THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY DINNIMAN AND FONTANA, MARCH 7, 2011

REFERRED TO TRANSPORTATION, MARCH 7, 2011  

AN ACT

Amending Titles 42 (Judiciary and Judicial Procedure) and 75

(Vehicles) of the Pennsylvania Consolidated Statutes, further

providing for Commonwealth portion of fines, etc. and for

municipal corporation portion of fines, etc.; defining

"interactive wireless communication device"; further

providing for junior driver's license, for learners' permits

and for suspension of operating privilege; prohibiting use of

interactive wireless communication device; and further

providing for duty of driver in construction and maintenance

areas or on highway safety corridors, for duty of driver in

emergency response areas, for accident report forms, for

department to compile, tabulate and analyze accident reports,

for television equipment, for restraint systems and for

applicability and uniformity of title.

The General Assembly of the Commonwealth of Pennsylvania

declares that the part of this act that limits the number of

passengers a junior driver may transport in a motor vehicle at

one time may be referred to as Lacey's Law in honor of Lacey

Gallagher.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 3571(b) and 3573(b) of Title 42 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 3571.  Commonwealth portion of fines, etc.

* * *

(b)  Vehicle offenses.--

(1)  All fines, forfeited recognizances and other

forfeitures imposed, lost or forfeited in connection with

matters arising under Chapter 77 of Title 75 (relating to

snowmobiles) shall unless otherwise provided in Chapter 77 of

Title 75 be payable to the Commonwealth.

(2)  Except as provided in [paragraph (4)] paragraphs (4)

and (5), when prosecution under any other provision of Title

75 (relating to vehicles) is the result of State Police

action, all fines, forfeited recognizances and other

forfeitures imposed, lost or forfeited shall be payable to

the Commonwealth, for credit to the Motor License Fund. One-

half of the revenue shall be paid to municipalities in the

same ratio provided in section 4 of the [act of June 1, 1956

(P.L.1944, No.655), relating to partial allocation of liquid

fuels and fuel use tax proceeds] act of June 1, 1956 (1955

P.L.1944, No.655), referred to as the Liquid Fuels Tax

Municipal Allocation Law.

(3)  Except as provided in paragraph (5) and section 3573

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

when prosecution under any other provision of Title 75 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 Commonwealth, for credit

to the Motor License Fund.

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

to driving under influence of alcohol or controlled

substance) is the result of State Police action, 50% of all

fines, forfeited recognizances and other forfeitures imposed,

lost or forfeited shall be payable to the Commonwealth, for

credit to the Motor License Fund, 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.

(5)  When prosecution under 75 Pa.C.S. § 3316 (relating

to prohibiting use of interactive wireless communication

device) is the result of Pennsylvania State Police action,

25% of all revenue from fines shall be paid to municipalities

in the same ratio provided in section 4 of the Liquid Fuels

Tax Municipal Allocation Law, and 75% of the revenue from the

fines shall be allocated and are appropriated on a continuing

basis to the Department of Transportation for Statewide

public education and awareness programs to combat distracted

driving and driving under the influence and promote awareness

under 75 Pa.C.S. § 3316(f).

* * *

§ 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 (3)] 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. § 3316 (relating

to prohibiting use of interactive wireless communication

device) is the result of local police action, 25% of all

revenue from fines shall be payable to the municipal

corporation under which the local police are organized, and

75% shall be payable and is appropriated on a continuing

basis to the Department of Transportation for Statewide

public education and awareness programs to combat driving

under the influence and distracted driving as established by

75 Pa.C.S. § 3316(f).

* * *

Section 3.  Section 102 of Title 75 is amended by adding a

definition to read:

§ 102.  Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have, unless the context clearly

indicates otherwise, the meanings given to them in this section:

* * *

"Interactive wireless communication device."  A wireless

telephone, personal digital assistant, smart phone, portable or

mobile computer, or similar device which can be used for voice

communication, texting, e-mailing, browsing the Internet or

instant messaging. The term does not include a device being used

exclusively as a global positioning or navigation system or a

system or device that is physically or electronically integrated

into the vehicle.

* * *

Section 2.  Sections 1503(c), 1505(e) and 1538(e) of Title 75

are amended to read:

§ 1503.  Persons ineligible for licensing; license issuance to

minors; junior driver's license.

* * *

(c)  Junior driver's license.--The department may issue a

junior driver's license to a person 16 or 17 years of age under

rules and regulations adopted by the department and subject to

the provisions of this section. A junior driver's license shall

automatically become a regular driver's license when the junior

driver attains 18 years of age.

(1)  Except as provided in paragraph (2), no licensed

junior driver shall drive a vehicle upon a public highway

between 11 p.m. and 5 a.m. unless accompanied by a spouse 18

years of age or older, a parent or a person in loco parentis.

(2)  A licensed junior driver conforming to the

requirements of section 1507 (relating to application for

driver's license or learner's permit by minor) may drive a

vehicle upon a public highway between 11 p.m. and 5 a.m.

between the junior driver's home and activity or employment

or in the course of the junior driver's activity or

employment if the junior driver is a member of a volunteer

fire company authorized by the fire chief to engage in

fighting fires, is engaged in public or charitable service or

is employed and is carrying an affidavit or certificate of

authorization signed by the junior driver's fire chief,

supervisor or employer indicating the probable schedule of

the junior driver's activities. Upon termination of the

junior driver's activity or employment, the junior driver

shall surrender the affidavit or certificate to the fire

chief, supervisor or employer. If the junior driver shall

fail to surrender the affidavit or certificate, the employer,

fire chief or supervisor shall immediately notify the

Pennsylvania State Police.

(2.1)  Except as set forth in paragraph (2.2), a junior

driver may not drive a vehicle with more than one passenger

under 18 years of age.

(2.2)  With parental or in loco parentis approval, a

junior driver may drive a vehicle with passengers who are

siblings or relatives who live in the same dwelling as the

junior driver.

(3)  In addition to the other provisions of this title

relating to the suspension or revocation of operating

privileges, in the event that a licensed junior driver is

involved in an accident reportable under section 3746(a) for

which the junior driver is partially or fully responsible in

the opinion of the department or is convicted of any

violation of this title, the department may suspend the

operating privileges of the junior driver until the junior

driver attains 18 years of age or for a period of time not

exceeding 90 days.

(4)  Any junior driver or other person violating any

provision of this subsection is guilty of a summary offense.

§ 1505.  Learners' permits.

* * *

(e)  Authorization to test for driver's license and junior

driver's license.--A person with a learner's permit is

authorized to take the examination for a regular or junior

driver's license for the class of vehicle for which a permit is

held. Before a person under the age of 18 years may take the

examination for a junior driver's license, the minor must:

(1)  Have held a learner's permit for that class of

vehicle for a period of six months.

(2)  Present to the department a certification form

signed by the father, mother, guardian, person in loco

parentis or spouse of a married minor stating that the minor

applicant has completed [50] 65 hours of practical driving

experience, including no less than ten hours of nighttime

driving and five hours of inclement weather driving, 

accompanied as required under subsection (b). Submission of a

certification shall not subject the parent, guardian, person

in loco parentis or spouse of a married minor to any

liability based upon the certification.

(3)  Have the certification form completed when the minor

is ready for the licensing examination. The certification

form shall be developed by the department and will be

provided by the department when the original application for

a learner's permit is processed. The department will make

this form readily available through the mail or electronic

means.

* * *

§ 1538.  School, examination or hearing on accumulation of

points or excessive speeding.

* * *

(e)  Additional suspension of operating privilege.--

(1)  In addition to any other provisions of law relating

to the suspension or revocation of operating privileges, a

person's operating privileges shall be suspended under any of

the following circumstances:

(i)  Prior to reaching age 18, the person violates

section 3362 (relating to maximum speed limits) by

traveling 26 miles per hour or more over the posted speed

limit and the violation results in a conviction, guilty

plea or plea of no contest before or after the person

reaches age 18.

(ii)  The person accumulates six or more points under

the provisions of section 1535 (relating to schedule of

convictions and points) and the violations resulting in

points accumulation were committed before the person

reached age 18.

(2)  The first suspension under paragraph (1) shall be

for a period of 90 days with every subsequent suspension

under paragraph (1) to be for a period of 120 days.

Suspensions under paragraph (1) shall be imposed

consecutively to each other and to any other suspension. A

suspension under paragraph (1) shall be considered a

subsequent suspension even if it is imposed contemporaneously

with a first suspension imposed under paragraph (1). A

suspension under this paragraph shall be in lieu of a

suspension under subsection (d)(1).

Section 4.  Title 75 is amended by adding a section to read:

§ 3316.  Prohibiting use of interactive wireless communication

device.

(a)  Driver restrictions.--

(1)  No person shall drive a motor vehicle upon a roadway

or trafficway in this Commonwealth while using an interactive

wireless communication device for a purpose other than:

(i)  voice communication through the use of an

interactive wireless communications device while in

hands-free mode;

(ii)  reading, selecting or entering a telephone

number or name into an interactive wireless communication

device for the purpose of voice communication; or

(iii)  utilizing a global positioning or navigation

system.

(2)  No person with a learner's permit or junior driver's

license shall drive a motor vehicle upon a roadway or

trafficway in this Commonwealth while using an interactive

wireless communication device.

(b)  Exceptions.--This section shall not apply to:

(1)  A driver using an interactive wireless communication

device to contact a 911 system or wireless E-911 service, as

defined in the act of July 9, 1990 (P.L.340, No.78), known as

the Public Safety Emergency Telephone Act.

(2)  A driver using an interactive wireless communication

device when the vehicle is stopped due to a traffic

obstruction and the motor vehicle transmission is in neutral

or park.

(3)  Operators of emergency vehicles who use an

interactive wireless communications device for voice

communication for the purpose of responding to an emergency

while engaged in the performance of their official duties.

(4)  Volunteer emergency responders who use an

interactive wireless communications device for voice

communication for the purpose of responding to an emergency

while engaged in the performance of their official duties.

(c)  Seizure.--The provisions of this section shall not be

construed as authorizing the seizure or forfeiture of an

interactive wireless communication device.

(d)  Penalty.--

(1)  A person who violates subsection (a) commits a

summary offense and shall, upon conviction, be sentenced to

pay a fine of $50.

(2)  A person who violates subsection (a) while passing

through a school zone, as defined and provided under the

regulations of the department, commits a summary offense and

shall, upon conviction, be sentenced to pay a fine of $100.

An official traffic-control device shall indicate the

beginning and end of each school zone to traffic approaching

in each direction. Establishment of a school zone, including

its location and hours of operation, shall be approved by the

department.

(e)  Public education and awareness program.--The department

shall develop and maintain Statewide public education and

awareness programs to combat distracted driving and driving

under the influence and promote awareness of the provisions of

this section subject to available funding.

(f)  Guidelines.--The department shall, in consultation with

the Department of Education and the Pennsylvania State Police,

promulgate guidelines for the implementation of subsection (e)

within six months of the effective date of this section.

(g)  Insurance.--An insurer may not charge an insured who has

been convicted under this section a higher premium for a policy

of insurance in whole or in part by reason of that conviction.

(h)  Department to compile report.--The department shall

annually compile and make available to the Transportation

Committee of the Senate and the Transportation Committee of the

House of Representatives a report detailing the public education

efforts to combat distracted driving and driving under the

influence and promote awareness of the provisions of this

section.

(i)  Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Hands-free mode."  The use of an interactive wireless

communications device that allows the user to engage in

communication without the use of either hand by means of an

internal feature or function or an attachment or device.

"Volunteer emergency responder."  Any of the following:

(1)  A member of a volunteer ambulance service as defined

in section 102 of the act of July 31, 2003 (P.L.73, No.17),

known as the Volunteer Fire Company and Volunteer Ambulance

Service Grant Act.

(2)  A member of a volunteer fire company as defined in

section 102 of the Volunteer Fire Company and Volunteer

Ambulance Service Grant Act.

(3)  A member of a volunteer rescue company as defined in

section 102 of the Volunteer Fire Company and Volunteer

Ambulance Service Grant Act.

Section 5.  Sections 3326(c), 3327(e) and 3752(a) of Title 75

are amended to read:

§ 3326.  Duty of driver in construction and maintenance areas or

on highway safety corridors.

* * *

(c)  Fines to be doubled.--For any of the following

violations, when committed in an active work zone manned by

workers acting in their official capacity or on a highway safety

corridor designated under section 6105.1 (relating to

designation of highway safety corridors), the fine shall be

double the usual amount:

Section 3102 (relating to obedience to authorized persons

directing traffic).

Section 3111 (relating to obedience to traffic-control

devices).

Section 3112 (relating to traffic-control signals).

Section 3114 (relating to flashing signals).

Section 3302 (relating to meeting vehicle proceeding in

opposite direction).

Section 3303 (relating to overtaking vehicle on the

left).

Section 3304 (relating to overtaking vehicle on the

right).

Section 3305 (relating to limitations on overtaking on

the left).

Section 3306 (relating to limitations on driving on left

side of roadway).

Section 3307 (relating to no-passing zones).

Section 3309 (relating to driving on roadways laned for

traffic).

Section 3310 (relating to following too closely).

Section 3316(a) (relating to prohibiting use of

interactive wireless communication device).

Section 3323 (relating to stop signs and yield signs).

Section 3326 (relating to duty of driver in construction

and maintenance areas or on highway safety corridors).

Section 3361 (relating to driving vehicle at safe speed).

Section 3362 (relating to maximum speed limits).

Section 3702 (relating to limitations on backing).

Section 3714 (relating to careless driving).

Section 3736 (relating to reckless driving).

Section 3802 (relating to driving under influence of

alcohol or controlled substance).

* * *

§ 3327.  Duty of driver in emergency response areas.

* * *

(e)  Fines to be doubled.--In addition to any penalty as

provided in subsection (b), the fine for any of the following

violations when committed in an emergency response area manned

by emergency service responders shall be double the usual

amount:

Section 3102 (relating to obedience to authorized persons

directing traffic).

Section 3111 (relating to obedience to traffic-control

devices).

Section 3114 (relating to flashing signals).

Section 3302 (relating to meeting vehicle proceeding in

opposite direction).

Section 3303 (relating to overtaking vehicle on the

left).

Section 3304 (relating to overtaking vehicle on the

right).

Section 3305 (relating to limitations on overtaking on

the left).

Section 3306 (relating to limitations on driving on left

side of roadway).

Section 3307 (relating to no-passing zones).

Section 3310 (relating to following too closely).

Section 3312 (relating to limited access highway

entrances and exits).

Section 3316(a) (relating to prohibiting use of

interactive wireless communication device).

Section 3323 (relating to stop signs and yield signs).

Section 3325 (relating to duty of driver on approach of

emergency vehicle).

Section 3361 (relating to driving vehicle at safe speed).

Section 3707 (relating to driving or stopping close to

fire apparatus).

Section 3710 (relating to stopping at intersection or

crossing to prevent obstruction).

Section 3714 (relating to careless driving).

Section 3736 (relating to reckless driving).

Section 3802 (relating to driving under influence of

alcohol or controlled substance).

* * *

§ 3752.  Accident report forms.

(a)  Form and content.--The department shall prepare and upon

request supply to all law enforcement agencies and other

appropriate agencies or individuals, forms for written accident

reports as required in this subchapter suitable with respect to

the persons required to make the reports and the purposes to be

served. The written report forms shall call for sufficiently

detailed information to disclose with reference to a vehicle

accident the cause, conditions then existing and the persons and

vehicles involved, including whether the driver of the vehicle

was using an interactive wireless communication device when the

accident occurred, and such other information as the department

may require. Reports for use by the drivers and owners shall

also provide for information relating to financial

responsibility.

* * *

Section 6.  Section 3753 of Title 75 is amended by adding a

subsection to read:

§ 3753.  Department to compile, tabulate and analyze accident

reports.

* * *

(b.1)  Report on interactive wireless communications

devices.--The department shall annually compile and make

available to the public information submitted on an accident

report concerning interactive wireless communications devices in

motor vehicles involved in traffic accidents. The report shall

note whether the driver of the motor vehicle was using an

interactive wireless communications device when the accident

occurred. The data shall be included in a report submitted to

the Transportation Committee of the Senate and the

Transportation Committee of the House of Representatives.

* * *

Section 7.  Sections 4527, 4581(a) and (b) and 6101 of Title

75 are amended to read:

§ 4527.  [Television] Video receiving equipment.

(a)  General rule.--[No] Except as provided in subsection

(c), no person shall drive a motor vehicle [operated on a

highway shall be] equipped with [television-type] any image

display device, video receiving equipment, including a receiver,

a video monitor or a television or video screen capable of

displaying a television broadcast or video signal that produces

entertainment or business applications or similar equipment

which is located in the motor vehicle at any point forward of

the back of the driver's seat [or otherwise], or which is 

visible, directly or indirectly, to the driver while operating

the motor vehicle.

(a.1)  Except as provided in subsection (b), no person may

install in a motor vehicle an image display device intended to

be visible to a driver in the normal driving position when the

vehicle is in motion and when restrained by the safety seat belt

system adjusted in accordance with the manufacturer's

recommendations.

(b)  Exception.--This section shall not apply to the

following:

(1)  [Television-type receiving equipment] Image display

devices in a vehicle used exclusively for safety or law

enforcement purposes as approved by the Pennsylvania State

Police.

(2)  [Electronic displays] Image display devices used in

conjunction with in-vehicle navigation systems, related

traffic, road and weather information.

(3)  Image display devices that provide vehicle

information related to the driving task or to enhance or

supplement the driver's view forward, behind or to the sides

of the motor vehicle or permit the driver to monitor vehicle

occupants behind the driver.

(4)  Image display devices that do not display images to

the driver while the vehicle is in motion.

(5)  Image display devices which display an image while a

vehicle is parked.

(c)  Definitions.--As used in this section, the term "image

display device" means equipment capable of displaying to the

driver of the motor vehicle:

(1)  a broadcast television image; or

(2)  a visual image, other than text, from a digital

video disc or other storage device.

§ 4581.  Restraint systems.

(a)  Occupant protection.--

(1)  Any person who is operating a passenger car, Class I

truck, Class II truck, classic motor vehicle, antique motor

vehicle or motor home and who transports a child under four

years of age anywhere in the motor vehicle, including the

cargo area, shall fasten such child securely in a child

passenger restraint system, as defined in subsection (d).

This subsection shall apply to all persons while they are

operators of motor vehicles where a seating position is

available which is equipped with a seat safety belt or other

means to secure the systems or where the seating position was

originally equipped with seat safety belts.

(1.1)  Any person who is operating a passenger car, Class

I truck, Class II truck, classic motor vehicle, antique motor

vehicle or motor home and who transports a child four years

of age or older but under eight years of age anywhere in the

motor vehicle, including the cargo area, shall fasten such

child securely in a fastened safety seat belt system and in

an appropriately fitting child booster seat, as defined in

subsection (d). This paragraph shall apply to all persons

while they are operators of motor vehicles where a seating

position is available which is equipped with a seat safety

belt or other means to secure the systems or where the

seating position was originally equipped with seat safety

belts. [A conviction under this paragraph by State or local

law enforcement agencies shall occur only as a secondary

action when a driver of a motor vehicle has been convicted of

violating any other provision of this title.]

(2)  [Except for children under eight years of age and

except as provided in paragraphs (1) and (1.1), each]

(i)  The driver [and front seat occupant] of a

passenger car, Class I truck, Class II truck or motor

home operated in this Commonwealth shall [wear] secure or

cause to be secured in a properly adjusted and fastened

safety seat belt system the driver and every vehicle

occupant between eight years of age and 18 years of age.

[A conviction under this paragraph by State or local law

enforcement agencies shall occur only as a secondary

action when a driver of a motor vehicle has been

convicted of any other provision of this title. The

driver of a passenger automobile shall secure or cause to

be secured in a properly adjusted and fastened safety

seat belt system any occupant who is eight years of age

or older and less than 18 years of age.]

(ii)  Except for children under 18 years of age and

except as provided in paragraphs (1) and (1.1) and

subparagraph (i), each driver and front seat occupant of

a passenger car, Class I truck, Class II truck, classic

motor vehicle, antique motor vehicle or motor home

operated in this Commonwealth shall wear a properly

adjusted and fastened safety seat belt system.

(iii)  This paragraph shall not apply to:

[(i)] (A)  A driver or front seat occupant of any

vehicle manufactured before July 1, 1966.

[(ii)] (B)  A driver or front seat occupant who

possesses a written verification from a physician

that he is unable to wear a safety seat belt system

for physical or medical reasons, or from a

psychiatrist or other specialist qualified to make an

informed judgment that he is unable to wear a safety

seat belt system for psychological reasons.

[(iii)] (C)  A rural letter carrier while

operating any motor vehicle during the performance of

his duties as a United States postal service rural

letter carrier only between the first and last

delivery points.

[(iv)] (D)  A driver who makes frequent stops and

is traveling less than 15 miles per hour for the

purpose of delivering goods or services while in the

performance of his duties and only between the first

and last delivery points.

A violation of this paragraph shall not be subject to the

assessment of any points under section 1535 (relating to

schedule of convictions and points).

(3)  A driver who is under 18 years of age may not

operate a motor vehicle in which the number of passengers

exceeds the number of available safety seat belts in the

vehicle.

(b)  Offense.--Anyone who fails to comply with the provisions

of subsection (a)(1) or (1.1) shall be guilty of a summary

offense with a maximum fine of $100. The court imposing and

collecting any such fines shall transfer the fines thus

collected to the State Treasurer for deposit in the Child

Passenger Restraint Fund, pursuant to section 4582 (relating to

Child Passenger Restraint Fund). Anyone who violates subsection

(a)(2) or (3) commits a summary offense and shall, upon

conviction, be sentenced to pay a fine of $10. No person shall

be convicted of a violation of subsection (a)(2) or (3) unless

the person is also convicted of another violation of this title

which occurred at the same time. No costs as described in 42

Pa.C.S. § 1725.1 (relating to costs) shall be imposed for

summary conviction of subsection (a)(2) or (3). Conviction under

this subsection shall not constitute a moving violation.

* * *

§ 6101.  Applicability and uniformity of title.

The provisions of this title shall be applicable and uniform

throughout this Commonwealth and in all political subdivisions

in this Commonwealth, and no local authority shall enact or

enforce any ordinance on a matter covered by the provisions of

this title unless expressly authorized. A person charged with

violating an ordinance determined to be enacted or enforced in

violation of this section shall be awarded court costs and

attorney fees incurred as a result of defending against the

charge.

Section 8.  This act shall take effect in 60 days.