[Congressional Record Volume 148, Number 104 (Friday, July 26, 2002)]
[Senate]
[Pages S7431-S7432]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORZINE (for himself and Mr. TORRICELLI):
  S. 2805. 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; to the Committee on Environment and Public 
Works.
  Mr. CORZINE. Mr. President, today I am introducing legislation to 
address the serious national problem of drunk driving. The bill, 
entitled ``John's Law of 2002,'' would help ensure that when drunken 
drivers are arrested, they cannot simply get back into the car and put 
the lives of others in jeopardy.
  On July 22, 2000, Navy Ensign John Elliott was driving home from the 
United States Naval Academy in Annapolis for his mother's birthday when 
his car was struck by another car. Both Ensign Elliott and the driver 
of that car were killed. The driver of the car that caused the 
collision had a blood alcohol level that exceeded twice the legal 
limit.
  What makes this tragedy especially distressing is that this same 
driver had

[[Page S7432]]

been arrested and charged with driving under the influence of alcohol, 
DUI, just three hours before the crash. After being processed for that 
offense, he had been released into the custody of a friend who drove 
him back to his car and allowed him to get behind the wheel, with 
tragic results.
  We need to ensure that drunken drivers do not get back behind the 
wheel before they sober up. New Jersey took steps to do this when they 
enacted John's Law at the State level. I am pleased to offer a Federal 
version of this legislation today.
  This bill would require States to impound the vehicle of an offender 
for a period of at least 12 hours after the offense. This would ensure 
that the arrestee cannot get back behind the wheel of his car until he 
is sober.
  Further, the bill would require States to ensure that if a DUI 
offender arrestee is released into the custody of another, that person 
must be provided with notice of his or her potential civil or criminal 
liability for permitting the arrestee's operation of a motor vehicle 
while intoxicated. While this bill does not create new liability under 
Federal law, notifying such individuals of their prospective liability 
under State law should encourage them to act responsibly.
  John's Law of 2002 is structured in a manner similar to other Federal 
laws designed to promote highway safety, such as laws that encourage 
states to enact tough drunk driving standards. Under the legislation, a 
portion of Federal highway funds would be withheld from States that do 
not comply. Initially, this funding could be restored if States move 
into compliance. Later, the highway funding forfeited by one State 
would be distributed to other States that are in compliance. Experience 
has shown that the threat of losing highway funding is very effective 
in ensuring that States comply.
  I believe that this legislation would help make our roads safer and 
save many lives. I hope my colleagues will support it, and I ask 
unanimous consent that the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2805

       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 at least 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 of driving while intoxicated laws; 
     and
       ``(III) meets any other conditions for release established 
     by the law enforcement agency.

       ``(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.''.
                                 ______