[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1236 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1236

   To amend title 23, United States Code, to provide for a national 
program concerning motor vehicle pursuits by law enforcement officers, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 1997

  Mr. Dorgan introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To amend title 23, United States Code, to provide for a national 
program concerning motor vehicle pursuits by law enforcement officers, 
                        and for other purposes.

    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 ``National Police Pursuit Policy Act 
of 1997''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) in 1996--
                    (A) 377 deaths occurred in the United States as a 
                result of high-speed motor vehicle pursuits; and
                    (B) 103 of those deaths were police officers or 
                innocent bystanders who died as a result of high-speed 
                motor vehicle pursuits;
            (2) in 1995, of the high-speed motor vehicle pursuits 
        conducted during that year, approximately--
                    (A) 40 percent resulted in accidents;
                    (B) 20 percent resulted in injury; and
                    (C) 1 percent resulted in death;
            (3) a recent study found that approximately 60 percent of 
        high-speed motor vehicle pursuits resulted from pursuits that 
        were not related to felony offenses;
            (4) an insufficient amount of statistical data and 
        documentation concerning high-speed motor vehicle pursuits is 
        available;
            (5) a recent study found that although only 31 percent of 
        law enforcement agencies maintain consistent records on motor 
        vehicle pursuits made by law enforcement officers, 71 percent 
        of those agencies were able to provide data on the number of 
        high-speed motor vehicle pursuits conducted;
            (6) a recent study found that--
                    (A) 73 percent of the law enforcement officers 
                polled had been involved in a high-speed motor vehicle 
                pursuit during the 12-month period preceding the date 
                of the polling; and
                    (B) 40 percent of those officers reported that an 
                accident resulted from a high-speed motor vehicle 
                pursuit in which the officer participated;
            (7) a recent study found that most law enforcement recruits 
        who receive training to become law enforcement officers receive 
        only an average of 14 hours of training for driving skills, and 
        a majority of that time is used to provide training in the 
        mechanics of driving instead of providing practice for safe and 
        effective high-speed motor vehicle pursuit procedures; and
            (8) a recent study found that an increased emphasis on the 
        high-speed motor vehicle pursuit policies, procedures, and 
        training decreases the occurrence of high-speed motor vehicle 
        pursuits, as the recruits who receive training that includes 
        special training for effective high-speed motor vehicle 
        pursuits were less likely to engage in those pursuits.

SEC. 3. MOTOR VEHICLE PURSUIT REQUIREMENTS FOR STATE HIGHWAY SAFETY 
              PROGRAMS.

    Section 402(b)(1) of title 23, United States Code, is amended--
            (1) in each of subparagraphs (A) through (D), by striking 
        the period at the end and inserting a semicolon;
            (2) in subparagraph (E), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
            ``(F) on and after January 1, 1999, have in effect 
        throughout the State--
                    ``(i) a law that--
                            ``(I) makes it unlawful for the driver of a 
                        motor vehicle to increase speed or to take any 
                        other deliberately evasive action if a law 
                        enforcement officer clearly signals the driver 
                        to stop the motor vehicle; and
                            ``(II) provides that any driver who 
                        violates that law shall be subject to a minimum 
                        penalty of--
                                    ``(aa) imprisonment for a period of 
                                not less than 3 months; and
                                    ``(bb) seizure of the motor vehicle 
                                at issue; and
                    ``(ii) a requirement that each State agency and 
                each agency of a political subdivision of the State 
                that employs law enforcement officers who, in the 
                course of employment, may conduct a motor vehicle 
                pursuit shall--
                            ``(I) have in effect a policy that meets 
                        requirements that the Secretary shall establish 
                        concerning the manner and circumstances in 
                        which a motor vehicle pursuit may be conducted 
                        by law enforcement officers;
                            ``(II) train all law enforcement officers 
                        of the agency in accordance with the policy 
                        referred to in subclause (I); and
                            ``(III) for each fiscal year, transmit to 
                        the chief executive officer of the State a 
                        report containing information on each motor 
                        vehicle pursuit conducted by a law enforcement 
                        officer of the agency.''.

SEC. 4. REPORTING REQUIREMENT.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Attorney General of the United States, the 
Secretary of Agriculture, the Secretary of the Interior, the Secretary 
of the Treasury, the Chief of the Capitol Police, and the Administrator 
of General Services shall each transmit to Congress a report 
containing--
            (1) the policy of the department or agency headed by that 
        individual concerning motor vehicle pursuits by law enforcement 
        officers of that department or agency; and
            (2) a description of the procedures that the department or 
        agency uses to train law enforcement officers in the 
        implementation of the policy referred to in paragraph (1).
    (b) Requirement.--Each policy referred to in subsection (a)(1) 
shall meet the requirements established by the Secretary of 
Transportation pursuant to section 402(b)(1)(F)(ii)(I) of title 23, 
United States Code, concerning the manner and circumstances in which a 
motor vehicle pursuit may be conducted.
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