PRINTER'S NO. 436
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
399
Session of
2015
INTRODUCED BY CRUZ, YOUNGBLOOD, V. BROWN, KINSEY, O'BRIEN,
BOBACK, BARRAR, BISHOP, COHEN, D. COSTA, READSHAW, WATSON,
MURT, DeLUCA AND JAMES, FEBRUARY 9, 2015
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 9, 2015
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in driving after imbibing alcohol or utilizing
drugs, providing for impoundment of vehicles.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 75 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 3804.1. Impoundment of vehicles.
(a) Duties of the law enforcement agency.--
(1) Whenever a person has been arrested for a violation
of section 3802 (relating to driving under influence of
alcohol or controlled substance), the arresting law
enforcement agency shall impound the vehicle that the person
was operating at the time of arrest.
(2) The vehicle shall be impounded for a period of 12
hours after the time of arrest or until such time as the
person claiming the vehicle meets the conditions for release
in subsection (b)(2).
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(b) Release of vehicle.--
(1) A vehicle impounded pursuant to this section 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
arrestee and the person who owns or leases the vehicle
claims the vehicle and meets the conditions for release
in paragraph (2); or
(ii) the vehicle is owned or leased by the arrestee
and the arrestee gives permission to another person, who
has acknowledged, in writing, receipt of the statement
required by subsection (d), to operate the vehicle, and
the conditions for release in paragraph (2) are met.
(2) A vehicle impounded pursuant to this section shall
not be released unless the person claiming the vehicle:
(i) presents a valid driver's license, proof of
ownership or lawful authority to operate the vehicle and
proof of valid vehicle insurance for the vehicle;
(ii) is able to operate the vehicle in a safe manner
and would not be in violation of this title; and
(iii) meets any other conditions for release
established by the law enforcement agency.
(c) Towing and storage fee.--A law enforcement agency
impounding a vehicle pursuant to this section may charge a
reasonable fee for towing and storage of the vehicle. The law
enforcement agency may retain custody of the vehicle until the
fee is paid.
(d) Responsibility warning.--
(1) Whenever a person is summoned by or on behalf of a
person who has been arrested for a violation of section 3802,
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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 the person of his potential criminal and civil
liability for permitting or facilitating the arrestee's
operation of a motor vehicle while the arrestee remains
intoxicated.
(2) 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.
(3) The Attorney General shall establish the content and
form of the written statement and acknowledgment to be used
by law enforcement agencies throughout this Commonwealth and
may issue directives to ensure the uniform implementation of
this section.
(e) Construction.--Nothing in this section shall be
construed to impose any obligation on a physician or other
health care provider involved in the treatment or evaluation of
the arrestee.
Section 2. This act shall take effect in 60 days.
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