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PRINTER'S NO. 1128
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
970
Session of
2017
INTRODUCED BY MASSER, DEAN, STAATS, TOOHIL, MURT, McNEILL,
DUNBAR, GREINER, FREEMAN, WATSON, HICKERNELL, KAVULICH,
A. HARRIS, CUTLER, MULLERY, NEILSON, SCHWEYER, MENTZER, WARD,
GROVE, DeLUCA, D. COSTA, PASHINSKI AND HEFFLEY,
MARCH 27, 2017
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 27, 2017
AN ACT
Amending Titles 42 (Judiciary and Judicial Procedure) and 75
(Vehicles) of the Pennsylvania Consolidated Statutes, in
budget and finance, further providing for municipal
corporation portion of fines and establishing the Municipal
Law Enforcement Accreditation Fund; in rules of the road in
general, further providing for speed timing devices; and, in
powers of department and local authorities, further providing
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
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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 and all-
terrain vehicles)) 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)
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(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
money from the fund to any Pennsylvania-based nonprofit
corporation comprised solely of Pennsylvania municipal police
department administrators that 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.
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Section 3. Section 3368(a), (c) and (d) of Title 75 are
amended and the section is amended by adding a 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 a full-service police
department of a political subdivision or regional police
department.
(3) Electronic devices which calculate speed by
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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] 10 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 based on evidence
obtained through the use of devices authorized by paragraph
(2)(ii) unless the speed recorded is 10 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 that:
(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
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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 one of the following:
(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 May 22, 1935 (P.L.233, No.99),
referred to as the Second Class City Policemen Relief
Law.
(C) The act of May 29, 1956 (1955 P.L.1804,
No.600), referred to as the Municipal Police Pension
Law.
(D) The act of July 15, 1957 (P.L.901, No.399),
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known as the Optional Third Class City Charter Law.
The term does not include auxiliary police officers, part-
time police officers 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
a political subdivision authorized under subsection (c), the
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appropriate governing body must adopt an ordinance
authorizing the local or regional police department to employ
the 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 and
the subsection is amended by adding a paragraph 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 a 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 the enforcement and the
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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, the speed restrictions 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.
* * *
(24) As used in this subsection, the following words and
phrases shall have the meanings given to them in this
paragraph unless the context clearly indicates otherwise:
"Full-service police department." A local or regional
police department that:
(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
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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 one of the following:
(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 May 22, 1935 (P.L.233, No.99),
referred to as the Second Class City Policemen Relief
Law.
(C) The act of May 29, 1956 (1955 P.L.1804,
No.600), referred to as the Municipal Police Pension
Law.
(D) 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 police officers, part-
time police officers or fire police.
Section 5. This act shall take effect in 120 days.
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