORCEMENT OFFICER OR
AUTHORIZED MUNICIPAL PERSONNEL, THE SELECTION OF A TOW TRUCK
OPERATOR SHALL BE IN ACCORDANCE WITH A MUNICIPAL ROTATIONAL
TOWING ORDINANCE, IF APPLICABLE; OR
(3) secures the signature of the owner or operator of
the motor vehicle on a document authorizing motor vehicle
repair or storage for a duration of more than 24 hours as a
condition of towing.
(c) Unlawful motor vehicle retention and fees.--A tow truck
operator or the operator of a towing storage facility commits an
offense if the operator:
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(1) refuses, during posted hours of operation, to
release a towed motor vehicle to the owner or operator of the
motor vehicle, or an authorized representative of the owner
or operator of the motor vehicle, unless a law enforcement
officer has requested that the motor vehicle be held. Release
of the motor vehicle may be conditioned on the payment of
towing and storage and related services;
(2) fails to post, and when requested provide, towing
fees, storage fees, related service fees and hours of
operation at the towing storage facility;
(3) refuses to itemize in writing all charges to be paid
for the towed motor vehicle;
(4) refuses to accept payment in cash, credit card from
a common issuer or a check from an insurance company or
authorized tower or salvor acting on behalf of the insurance
company;
(5) charges a storage fee for a period during which
access to the motor vehicle has been unreasonably refused to
the owner or operator of the motor vehicle, or an authorized
representative of the owner or operator of the motor vehicle,
during posted business hours; or
(6) refuses to allow an authorized inspection of the
motor vehicle for the purposes specified under 75 Pa.C.S. §
1799.4 (relating to examination of vehicle repairs) or
section 11 of the act of December 29, 1972 (P.L.1713,
No.367), known as the Motor Vehicle Physical Damage Appraiser
Act.
(d) Grading PENALTIES .--
(1) A violation of subsection (a) is a summary offense
punishable by a fine of not more than $500 $750 per
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violation.
(2) For a second or subsequent violation of subsection
(a), the violation constitutes a summary offense IS
punishable by a fine of not more than $1,000 $1,500 .
(3) A violation of subsection (b) or (c) is a
misdemeanor of the third degree punishable by a fine of not
more than $2,500 or imprisonment for a term of not more than
one year, or both .
(4) For a second or subsequent violation of subsection
(b) or (c), the violation is a misdemeanor of t