§931. Disposition of nonresident offenders.

Subject to any inconsistent regulations or rules prescribed pursuant to 42 Pa.C.S. § 3502 (relating to financial regulations):

(1) Except as otherwise provided in paragraph (2), upon the apprehension of a nonresident of this Commonwealth for any violation of this title that is a summary offense, the officer whose duty it is to enforce this title shall issue a citation as provided by the Pennsylvania Rules of Criminal Procedure unless the nonresident offender elects to proceed under section 926 (relating to acknowledgment of guilt and receipt for payment).

(2) An officer whose duty it is to enforce this title shall be authorized to arrest a nonresident for a summary offense violation of this title and escort him to the appropriate issuing authority for a hearing, posting of bond or payment of the applicable fine and costs only when one or more of the following circumstances exist:

(i) The nonresident offender refuses to accept a citation from the officer.

(ii) The nonresident offender fails to provide positive identification showing his mailing address.

(iii) The officer has reasonable grounds to believe the nonresident offender is a repeat offender under this title.

(iv) The officer has reasonable grounds to believe the nonresident offender is hunting while his hunting privileges are suspended or furtaking while his furtaking privileges are suspended.

(v) The officer has reasonable grounds to believe the nonresident offender has failed to respond to a citation issued under this title or to pay assessed fines or penalties for a prior offense under this title.

(vi) The officer has reasonable grounds to believe the nonresident offender may pose a threat of harm to another person or property or to himself or herself.

(vii) The officer has reasonable grounds to believe the nonresident offender will not appear as required if issued a citation.

The officer shall not exercise his authority to arrest a nonresident under this paragraph if the nonresident offender chooses to place the amount of the applicable fine and costs in a stamped envelope addressed to the appropriate issuing authority and mails the envelope in the presence of the officer.

(3) The amount of fine and costs to be mailed to the issuing authority under paragraph (2) may be paid in cash, personal or other check, credit card or guaranteed arrest bond.

(4) The officer shall give the nonresident offender a receipt for payment, a copy of which shall be mailed with the payment and a copy retained by the officer.

(Dec. 21, 1998, P.L.1274, No.166, eff. July 1, 1999)