PRINTER'S NO. 404
No. 391 Session of 1999
INTRODUCED BY McGILL, RUBLEY, WILT, E. Z. TAYLOR, SCHRODER,
BROWNE, BENNINGHOFF, CORRIGAN, ORIE, HARHAI, WILLIAMS, BARRAR
AND B. SMITH, FEBRUARY 8, 1999
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 8, 1999
AN ACT
1 Amending Titles 42 (Judiciary and Judicial Procedure) and 75
2 (Vehicles) of the Pennsylvania Consolidated Statutes, further
3 providing for municipal corporation portion of fines, etc.,
4 and for speed timing devices.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 3573(b) of Title 42 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 3573. Municipal corporation portion of fines, etc.
10 * * *
11 (b) Vehicle offenses.--
12 (1) When prosecution under the provisions of Title 75
13 (relating to vehicles) for parking is the result of local
14 police action, all fines, forfeited recognizances and other
15 forfeitures imposed, lost or forfeited shall be payable to
16 the municipal corporation under which the local police are
17 organized.
18 (2) Except as provided in [paragraph (3)] paragraphs (3)
1 and (4), when prosecution under any other provision of Title
2 75 (except Chapter 77 (relating to snowmobiles)) is the
3 result of local police action, one-half of all fines,
4 forfeited recognizances and other forfeitures imposed, lost
5 or forfeited shall be payable to the municipal corporation
6 under which the local police are organized.
7 (3) When prosecution under 75 Pa.C.S. § 3731 (relating
8 to driving under influence of alcohol or controlled
9 substance) is the result of local police action, 50% of all
10 fines, forfeited recognizances and other forfeitures imposed,
11 lost or forfeited shall be payable to the municipal
12 corporation under which the local police are organized, and
13 50% shall be payable to the county which shall be further
14 divided as follows:
15 (i) Fifty percent of the moneys received shall be
16 allocated to the appropriate county authority which
17 implements the county drug and alcohol program to be used
18 solely for the purposes of aiding programs promoting drug
19 abuse and alcoholism prevention, education, treatment and
20 research. Programs under this subparagraph include
21 Project DARE (Drug and Alcohol Resistance Education).
22 (ii) Fifty percent of the moneys received shall be
23 used for expenditures incurred for county jails, prisons,
24 workhouses and detention centers.
25 (4) When prosecution under 75 Pa.C.S. Ch. 33 Subch. F
26 (relating to speed restrictions) involves the use of radar by
27 local police under 75 Pa.C.S. § 3368(c)(2) (relating to speed
28 timing devices), 100% of all fines, forfeited recognizances
29 and other forfeitures imposed, lost or forfeited shall be
30 payable to the Commonwealth for credit to the Motor License
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1 Fund, and 50% of the amount so paid and credited shall be
2 allocated by the Department of Transportation for grants to
3 local police departments for highway safety programs,
4 equipment and training.
5 * * *
6 Section 2. Section 3368(c) of Title 75 is amended to read:
7 § 3368. Speed timing devices.
8 * * *
9 (c) Mechanical, electrical and electronic devices
10 authorized.--
11 (1) Except as otherwise provided in this section, the
12 rate of speed of any vehicle may be timed on any highway by a
13 police officer using a mechanical or electrical speed timing
14 device.
15 (2) [Except as otherwise provided in paragraph (3),
16 electronic] Electronic devices such as radio-microwave
17 devices (commonly referred to as electronic speed meters or
18 radar) may be used only by members of the Pennsylvania State
19 Police[.] and by members of local police departments which
20 have obtained an annual permit issued by the Pennsylvania
21 State Police. The following requirements must be met before
22 local police may use radar for speed enforcement under this
23 paragraph:
24 (i) The local police officer must undergo an
25 approved training course that conforms to Pennsylvania
26 State Police training guidelines in the use and
27 certification of operators and radar units.
28 (ii) The need for this type of speed enforcement can
29 be documented based on accident data and traffic density.
30 The permit may be revoked at any time for failure to comply
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1 with guidelines established by the Pennsylvania State Police.
2 (3) Electronic devices which calculate speed by
3 measuring elapsed time between measured road surface points
4 by using two sensors and devices which measure and calculate
5 the average speed of a vehicle between any two points may be
6 used by any police officer.
7 (4) No person may be convicted upon evidence obtained
8 through the use of devices authorized by paragraphs (2) and
9 (3) unless the speed recorded is six or more miles per hour
10 in excess of the legal speed limit. Furthermore, no person
11 may be convicted upon evidence obtained through the use of
12 devices authorized by paragraph (3) in an area where the
13 legal speed limit is less than 55 miles per hour if the speed
14 recorded is less than ten miles per hour in excess of the
15 legal speed limit. This paragraph shall not apply to evidence
16 obtained through the use of devices authorized by paragraph
17 (3) within a school zone.
18 * * *
19 Section 3. This act shall take effect in 60 days.
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