II 

108TH CONGRESS 

1ST SESSION S. 192

To amend title 23, United States Code, to provide for criminal and civil 

liability for permitting an intoxicated arrestee to operate a motor vehicle. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 16, 2003

Mr. CORZINE introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL

To amend title 23, United States Code, to provide for criminal and civil liability for permitting an intoxicated arrestee to operate a motor vehicle.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘John’s Law of 2003’’. 

5 SEC. 2. LIABILITY FOR PERMITTING AN INTOXICATED AR6 RESTEE TO OPERATE A MOTOR VEHICLE. 

7 (a) IN GENERAL.—Subchapter I of chapter 1 of title 

8 23, United States Code, is amended by adding at the end 

9 the following: 
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1 ‘‘§ 165. Liability for permitting an intoxicated ar2 restee to operate a motor vehicle 

3 ‘‘(a) DEFINITION OF MOTOR VEHICLE.—In this sec4 tion, the term ‘motor vehicle’ means a vehicle driven or 

5 drawn by mechanical power and manufactured primarily 

6 for use on public highways, but does not include a vehicle 

7 operated only on a rail. 

8 ‘‘(b) WITHHOLDING OF APPORTIONMENTS FOR NON9 COMPLIANCE.—

10 ‘‘(1) FISCAL YEAR 2005.—The Secretary shall 

11 withhold 5 percent of the amount required to be ap12 portioned to any State under each of paragraphs 

13 (1), (3), and (4) of section 104(b) on October 1, 

14 2004, if the State does not meet the requirements 

15 of paragraph (3) on that date. 

16 ‘‘(2) SUBSEQUENT FISCAL YEARS.—The Sec17 retary shall withhold 10 percent of the amount re18 quired to be apportioned to any State under each of 

19 paragraphs (1), (3), and (4) of section 104(b) on 

20 October 1, 2005, and on October 1 of each fiscal 

21 year thereafter, if the State does not meet the re22 quirements of paragraph (3) on that date. 

23 ‘‘(3) REQUIREMENTS.—A State meets the re24 quirements of this paragraph if the State has en25 acted and is enforcing a law that is substantially as 

26 follows: 
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1 ‘‘(A) WRITTEN STATEMENT.—If a person 

2 is summoned by or on behalf of a person who 

3 has been arrested for public intoxication in 

4 order to transport or accompany the arrestee 

5 from the premises of a law enforcement agency, 

6 the law enforcement agency shall provide that 

7 person with a written statement advising him of 

8 his potential criminal and civil liability for per9 mitting or facilitating the arrestee’s operation 

10 of a motor vehicle while the arrestee remains 

11 intoxicated. The person to whom the statement 

12 is issued shall acknowledge, in writing, receipt 

13 of the statement, or the law enforcement agency 

14 shall record the fact that the written statement 

15 was provided, but the person refused to sign an 

16 acknowledgment. The State shall establish the 

17 content and form of the written statement and 

18 acknowledgment to be used by law enforcement 

19 agencies throughout the State and may issue 

20 directives to ensure the uniform implementation 

21 of this subparagraph. Nothing in this subpara22 graph shall impose any obligation on a physi23 cian or other health care provider involved in 

24 the treatment or evaluation of the arrestee. 
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1 ‘‘(B) IMPOUNDMENT OF VEHICLE OPER2 ATED BY ARRESTEE; CONDITIONS OF RELEASE; 

3 FEE FOR TOWING, STORAGE.—

4 ‘‘(i) If a person has been arrested for 

5 public intoxication, the arresting law en6 forcement agency shall impound the vehicle 

7 that the person was operating at the time 

8 of arrest. 

9 ‘‘(ii) A vehicle impounded pursuant to 

10 this subparagraph shall be impounded for 

11 a period of 12 hours after the time of ar12 rest or until such later time as the arrestee 

13 claiming the vehicle meets the conditions 

14 for release in clause (iv). 

15 ‘‘(iii) A vehicle impounded pursuant 

16 to this subparagraph may be released to a 

17 person other than the arrestee prior to the 

18 end of the impoundment period only if—

19 ‘‘(I) the vehicle is not owned or 

20 leased by the person under arrest and 

21 the person who owns or leases the ve22 hicle claims the vehicle and meets the 

23 conditions for release in clause (iv); or 

24 ‘‘(II) the vehicle is owned or 

25 leased by the arrestee, the arrestee 
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1 gives permission to another person, 

2 who has acknowledged in writing re3 ceipt of the statement to operate the 

4 vehicle and the conditions for release 

5 in clause (iv). 

6 ‘‘(iv) A vehicle impounded pursuant to 

7 this subparagraph shall not be released un8 less the person claiming the vehicle—

9 ‘‘(I) presents a valid operator’s 

10 license, proof of ownership or lawful 

11 authority to operate the vehicle, and 

12 proof of valid motor vehicle insurance 

13 for that vehicle; 

14 ‘‘(II) is able to operate the vehi15 cle in a safe manner and would not be 

16 in violation driving while intoxicated 

17 laws; and 

18 ‘‘(III) meets any other conditions 

19 for release established by the law en20 forcement agency. 

21 ‘‘(v) A law enforcement agency im22 pounding a vehicle pursuant to this sub23 paragraph is authorized to charge a rea24 sonable fee for towing and storage of the 

25 vehicle. The law enforcement agency is fur-
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1 ther authorized to retain custody of the ve2 hicle until that fee is paid. 

3 ‘‘(c) PERIOD OF AVAILABILITY; EFFECT OF COMPLI4 ANCE AND NONCOMPLIANCE.—

5 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

6 FUNDS.—Any funds withheld under subsection (b) 

7 from apportionment to any State shall remain avail8 able until the end of the fourth fiscal year following 

9 the fiscal year for which the funds are authorized to 

10 be appropriated. 

11 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

12 AFTER COMPLIANCE.—If, before the last day of the 

13 period for which funds withheld under subsection (b) 

14 from apportionment are to remain available for ap15 portionment to a State under paragraph (1), the 

16 State meets the requirements of subsection (a)(3), 

17 the Secretary shall, on the first day on which the 

18 State meets the requirements, apportion to the State 

19 the funds withheld under subsection (b) that remain 

20 available for apportionment to the State. 

21 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE22 QUENTLY APPORTIONED FUNDS.—

23 ‘‘(A) IN GENERAL.—Any funds appor24 tioned under paragraph (2) shall remain avail25 able for expenditure until the end of the third 
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1 fiscal year following the fiscal year in which the 

2 funds are so apportioned. 

3 ‘‘(B) TREATMENT OF CERTAIN FUNDS.—

4 Any funds apportioned under paragraph (2) 

5 that are not obligated at the end of the period 

6 referred to in subparagraph (A) shall be allo7 cated equally among the States that meet the 

8 requirements of subsection (a)(3). 

9 ‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the 

10 end of the period for which funds withheld under 

11 subsection (b) from apportionment are available for 

12 apportionment to a State under paragraph (1), the 

13 State does not meet the requirements of subsection 

14 (a)(3), the funds shall be allocated equally among 

15 the States that meet the requirements of subsection 

16 (a)(3).’’. 

17 (b) CONFORMING AMENDMENT.—The analysis for 

18 subchapter I of chapter 1 of title 23, United States Code, 

19 is amended by adding at the end the following:

‘‘165. Liability for permitting an intoxicated arrestee to operate a motor vehicle.’’.

Æ