Pennsylvania Act 1994-154 — JUDICIAL CODE (42 PA.C.S.) AND VEHICLE CODE (75 PA.C.S.) - AMEND

Act text

JUDICIAL CODE (42 PA.C.S.) AND VEHICLE CODE (75 PA.C.S.) - AMEND
                 Act of Dec. 27, 1994, P.L. 1337, No. 154             Cl. 42
                             Session of 1994
                               No. 1994-154

     SB 313

                                  AN ACT

     Amending Titles 42 (Judiciary and Judicial Procedure) and 75
        (Vehicles) of the Pennsylvania Consolidated Statutes, further
        providing for distribution of fines, etc. and for
        forfeitures; regulating pursuit of vehicles by police; and
        further providing for the disposition of fines imposed for
        violations of Title 75 involving snowmobiles.

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

        Section 1.  Sections 3571(a), (b) and (e), 3572, 3573 and
     6801(h) and (i) of Title 42 of the Pennsylvania Consolidated
     Statutes are amended to read:
      § 3571.  Commonwealth portion of fines, etc.
        (a)  General rule.--Except as otherwise provided by statute,
     the Commonwealth shall be entitled to receive all fines,
     forfeited[,] recognizances and other forfeitures imposed, lost
     or forfeited, fees and costs which by law have heretofore been
     paid or credited to, or which by statute are payable or
     creditable to, the Commonwealth. Fees and charges in an
     appellate court fixed pursuant to section 1725 (relating to
     establishment of fees and charges) shall be paid into the State
     Treasury. Unless otherwise expressly provided by the General
     Appropriation Act, such fees and charges shall be credited to
     the appropriation of the appellate court in which they were
     received.
        (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), 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.
            (3)  Except as provided in 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. § 3731 (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. Programs under this subparagraph include
            Project DARE (Drug and Alcohol Resistance Education).
                (ii)  Fifty percent of the moneys received shall be
            used for expenditures incurred for county jails, prisons,
            workhouses and detention centers.
        * * *
        (e)  Other offenses.--Fines, forfeited[,] recognizances and
     other forfeitures imposed, lost or forfeited under the following
     provisions of law shall be payable to the Commonwealth:
            18 Pa.C.S. § 7361 (relating to worldly employment or
        business).
            Act of December 1, 1965 (P.L.988, No.368), known as the
        Weights and Measures Act of 1965, when the proceeding is
        instituted by an agent or employee of the Department of
        Agriculture.
            Act of November 26, 1978 (P.L.1375, No.325), known as the
        Dam Safety and Encroachments Act.
      § 3572.  County portion of fines, etc.
        Except as otherwise provided in this subchapter, all fines,
     forfeited[,] recognizances and other forfeitures imposed, lost
     or forfeited and fees and costs collected in the court of common
     pleas, or community court established for a judicial district
     embracing a county, or in a magisterial district within the
     county, or in the Philadelphia Municipal Court, shall be payable
     to such county.
      § 3573.  Municipal corporation portion of fines, etc.
        (a)  General rule.--Except as otherwise provided by this
     subchapter, all fines, forfeited[,] recognizances and other
     forfeitures imposed, lost or forfeited for violation of any
     ordinance of any municipal corporation, or which under any other
     statute are to be paid to any specified municipal corporation,
     shall be payable to such municipal corporation.
        (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), 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. § 3731 (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. Programs under this subparagraph include
            Project DARE (Drug and Alcohol Resistance Education).
                (ii)  Fifty percent of the moneys received shall be
            used for expenditures incurred for county jails, prisons,
            workhouses and detention centers.
        (c)  Summary offenses.--Fines, forfeited[,] recognizances and
     other forfeitures imposed, lost or forfeited under the following
     provisions of law shall, when any such offense is committed in a
     municipal corporation, be payable to such municipal corporation:
            (1)  Under the following provisions of Title 18 (relating
        to crimes and offenses):
                Section 2709 (relating to harassment).
                Section 3304 (relating to criminal mischief).
                Section 3503 (relating to criminal trespass).
                Section 3929 (relating to retail theft).
                Section 4105 (relating to bad checks).
                Section 5503 (relating to disorderly conduct).
                Section 5505 (relating to public drunkenness).
                Section 5511 (relating to cruelty to animals).
                Section 6308 (relating to purchase, consumption,
            possession or transportation of intoxicating beverages).
                Section 6501 (relating to scattering rubbish).
            (2)  Section 13, act of January 24, 1966 (1965 P.L.1535,
        No.537), known as the ["]Pennsylvania Sewage Facilities
        Act.["]
        (d)  Pittsburgh.--Except as otherwise provided in this
     subchapter, all fines, forfeited[,] recognizances and other
     forfeitures imposed, lost or forfeited in the Pittsburgh
     Magistrates Court or the Pittsburgh Traffic Court shall be
     payable to the City of Pittsburgh.
      § 6801.  Loss of property rights to Commonwealth.
        * * *
        (h)  Authorization to utilize property.--The district
     attorney and the Attorney General shall utilize forfeited
     property or proceeds thereof for the purpose of enforcing the
     provisions of The Controlled Substance, Drug, Device and
     Cosmetic Act. In appropriate cases, the district attorney and
     the Attorney General may designate proceeds from forfeited
     property to be utilized by community-based drug and crime-
     fighting programs and for relocation and protection of witnesses
     in criminal cases.
        (i)  Annual audit of forfeited property.--It shall be the
     responsibility of every county in this Commonwealth to provide,
     through the controller, board of auditors or other appropriate
     auditor and the district attorney, an annual audit of all
     forfeited property and proceeds obtained under this section. The
     audit shall not be made public but shall be submitted to the
     Office of Attorney General. The county shall report all
     forfeited property and proceeds obtained under this section and
     the disposition thereof to the Attorney General by September 30
     of each year.
        * * *
        Section 2.  Section 1508 of Title 75 is amended by adding a
     subsection to read:
      § 1508.  Examination of applicant for driver's license.
        * * *
        (d)  Police pursuit awareness.--The driver's manual shall
     include a section summarizing the risks involved in fleeing or
     attempting to elude a police officer. The section shall also
     summarize the related penalties for a violation of section 3733
     (relating to fleeing or attempting to elude police officer).
        Section 3.  Sections 1532(b)(1) and (3) and 3733 of Title 75
     are amended to read:
      § 1532.  Revocation or suspension of operating privilege.
        * * *
        (b)  Suspension.--
            (1)  The department shall suspend the operating privilege
        of any driver for six months upon receiving a certified
        record of the driver's conviction of or an adjudication of
        delinquency based on any offense under the following
        provisions:
                Section 3367 (relating to racing on highways).
                [Section 3733 (relating to fleeing or attempting to
            elude police officer).]
                Section 3734 (relating to driving without lights to
            avoid identification or arrest).
                Section 3736 (relating to reckless driving).
                Section 3743 (relating to accidents involving damage
            to attended vehicle or property).
            * * *
            (3)  The department shall suspend the operating privilege
        of any driver for 12 months upon receiving a certified record
        of the driver's conviction of section 3731 (relating to
        driving under influence of alcohol or controlled substance)
        or 3733 (relating to fleeing or attempting to elude police
        officer) or an adjudication of delinquency based on section
        3731 or 3733. The department shall suspend the operating
        privilege of any driver for six months upon receiving a
        certified record of a consent decree granted under 42 Pa.C.S.
        Ch. 63 (relating to juvenile matters) based on section 3731
        or 3733.
            * * *
      § 3733.  Fleeing or attempting to elude police officer.
        (a)  Offense defined.--Any driver of a motor vehicle who
     willfully fails or refuses to bring his vehicle to a stop, or
     who otherwise flees or attempts to elude a pursuing police
     [vehicle] officer, when given visual or audible signal to bring
     the vehicle to a stop, [is guilty of a summary offense and
     shall, upon conviction, be sentenced to pay a fine of $200.]
     commits a misdemeanor of the second degree. Any driver upon
     conviction shall pay an additional fine of $500. This fine shall
     be in addition to and not in lieu of all other fines, court
     expenses, jail sentences or penalties.
        (a.1)  Disposition of fines, etc.--The fines imposed and
     collected under subsection (a) shall not be subject to 42
     Pa.C.S. § 3733 (relating to deposits into account). The fines
     imposed and collected under subsection (a) shall be distributed
     in the manner provided in 42 Pa.C.S. § 3571(b)(2) and (3)
     (relating to Commonwealth portion of fines, etc.).
        (b)  Signal by police officer.--The signal given by the
     police officer may be by hand, voice, emergency lights or siren.
        (c)  Defenses.--It is a defense to a prosecution under this
     section that the pursuing police vehicle was not clearly
     identifiable by its markings or, if unmarked, was not occupied
     by a police officer who was in uniform and displaying a badge or
     other sign of authority.
        Section 4.  Chapter 63 of Title 75 is amended by adding a
     subchapter to read:
                                CHAPTER 63
                               ENFORCEMENT
                                  * * *
                               SUBCHAPTER C
                           PURSUIT OF VEHICLES
     Sec.
     6341.  Definitions.
     6342.  Written policies required.
     6343.  Pursuit records.
     6344.  Pennsylvania State Police report.
     6345.  Liability.
      § 6341.  Definitions.
        The following words and phrases when used in this subchapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Commission."  The Municipal Police Officers' Education and
     Training Commission established under the act of June 18, 1974
     (P.L.359, No.120), referred to as the Municipal Police Education
     and Training Law.
        "Commissioner."  The Commissioner of the Pennsylvania State
     Police.
        "Motor vehicle pursuit."  An active attempt by a police
     officer operating a motor vehicle to apprehend one or more
     occupants of a motor vehicle when the driver of the vehicle is
     resisting the apprehension by maintaining or increasing his
     speed or by ignoring the police officer's audible or visual
     signal to stop.
      § 6342.  Written policies required.
        (a)  General rule.--Each police department shall develop and
     implement a written emergency vehicle response policy governing
     the procedures under which a police officer should initiate,
     continue and terminate a motor vehicle pursuit. This policy may
     be the model policy endorsed by a national or state organization
     or association of police chiefs or police officers. The written
     policy shall incorporate the guidelines under this section.
        (b)  Intent of guidelines.--The guidelines under this section
     are solely intended to direct police departments to maintain
     pursuit policies and outline the content of those pursuit
     policies. The guidelines contained in this section are not
     intended to mandate the actions of individual police officers
     during any particular pursuit.
        (c)  Policy guidelines.--Each police department policy shall
     include, but not be limited to, the following procedural
     elements:
            (1)  Decision making criteria or principles for
        initiation of pursuit. These criteria or principles may
        include, but not be limited to:
                (i)  The potential for harm or immediate or potential
            danger to others if the fleeing individual or individuals
            escape.
                (ii)  The seriousness of the offense committed or
            believed to have been committed by the individual or
            individuals attempting to flee.
                (iii)  Safety factors that pose a risk to police
            officers, other motorists, pedestrians and other persons.
            (2)  Responsibilities of the pursuing officers.
            (3)  Responsibilities for the communications center.
            (4)  Responsibilities of the field supervisor.
            (5)  Traffic regulations during pursuit, including, but
        not limited to, the use of emergency equipment, audio signals
        and visual signals.
            (6)  Pursuit tactics.
            (7)  Roadblock usage.
            (8)  Communication and coordination of pursuit protocol
        for interjurisdictional pursuit.
            (9)  Decision making criteria or principles for
        termination of pursuit. These criteria or principles may
        include, but not be limited to, safety factors that pose a
        risk to police officers, other motorists, pedestrians and
        other persons.
        (d)  Biennial certification.--The commission shall certify
     every other year whether each department has a pursuit policy in
     force. The commission shall provide to the Pennsylvania State
     Police a list of those municipal police departments that have
     and have not notified or certified to the commission that that
     department has a pursuit policy. The biennial certification may
     be implemented simultaneously with other certifications
     conducted by the commission.
        (e)  Policy confidential.--A policy adopted under this
     section shall be confidential and shall not be made available to
     the general public.
        (f)  Limitations.--No police departmental policy may violate
     or supersede the requirements of 75 Pa.C.S. § 3105 (relating to
     drivers of emergency vehicles).
      § 6343.  Pursuit records.
        (a)  General rule.--All police departments shall maintain
     records of all motor vehicle pursuits.
        (b)  Procedure.--The commissioner, in consultation with the
     Pennsylvania Chiefs of Police Association and the Fraternal
     Order of Police, shall develop a reporting mechanism for which
     all police departments must comply and submit records of all
     motor vehicle pursuits. The commissioner, with the approval of
     the commission, shall determine the most efficient and least
     burdensome procedure for which this reporting requirement shall
     be carried out. This procedure may be incorporated at the
     discretion of the commissioner within existing or forthcoming
     uniform crime reporting functions, including a national
     incident-based reporting system.
        (c)  Content.--The report shall include, but not be limited
     to, the following information:
            (1)  Reason for pursuit.
            (2)  Injuries, if any, and to what persons.
            (3)  Property damage, if any.
            (4)  Deaths, if any.
            (5)  Suspect information, including statute violations
        and apprehension status of the suspect.
            (6)  Any other information deemed necessary by the
        commissioner to evaluate and improve pursuit policies.
        (d)  Implementation.--The commissioner may implement the
     reporting requirements to coincide with the timing of the
     implementation of a national incident-based reporting system
     within this Commonwealth.
      § 6344.  Pennsylvania State Police report.
        (a)  Annual report.--The Pennsylvania State Police shall
     compile pursuit data sent to it by individual police departments
     on an annual basis. The Pennsylvania State Police shall make an
     annual report based on Statewide data to the Appropriations
     Committee, the Transportation Committee and the Judiciary
     Committee of the Senate, the Appropriations Committee, the
     Transportation Committee and the Judiciary Committee of the
     House of Representatives, the Department of Transportation, the
     Office of Attorney General, the Law and Justice Committee of the
     Senate and all police departments which contribute to the
     report.
        (b)  Contents.--The Statewide report shall include, but not
     be limited to, the following information:
            (1)  Statewide totals or averages of information
        collected under section 6343(b) (relating to pursuit record).
            (2)  The total number and percentage of pursuits
        involving accidents.
            (3)  The total number and percentage of pursuits
        involving injuries.
            (4)  The total number and percentage of pursuits
        involving deaths.
            (5)  The percentage of fleeing individuals who are
        charged with nonpursuit-related offenses and a numerically
        totaled breakdown of those nonpursuit-related charges.
            (6)  A list of police departments which have not notified
        or certified to the commission that they have a pursuit
        policy as required by section 6342 (relating to written
        policies required).
        (c)  Submission of annual report.--The Pennsylvania State
     Police shall submit the first annual report after the first full
     calendar year of data collection.
      § 6345.  Liability.
        This subchapter does not increase the liability nor decrease
     the protection afforded municipalities and their employees under
     42 Pa.C.S. Ch. 85 Subch. C (relating to matters affecting
     government units).
        Section 5.  The first $200,000 of the fines collected under
     75 Pa.C.S. § 3733 which are not the subject of distribution to
     municipalities under 42 Pa.C.S. § 3571(b)(2) or (3) are hereby
     appropriated from the Motor License Fund to the Pennsylvania
     State Police for the implementation of 75 Pa.C.S. § 6343.
        Section 6.  This act shall take effect as follows:
            (1)  The amendment of 42 Pa.C.S. § 6801(h) and (i) shall
        take effect in 60 days.
            (2)  The amendment of 75 Pa.C.S. § 1508(d) shall take
        effect upon the date of notice published in the Pennsylvania
        Bulletin by the Department of Transportation that the
        Pennsylvania Driver's Manual has been reprinted for
        distribution to the general public. If this notice is not
        published on or before the date occurring one year from the
        date of final enactment of this act, section 1508(d) shall
        take effect one year from the date of final enactment of this
        act.
            (3)  The addition of 75 Pa.C.S. § 6343 shall take effect
        January 1, 1996.
            (4)  This section shall take effect immediately.
            (5)  The remainder of this act shall take effect in 180
        days.

     APPROVED--The 27th day of December, A. D. 1994.

     ROBERT P. CASEY