[Congressional Record Volume 143, Number 132 (Monday, September 29, 1997)]
[Senate]
[Pages S10175-S10176]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DORGAN:
  S. 1236. 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; to the Committee on Commerce, 
Science, and Transportation.


             the national police pursuit policy act of 1997

  Mr. DORGAN. Mr. President, when Police Chief John Whetsel pulled up 
to the scene of a fiery car wreck, he never expected to recognize the 
charred remains of a familiar vehicle. After receiving word that a 
highway patrol cruiser's 100-miles-per-hour pursuit of a fleeing 
motorcycle had led to a terrible accident involving several bystanders, 
Chief Whetsel hurried to the scene.
  Upon his arrival, Chief Whetsel quickly recognized his family's 
smoldering automobile and let out a long cry of anguish as he 
discovered that his wife and two daughters were the victims of this 
terrible accident. Unfortunately, 1995 statistics show that 40 percent 
of all high-speed pursuits end in accidents, causing needless death and 
injury to our Nation's families.
  I certainly understand the pain that Chief Whetsel endured. My mother 
was killed in a high-speed police chase on her drive from a local 
Bismarck, ND hospital. Eyewitnesses say that the speed of this chase 
was 80 to 100 miles an hour through the city streets. She died as the 
drunk lawbreaker fishtailed his pickup truck racing away from pursuing 
officers. She was a wonderful woman, and it was a senseless and painful 
loss of life.
  There are countless other tragic examples. In fact, there is an 
entire organization, called STOPP, dedicated to raising the awareness 
of the dangers of high speed police pursuits. The members of their 
board have very strong convictions on this issue, for each of them also 
lost a family member or a friend who was an innocent victim of a high 
speed chase.
  Mr. President, today I rise to introduce the National Police Pursuit 
Policy Act of 1997. It is my hope that this legislation, if enacted, 
would help prevent tragic losses like the episode that occurred to 
Chief Whetsel, my family, and so many others. High speed chases are 
dangerous and occur too frequently, and the human losses resulting from 
high-speed police pursuits in the last several years continue to mount. 
While we are finally seeing some initiative being taken by various 
States and local communities to address this problem, these efforts 
must extend to all State and local jurisdictions in this country to 
attack the problem.
  According to the U.S. Department of Transportation, there were 377 
deaths nationwide in 1996, and 27 percent of these deaths were police 
officers or innocent bystanders that died as a result of high-speed 
chases. Many chases begin as motorists--whether out of fright, panic, 
or guilt--flee at high speeds instead of pulling over when a police 
vehicle turns on its lights and siren. Unfortunately, some police 
become determined to apprehend the fleeing motorists at all costs, and 
an alarming 60 percent of all police pursuits originate from minor 
traffic violations. The result is that the safety of the general 
public--and the dangers that are created by high-speed chases in city 
traffic--become secondary to catching someone whose initial offense may 
have been no greater than driving a car with a broken tail-light.
  Increased training and education are essential in addressing this 
problem. Every single law enforcement jurisdiction in the United States 
must adopt a reasoned, and well-balanced pursuit policy. With 73 
percent of all police officers reporting that they have been involved 
in a high-speed pursuit in the last 12 months, these officers need 
specialized training in this area. Currently, new studies show that on 
average only 14 hours of driver training is provided to new law 
enforcement recruits, with the majority of this time used for the 
mechanics of driving rather than practicing safe and effective high-
speed pursuit procedures. In addition, statistics show that there is a 
decrease in high-speed pursuits when law enforcement officers are 
properly trained in this area.
  Specific training on departmental pursuit policies and regular 
followup training is necessary to guarantee that all citizens, both 
civilians and police, receive the benefit of uniform awareness of this 
problem. There must be a national realization that there are 
circumstances in which police should not conduct a chase, and our 
officers should be commended for making these important, lifesaving 
choices. A drive across country should not be a ``pot luck'' regarding 
one's chances of being maimed or killed by a police pursuit.
  I want to stress that the police are not the villains here. It is the 
folks that run from the police who are the villains. We must focus on 
the fleeing lawbreakers who are initiating these chases. The punishment 
for fleeing the police should be certain and severe. People should be 
aware that if they flee they will pay a big price for doing so.
  The legislation that I am introducing today would require the 
enactment of State laws making it unlawful for the driver of a motor 
vehicle to take evasive action if pursued by police and would establish 
a standard minimum penalty of 3 months imprisonment and the seizure of 
the driver's vehicle. In addition, my bill would require each law 
enforcement agency to establish a hot-pursuit policy and provide that 
all officers receive adequate training in accordance with that policy.
  Mr. President, this public safety problem is not an easy issue to 
solve. I understand that it will always be difficult for police 
officers to judge when a chase is getting out of hand and when public 
safety would be served best by holding back. However, it can improve 
the situation if we ensure that police officers are trained on how best 
to make these difficult judgments, and if we send a message to 
motorists that if you flee, you will do time in jail and lose your car.

[[Page S10176]]

  I believe that these requirements, if passed, will demonstrate strong 
and uniform Federal leadership in response to this problem. 
Consequently, I ask unanimous consent that the full text of this bill 
be printed in the Record, and I urge my colleagues to support this 
important measure.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1236

       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.

                          ____________________