1Amending Titles 42 (Judiciary and Judicial Procedure) and 75
2(Vehicles) of the Pennsylvania Consolidated Statutes, further
3providing for municipal corporation portion of fines;
4establishing the Municipal Law Enforcement Accreditation
5Fund; and further providing for speed timing devices and for
6State and local powers.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1.  Section 3573(b) of Title 42 of the Pennsylvania
10Consolidated Statutes is amended to read:

11§ 3573.  Municipal corporation portion of fines, etc.

12* * *

13(b)  Vehicle offenses.--

14(1)  When prosecution under the provisions of Title 75
15(relating to vehicles) for parking is the result of local
16police action, all fines, forfeited recognizances and other
17forfeitures imposed, lost or forfeited shall be payable to
18the municipal corporation under which the local police are
19organized.

1(2)  Except as provided in [paragraph] paragraphs (3) and
2(4), when prosecution under any other provision of Title 75
3(except Chapter 77 (relating to snowmobiles and all-terrain 
4vehicles)) is the result of local police action, one-half of
5all fines, forfeited recognizances and other forfeitures
6imposed, lost or forfeited shall be payable to the municipal
7corporation under which the local police are organized.

8(3)  When prosecution under 75 Pa.C.S. § 3802 (relating
9to driving under influence of alcohol or controlled
10substance) is the result of local police action, 50% of all
11fines, forfeited recognizances and other forfeitures imposed,
12lost or forfeited shall be payable to the municipal
13corporation under which the local police are organized, and
1450% shall be payable to the county which shall be further
15divided as follows:

16(i)  Fifty percent of the moneys received shall be
17allocated to the appropriate county authority which
18implements the county drug and alcohol program to be used
19solely for the purposes of aiding programs promoting drug
20abuse and alcoholism prevention, education, treatment and
21research.

22(ii)  Fifty percent of the moneys received shall be
23used for expenditures incurred for county jails, prisons,
24workhouses and detention centers.

25(4)  When prosecution under 75 Pa.C.S. § 3362 (relating
26to maximum speed limits) is the result of local police action
27using devices authorized under 75 Pa.C.S. § 3368(c)(2)(ii)
28(relating to speed timing devices):

29(i)  One-half of all fines, forfeited recognizances
30and other forfeitures imposed, lost or forfeited, minus

1$1, shall be payable to the municipal corporation under
2which the local police are organized.

3(ii)  One dollar shall be remitted to the Municipal
4Law Enforcement Accreditation Fund.

5* * *

6Section 2.  Title 42 is amended by adding a section to read:

7§ 3576.  Municipal Law Enforcement Accreditation Fund.

8(a)  Establishment.--There is established within the State
9Treasury a nonlapsing, restricted receipt account to be known as
10the Municipal Law Enforcement Accreditation Fund. The account
11shall be comprised of fines statutorily designated by section
123573 (relating to municipal corporation portion of fines, etc.)
13to the account.

14(b)  Distribution from account.--The money in the account is
15appropriated to the Pennsylvania Commission on Crime and
16Delinquency to carry out the provisions of subsection (c).

17(c)  Law enforcement accreditation grants.--

18(1)  The Pennsylvania Commission on Crime and Delinquency
19shall create and maintain a grant program for distributing
20moneys from the fund to any Pennsylvania-based nonprofit
21corporation comprised solely of Pennsylvania municipal police
22department administrators which accredits law enforcement
23agencies throughout this Commonwealth.

24(2)  An eligible nonprofit corporation that receives
25funds under paragraph (1) shall use these funds solely for
26the purpose of administering and operating the law
27enforcement accreditation program.

28Section 3.  Section 3368(a), (c) and (d) of Title 75 are
29amended and the section is amended by adding a subsection to
30read:

1§ 3368.  Speed timing devices.

2(a)  Speedometers authorized.--The rate of speed of any
3vehicle may be timed on any highway by a police officer using a
4motor vehicle equipped with a speedometer, except as provided in 
5section 6109 (relating to specific powers of department and 
6local authorities). In ascertaining the speed of a vehicle by
7the use of a speedometer, the speed shall be timed for a
8distance of not less than three-tenths of a mile.

9* * *

10(c)  Mechanical, electrical and electronic devices
11authorized.--

12(1)  Except as otherwise provided in this section and in 
13section 6109, the rate of speed of any vehicle may be timed
14on any highway by a police officer using a mechanical or
15electrical speed timing device.

16(2)  Except as otherwise provided in paragraph (3),
17electronic devices such as radio-microwave devices (commonly
18referred to as electronic speed meters or radar) may be used
19[only by]:

20(i)  By members of the Pennsylvania State Police.

21(ii)  Upon completion of a training course approved
22by the Pennsylvania State Police and the Municipal Police
23Officers' Education and Training Commission, by full-time
24police officers employed by the full-service police
25department of a political subdivision or regional police
26department.

27(3)  Electronic devices which calculate speed by
28measuring elapsed time between measured road surface points
29by using two sensors and devices which measure and calculate
30the average speed of a vehicle between any two points may be

1used by any police officer.

2(4)  No person may be convicted upon evidence obtained
3through the use of devices authorized by paragraphs [(2)]

4(2)(i) and (3) unless the speed recorded is six or more miles
5per hour in excess of the legal speed limit. Furthermore, no
6person may be convicted upon evidence obtained through the
7use of devices authorized by paragraph (3) in an area where
8the legal speed limit is less than 55 miles per hour if the
9speed recorded is less than ten miles per hour in excess of
10the legal speed limit. This paragraph shall not apply to
11evidence obtained through the use of devices authorized by
12paragraph (2) or (3) within a school zone or an active work
13zone.

14(4.1)  No person may be convicted upon evidence obtained
15through the use of devices authorized by paragraph (2)(ii)
16unless the speed recorded is ten or more miles per hour in
17excess of the legal speed limit.

18(5)  As used in this subsection, the following words and
19phrases shall have the meanings given to them in this
20paragraph:

21"Full-service police department."  A local or regional
22police department which:

23(i)  is authorized by one or more political
24subdivisions;

25(ii)  provides 24-hour-a-day patrol and investigative
26services; and

27(iii)  reports its activities monthly to the
28Pennsylvania State Police in accordance with the Uniform
29Crime Reporting System.

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

1subdivision or regional police department who complies with
2all of the following:

3(i)  Is certified under 53 Pa.C.S. Ch. 21 Subch. D
4(relating to municipal police education and training).

5(ii)  Is empowered to enforce Title 18 (relating to
6crimes and offenses) and this title.

7(iii)  Is a regular full-time police officer under
8the act of June 15, 1951 (P.L.586, No.144), entitled "An
9act regulating the suspension, removal, furloughing and
10reinstatement of police officers in boroughs and
11townships of the first class having police forces of less
12than three members, and in townships of the second
13class."

14(iv)  Is provided coverage by a police pension plan
15under:

16(A)  the act of May 24, 1893 (P.L.129, No.82),
17entitled "An act to empower boroughs and cities to
18establish a police pension fund, to take property in
19trust therefor and regulating and providing for the
20regulation of the same";

21(B)  the act of June 23, 1931 (P.L.932, No.317),
22known as The Third Class City Code;

23(C)  the act of May 22, 1935 (P.L.233, No.99),
24referred to as the Second Class City Policemen Relief
25Law;

26(D)  the act of May 29, 1956 (1955 P.L.1804,
27No.600), referred to as the Municipal Police Pension
28Law; or

29(E)  the act of July 15, 1957 (P.L.901, No.399),
30known as the Optional Third Class City Charter Law.

1The term does not include auxiliary, part-time or fire
2police.

3(d)  Classification, approval and testing of mechanical,
4electrical and electronic devices.--The department may, by
5regulation, classify specific devices as being mechanical,
6electrical or electronic. All mechanical, electrical or
7electronic devices shall be of a type approved by the
8department, which shall appoint stations for calibrating and
9testing the devices and may prescribe regulations as to the
10manner in which calibrations and tests shall be made. The
11certification and calibration of electronic devices under
12subsection (c)(3) shall also include the certification and
13calibration of all equipment, timing strips and other devices
14which are actually used with the particular electronic device
15being certified and calibrated. Electronic devices commonly
16referred to as electronic speed meters or radar shall have been
17tested for accuracy within a period of one year prior to the
18alleged violation. Other devices shall have been tested for
19accuracy within a period of [60 days] one year prior to the
20alleged violation. A certificate from the station showing that
21the calibration and test were made within the required period
22and that the device was accurate shall be competent and prima
23facie evidence of those facts in every proceeding in which a
24violation of this title is charged.

25* * *

26(f)  Local ordinance required to enforce.--

27(1)  Prior to use of radio-microwave speed timing devices
28used for speed timing by local or regional police officers of
29political subdivisions authorized under subsection (c), the
30appropriate governing body must adopt an ordinance

1authorizing the local or regional police department to employ
2such devices on roads within the boundaries of the governing
3body where speed limits have been posted according to the
4results of a required engineering and traffic study and in
5accordance with section 6109(a)(11).

6(2)  During the initial 120 days of speed enforcement by
7a local or regional police department of a political
8subdivision authorized under subsection (c) using radio-
9microwave speed timing devices, persons may only be
10sanctioned for violations with a written warning.

11Section 4.  Section 6109(a)(11) of Title 75 is amended to
12read:

13§ 6109.  Specific powers of department and local authorities.

14(a)  Enumeration of police powers.--The provisions of this
15title shall not be deemed to prevent the department on State-
16designated highways and local authorities on streets or highways
17within their physical boundaries from the reasonable exercise of
18their police powers. The following are presumed to be reasonable
19exercises of police power:

20* * *

21(11)  Enforcement of speed restrictions authorized under
22Subchapter F of Chapter 33[, except that] in accordance with 
23the following:

24(i)  Except as set forth in subparagraph (ii), speed
25restrictions may be enforced by [local police] full-time 
26police officers employed by the full-service police 
27department of a political subdivision or regional police 
28department on a limited access or divided highway only if
29[it] this title authorizes such enforcement and the
30highway is patrolled by the local or regional police

1force under the terms of an agreement with the
2Pennsylvania State Police.

3(ii)  If this title authorizes speed restrictions to
4be enforced by a police department of a city of the first
5class, the speed restrictions may be enforced on limited
6access or divided highways within the police department's
7jurisdiction. An agreement with the Pennsylvania State
8Police is not necessary under this subparagraph.

9* * *

10Section 5.  This act shall take effect in 120 days.