[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 192 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 192
To amend title 23, United States Code, to provide for criminal and
civil liability for permitting an intoxicated arrestee to operate a
motor vehicle.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 16, 2003
Mr. Corzine introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend title 23, United States Code, to provide for criminal and
civil liability for permitting an intoxicated arrestee to operate a
motor vehicle.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``John's Law of 2003''.
SEC. 2. LIABILITY FOR PERMITTING AN INTOXICATED ARRESTEE TO OPERATE A
MOTOR VEHICLE.
(a) In General.--Subchapter I of chapter 1 of title 23, United
States Code, is amended by adding at the end the following:
``Sec. 165. Liability for permitting an intoxicated arrestee to operate
a motor vehicle
``(a) Definition of Motor Vehicle.--In this section, the term
`motor vehicle' means a vehicle driven or drawn by mechanical power and
manufactured primarily for use on public highways, but does not include
a vehicle operated only on a rail.
``(b) Withholding of Apportionments for Noncompliance.--
``(1) Fiscal year 2005.--The Secretary shall withhold 5
percent of the amount required to be apportioned to any State
under each of paragraphs (1), (3), and (4) of section 104(b) on
October 1, 2004, if the State does not meet the requirements of
paragraph (3) on that date.
``(2) Subsequent fiscal years.--The Secretary shall
withhold 10 percent of the amount required to be apportioned to
any State under each of paragraphs (1), (3), and (4) of section
104(b) on October 1, 2005, and on October 1 of each fiscal year
thereafter, if the State does not meet the requirements of
paragraph (3) on that date.
``(3) Requirements.--A State meets the requirements of this
paragraph if the State has enacted and is enforcing a law that
is substantially as follows:
``(A) Written statement.--If a person is summoned
by or on behalf of a person who has been arrested for
public intoxication in order to transport or accompany
the arrestee from the premises of a law enforcement
agency, the law enforcement agency shall provide that
person with a written statement advising him of his
potential criminal and civil liability for permitting
or facilitating the arrestee's operation of a motor
vehicle while the arrestee remains intoxicated. The
person to whom the statement is issued shall
acknowledge, in writing, receipt of the statement, or
the law enforcement agency shall record the fact that
the written statement was provided, but the person
refused to sign an acknowledgment. The State shall
establish the content and form of the written statement
and acknowledgment to be used by law enforcement
agencies throughout the State and may issue directives
to ensure the uniform implementation of this
subparagraph. Nothing in this subparagraph shall impose
any obligation on a physician or other health care
provider involved in the treatment or evaluation of the
arrestee.
``(B) Impoundment of vehicle operated by arrestee;
conditions of release; fee for towing, storage.--
``(i) If a person has been arrested for
public intoxication, the arresting law
enforcement agency shall impound the vehicle
that the person was operating at the time of
arrest.
``(ii) A vehicle impounded pursuant to this
subparagraph shall be impounded for a period of
12 hours after the time of arrest or until such
later time as the arrestee claiming the vehicle
meets the conditions for release in clause
(iv).
``(iii) A vehicle impounded pursuant to
this subparagraph may be released to a person
other than the arrestee prior to the end of the
impoundment period only if--
``(I) the vehicle is not owned or
leased by the person under arrest and
the person who owns or leases the
vehicle claims the vehicle and meets
the conditions for release in clause
(iv); or
``(II) the vehicle is owned or
leased by the arrestee, the arrestee
gives permission to another person, who
has acknowledged in writing receipt of
the statement to operate the vehicle
and the conditions for release in
clause (iv).
``(iv) A vehicle impounded pursuant to this
subparagraph shall not be released unless the
person claiming the vehicle--
``(I) presents a valid operator's
license, proof of ownership or lawful
authority to operate the vehicle, and
proof of valid motor vehicle insurance
for that vehicle;
``(II) is able to operate the
vehicle in a safe manner and would not
be in violation driving while
intoxicated laws; and
``(III) meets any other conditions
for release established by the law
enforcement agency.
``(v) A law enforcement agency impounding a
vehicle pursuant to this subparagraph is
authorized to charge a reasonable fee for
towing and storage of the vehicle. The law
enforcement agency is further authorized to
retain custody of the vehicle until that fee is
paid.
``(c) Period of Availability; Effect of Compliance and
Noncompliance.--
``(1) Period of availability of withheld funds.--Any funds
withheld under subsection (b) from apportionment to any State
shall remain available until the end of the fourth fiscal year
following the fiscal year for which the funds are authorized to
be appropriated.
``(2) Apportionment of withheld funds after compliance.--
If, before the last day of the period for which funds withheld
under subsection (b) from apportionment are to remain available
for apportionment to a State under paragraph (1), the State
meets the requirements of subsection (a)(3), the Secretary
shall, on the first day on which the State meets the
requirements, apportion to the State the funds withheld under
subsection (b) that remain available for apportionment to the
State.
``(3) Period of availability of subsequently apportioned
funds.--
``(A) In general.--Any funds apportioned under
paragraph (2) shall remain available for expenditure
until the end of the third fiscal year following the
fiscal year in which the funds are so apportioned.
``(B) Treatment of certain funds.--Any funds
apportioned under paragraph (2) that are not obligated
at the end of the period referred to in subparagraph
(A) shall be allocated equally among the States that
meet the requirements of subsection (a)(3).
``(4) Effect of noncompliance.--If, at the end of the
period for which funds withheld under subsection (b) from
apportionment are available for apportionment to a State under
paragraph (1), the State does not meet the requirements of
subsection (a)(3), the funds shall be allocated equally among
the States that meet the requirements of subsection (a)(3).''.
(b) Conforming Amendment.--The analysis for subchapter I of chapter
1 of title 23, United States Code, is amended by adding at the end the
following:
``165. Liability for permitting an intoxicated arrestee to operate a
motor vehicle.''.
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