1Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2Statutes, in driving after imbibing alcohol or utilizing
3drugs, providing for impoundment of vehicles.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 75 of the Pennsylvania Consolidated
7Statutes is amended by adding a section to read:

8§ 3804.1. Impoundment of vehicles.

9(a) Duties of the law enforcement agency.--

10(1) Whenever a person has been arrested for a violation
11of section 3802 (relating to driving under influence of
12alcohol or controlled substance), the arresting law
13enforcement agency shall impound the vehicle that the person
14was operating at the time of arrest.

15(2) The vehicle shall be impounded for a period of 12
16hours after the time of arrest or until such later time as
17the arrestee claiming the vehicle meets the conditions for

1release in subsection (b)(2).

2(b) Release of vehicle.--

3(1) A vehicle impounded pursuant to this section may be
4released to a person other than the arrestee prior to the end
5of the impoundment period only if:

6(i) the vehicle is not owned or leased by the
7arrestee and the person who owns or leases the vehicle
8claims the vehicle and meets the conditions for release
9in paragraph (2); or

10(ii) the vehicle is owned or leased by the arrestee
11and the arrestee gives permission to another person, who
12has acknowledged, in writing, receipt of the statement
13required by subsection (d), to operate the vehicle, and
14the conditions for release in paragraph (2) are met.

15(2) A vehicle impounded pursuant to this section shall
16not be released unless the person claiming the vehicle:

17(i) presents a valid driver's license, proof of
18ownership or lawful authority to operate the vehicle and
19proof of valid vehicle insurance for the vehicle;

20(ii) is able to operate the vehicle in a safe manner
21and would not be in violation of this title; and

22(iii) meets any other conditions for release
23established by the law enforcement agency.

24(c) Towing and storage fee.--A law enforcement agency
25impounding a vehicle pursuant to this section may charge a
26reasonable fee for towing and storage of the vehicle. The law
27enforcement agency may retain custody of the vehicle until the
28fee is paid.

29(d) Responsibility warning.--

30(1) Whenever a person is summoned by or on behalf of a

1person who has been arrested for a violation of section 3802,
2in order to transport or accompany the arrestee from the
3premises of a law enforcement agency, the law enforcement
4agency shall provide that person with a written statement
5advising the person of his potential criminal and civil
6liability for permitting or facilitating the arrestee's
7operation of a motor vehicle while the arrestee remains
8intoxicated.

9(2) The person to whom the statement is issued shall
10acknowledge in writing receipt of the statement or the law
11enforcement agency shall record the fact that the written
12statement was provided but the person refused to sign an
13acknowledgment.

14(3) The Attorney General shall establish the content and
15form of the written statement and acknowledgment to be used
16by law enforcement agencies throughout this Commonwealth and
17may issue directives to ensure the uniform implementation of
18this section.

19(e) Construction.--Nothing in this section shall be
20construed to impose any obligation on a physician or other
21health care provider involved in the treatment or evaluation of
22the arrestee.

23Section 2. This act shall take effect in 60 days.