THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SCAVELLO, AUMENT, BENNINGHOFF, BOYD, CARROLL, CLYMER, CREIGHTON, CUTLER, DeLUCA, DONATUCCI, EVERETT, FLECK, GROVE, HARRIS, HORNAMAN, KNOWLES, KOTIK, MANN, MILLER, MUNDY, MURT, PAYNE, PEIFER, PETRI, ROSS, SCHRODER, K. SMITH, STABACK, STEPHENS, STURLA, SWANGER, VEREB AND VULAKOVICH, MARCH 14, 2011

REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 14, 2011  

AN ACT

Amending Titles 42 (Judiciary and Judicial Procedure) and 75

(Vehicles) of the Pennsylvania Consolidated Statutes, further

providing for municipal corporation portion of fines;

establishing the Municipal Law Enforcement Accreditation

Fund; and further providing for speed timing devices and for

State and local powers.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3573(b) of Title 42 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 3573.  Municipal corporation portion of fines, etc.

* * *

(b)  Vehicle offenses.--

(1)  When prosecution under the provisions of Title 75

(relating to vehicles) for parking is the result of local

police action, all fines, forfeited recognizances and other

forfeitures imposed, lost or forfeited shall be payable to

the municipal corporation under which the local police are

organized.

(2)  Except as provided in [paragraph] paragraphs (3) and 

(4), when prosecution under any other provision of Title 75

(except Chapter 77 (relating to snowmobiles)) is the result

of local police action, one-half of all fines, forfeited

recognizances and other forfeitures imposed, lost or

forfeited shall be payable to the municipal corporation under

which the local police are organized.

(3)  When prosecution under 75 Pa.C.S. § 3802 (relating

to driving under influence of alcohol or controlled

substance) is the result of local police action, 50% of all

fines, forfeited recognizances and other forfeitures imposed,

lost or forfeited shall be payable to the municipal

corporation under which the local police are organized, and

50% shall be payable to the county which shall be further

divided as follows:

(i)  Fifty percent of the moneys received shall be

allocated to the appropriate county authority which

implements the county drug and alcohol program to be used

solely for the purposes of aiding programs promoting drug

abuse and alcoholism prevention, education, treatment and

research.

(ii)  Fifty percent of the moneys received shall be

used for expenditures incurred for county jails, prisons,

workhouses and detention centers.

(4)  When prosecution under 75 Pa.C.S. § 3362 (relating

to maximum speed limits) is the result of local police action

using devices authorized under 75 Pa.C.S. § 3368(c)(2)(ii)

(relating to speed timing devices):

(i)  One-half of all fines, forfeited recognizances

and other forfeitures imposed, lost or forfeited, minus

$1, shall be payable to the municipal corporation under

which the local police are organized.

(ii)  One dollar shall be remitted to the Municipal

Law Enforcement Accreditation Fund.

* * *

Section 2.  Title 42 is amended by adding a section to read:

§ 3576.  Municipal Law Enforcement Accreditation Fund.

(a)  Establishment.--There is established within the State

Treasury a nonlapsing, restricted receipt account to be known as

the Municipal Law Enforcement Accreditation Fund. The account

shall be comprised of fines statutorily designated by section

3573 (relating to municipal corporation portion of fines, etc.)

to the account.

(b)  Distribution from account.--The money in the account is

appropriated to the Pennsylvania Commission on Crime and

Delinquency to carry out the provisions of subsection (c).

(c)  Law enforcement accreditation grants.--

(1)  The Pennsylvania Commission on Crime and Delinquency

shall create and maintain a grant program for distributing

moneys from the fund to any Pennsylvania-based nonprofit

corporation comprised solely of Pennsylvania municipal police

department administrators which accredits law enforcement

agencies throughout this Commonwealth.

(2)  An eligible nonprofit corporation that receives

funds under paragraph (1) shall use these funds solely for

the purpose of administering and operating the law

enforcement accreditation program.

Section 3.  Section 3368(a), (c) and (d) of Title 75 are

amended and the section is amended by a adding subsection to

read:

§ 3368.  Speed timing devices.

(a)  Speedometers authorized.--The rate of speed of any

vehicle may be timed on any highway by a police officer using a

motor vehicle equipped with a speedometer, except as provided in

section 6109 (relating to specific powers of department and

local authorities). In ascertaining the speed of a vehicle by

the use of a speedometer, the speed shall be timed for a

distance of not less than three-tenths of a mile.

* * *

(c)  Mechanical, electrical and electronic devices

authorized.--

(1)  Except as otherwise provided in this section and in

section 6109, the rate of speed of any vehicle may be timed

on any highway by a police officer using a mechanical or

electrical speed timing device.

(2)  Except as otherwise provided in paragraph (3),

electronic devices such as radio-microwave devices (commonly

referred to as electronic speed meters or radar) may be used

[only by]:

(i)  By members of the Pennsylvania State Police.

(ii)  Upon completion of a training course approved

by the Pennsylvania State Police and the Municipal Police

Officers' Education and Training Commission, by full-time

police officers employed by the full-service police

department of a political subdivision or regional police

department.

(3)  Electronic devices which calculate speed by

measuring elapsed time between measured road surface points

by using two sensors and devices which measure and calculate

the average speed of a vehicle between any two points may be

used by any police officer.

(4)  No person may be convicted upon evidence obtained

through the use of devices authorized by paragraphs [(2)]

(2)(i) and (3) unless the speed recorded is six or more miles

per hour in excess of the legal speed limit. Furthermore, no

person may be convicted upon evidence obtained through the

use of devices authorized by paragraph (3) in an area where

the legal speed limit is less than 55 miles per hour if the

speed recorded is less than ten miles per hour in excess of

the legal speed limit. This paragraph shall not apply to

evidence obtained through the use of devices authorized by

paragraph (2) or (3) within a school zone or an active work

zone.

(4.1)  No person may be convicted upon evidence obtained

through the use of devices authorized by paragraph (2)(ii)

unless the speed recorded is ten or more miles per hour in

excess of the legal speed limit.

(5)  As used in this subsection, the following words and

phrases shall have the meanings given to them in this

paragraph:

"Full-service police department."  A local or regional

police department which:

(i)  is authorized by one or more political

subdivisions;

(ii)  provides 24-hour-a-day patrol and investigative

services; and

(iii)  reports its activities monthly to the

Pennsylvania State Police in accordance with the Uniform

Crime Reporting System.

"Full-time police officer."  An employee of a political

subdivision or regional police department who complies with

all of the following:

(i)  Is certified under 53 Pa.C.S. Ch. 21 Subch. D

(relating to municipal police education and training).

(ii)  Is empowered to enforce 18 Pa.C.S. (relating to

crimes and offenses) and this title.

(iii)  Is a regular full-time police officer under

the act of June 15, 1951 (P.L.586, No.144), entitled "An

act regulating the suspension, removal, furloughing and

reinstatement of police officers in boroughs and

townships of the first class having police forces of less

than three members, and in townships of the second

class."

(iv)  Is provided coverage by a police pension plan

under:

(A)  the act of May 24, 1893 (P.L.129, No.82),

entitled "An act to empower boroughs and cities to

establish a police pension fund, to take property in

trust therefor and regulating and providing for the

regulation of the same";

(B)  the act of June 23, 1931 (P.L.932, No.317),

known as The Third Class City Code;

(C)  the act of May 22, 1935 (P.L.233, No.99),

referred to as the Second Class City Policemen Relief

Law;

(D)  the act of May 29, 1956 (1955 P.L.1804,

No.600), referred to as the Municipal Police Pension

Law; or

(E)  the act of July 15, 1957 (P.L.901, No.399),

known as the Optional Third Class City Charter Law.

The term does not include auxiliary, part-time or fire

police.

(d)  Classification, approval and testing of mechanical,

electrical and electronic devices.--The department may, by

regulation, classify specific devices as being mechanical,

electrical or electronic. All mechanical, electrical or

electronic devices shall be of a type approved by the

department, which shall appoint stations for calibrating and

testing the devices and may prescribe regulations as to the

manner in which calibrations and tests shall be made. The

certification and calibration of electronic devices under

subsection (c)(3) shall also include the certification and

calibration of all equipment, timing strips and other devices

which are actually used with the particular electronic device

being certified and calibrated. Electronic devices commonly

referred to as electronic speed meters or radar shall have been

tested for accuracy within a period of one year prior to the

alleged violation. Other devices shall have been tested for

accuracy within a period of [60 days] one year prior to the

alleged violation. A certificate from the station showing that

the calibration and test were made within the required period

and that the device was accurate shall be competent and prima

facie evidence of those facts in every proceeding in which a

violation of this title is charged.

* * * 

(f)  Local ordinance required to enforce.--

(1)  Prior to use of radio-microwave speed timing devices

used for speed timing by local or regional police officers of

political subdivisions authorized under subsection (c), the

appropriate governing body must adopt an ordinance

authorizing the local or regional police department to employ

such devices on roads within the boundaries of the governing

body where speed limits have been posted according to the

results of a required engineering and traffic study and in

accordance with section 6109(a)(11).

(2)  During the initial 120 days of speed enforcement by

a local or regional police department of a political

subdivision authorized under subsection (c) using radio-

microwave speed timing devices, persons may only be

sanctioned for violations with a written warning.

Section 4.  Section 6109(a)(11) of Title 75 is amended to

read:

§ 6109.  Specific powers of department and local authorities.

(a)  Enumeration of police powers.--The provisions of this

title shall not be deemed to prevent the department on State-

designated highways and local authorities on streets or highways

within their physical boundaries from the reasonable exercise of

their police powers. The following are presumed to be reasonable

exercises of police power:

* * *

(11)  Enforcement of speed restrictions authorized under

Subchapter F of Chapter 33[, except that] in accordance with

the following:

(i)  Except as set forth in subparagraph (ii), speed

restrictions may be enforced by [local police] full-time

police officers employed by the full-service police

department of a political subdivision or regional police

department on a limited access or divided highway only if

[it] this title authorizes such enforcement and the 

highway is patrolled by the local or regional police

force under the terms of an agreement with the

Pennsylvania State Police.

(ii)  If this title authorizes speed restrictions to

be enforced by a police department of a city of the first

class, they may be enforced on limited access or divided

highways within the police department's jurisdiction. An

agreement with the Pennsylvania State Police is not

necessary under this subparagraph.

* * *

Section 5.  This act shall take effect in 120 days.