[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2805 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2805

  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

                             July 26, 2002

 Mr. Corzine (for himself and Mr. Torricelli) 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 2002''.

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.''.
                                 <all>