Prevent Impaired Driving Child Endangerment Act
This bill directs the Department of Transportation to withhold from states allocations of transportation funding unless such states enact and enforce certain laws with respect to an individual who is charged with driving a motor vehicle, with a child passenger, while intoxicated or impaired by alcohol, drugs, or a combination of substances.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3008 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3008
To amend title 23, United States Code, to establish national standards
relating to sanctions for individuals who drive a motor vehicle, with a
child passenger in the vehicle, while intoxicated or impaired, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 23, 2019
Miss Rice of New York introduced the following bill; which was referred
to the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend title 23, United States Code, to establish national standards
relating to sanctions for individuals who drive a motor vehicle, with a
child passenger in the vehicle, while intoxicated or impaired, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prevent Impaired Driving Child
Endangerment Act''.
SEC. 2. SANCTIONS FOR INDIVIDUALS DRIVING WITH CHILD PASSENGERS WHILE
INTOXICATED OR IMPAIRED.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 171. Sanctions for individuals driving with child passengers
while intoxicated or impaired
``(a) Withholding of Funds for Noncompliance.--
``(1) Fiscal year 2022.--On October 1, 2021, the Secretary
shall withhold 1 percent of the amount required to be
apportioned to a State under each of paragraphs (1) and (2) of
section 104(b) if the State does not meet the requirements of
subsection (b) on that date.
``(2) Fiscal year 2023.--On October 1, 2022, the Secretary
shall withhold 3 percent of the amount required to be
apportioned to a State under each of paragraphs (1) and (2) of
section 104(b) if the State does not meet the requirements of
subsection (b) on that date.
``(3) Fiscal year 2024 and thereafter.--On October 1, 2023,
and on October 1 of each fiscal year thereafter, the Secretary
shall withhold 5 percent of the amount required to be
apportioned to a State under each of paragraphs (1) and (2) of
section 104(b) if the State does not meet the requirements of
subsection (b) on that date.
``(b) Sanctions.--
``(1) In general.--A State meets the requirements of this
subsection if the State has enacted and is enforcing the
following laws with respect to an individual who is charged
with an offense of driving a motor vehicle, with a child
passenger in the vehicle, while intoxicated or while impaired
by alcohol, drugs, or a combination of substances:
``(A) A law that provides that the individual may
be charged with a felony subject to imprisonment for up
to 4 years in connection with the offense.
``(B) A law that requires the individual, if
convicted of the offense, to install and maintain for
at least 6 months an ignition interlock system on any
motor vehicle owned or operated by the individual.
``(C) A law that suspends the State driver's
license of the individual during the period of
prosecution of the offense, except that the law may
allow the individual--
``(i) to operate a motor vehicle during
that period, if the individual, prior to
operating the vehicle, installs and maintains
an ignition interlock system on the vehicle;
and
``(ii) to credit toward the 6-month period
referred to in subparagraph (B) any days during
which the individual installs and maintains an
ignition interlock system on a motor vehicle
pursuant to clause (i).
``(D) A law that--
``(i) requires the individual, if convicted
of the offense, to undergo an alcohol abuse,
substance abuse, or mental health assessment;
and
``(ii) if the assessment indicates a need
for treatment, authorizes the appropriate court
(or monitoring agency) to require the
individual to undergo treatment as part of the
individual's sentence in connection with the
conviction or as a condition for reissuance of
a State driver's license to the individual.
``(E) A law that requires, if the individual is
convicted of the offense and is the parent, guardian,
or custodian of the child passenger or is otherwise
legally responsible for the child passenger, the law
enforcement agency that charges the individual with the
offense or the appropriate court to file with the
appropriate State register of child abuse a report on
the individual concerning the offense.
``(2) Exceptions.--The Secretary may treat a State that has
enacted and is enforcing the laws described in paragraph (1) as
meeting the requirements of this subsection without regard to
whether any of those laws waives the application of a sanction
with respect to an individual who--
``(A) is a sibling of the child passenger; or
``(B) is under 21 years of age and is not a
guardian of the child passenger.
``(c) Period of Availability of Withheld Funds; Effect of
Compliance and Noncompliance.--
``(1) Period of availability of withheld funds.--Any funds
withheld under subsection (a) from apportionment to a State
shall remain available for apportionment to the State until the
end of the third fiscal year following the fiscal year for
which the funds are authorized to be appropriated.
``(2) Apportionment of withheld funds after compliance.--
If, before the last day of the period for which funds withheld
under subsection (a) from apportionment are to remain available
for apportionment to a State under paragraph (1), the State
meets the requirements of subsection (b), the Secretary shall,
on the first day on which the State meets the requirements of
subsection (b), apportion to the State the funds withheld under
subsection (a) that remain available for apportionment to the
State.
``(3) Period of availability of subsequently apportioned
funds.--Any funds apportioned pursuant to paragraph (2)--
``(A) shall remain available for expenditure until
the end of the third fiscal year following the fiscal
year in which the funds are so apportioned; and
``(B) if not apportioned at the end of that period,
shall lapse.
``(4) Effect of noncompliance.--If, at the end of the
period for which funds withheld under subsection (a) from
apportionment are available for apportionment to a State under
paragraph (1), the State does not meet the requirements of
subsection (b), the funds shall lapse.
``(d) Definitions.--In this section, the following definitions
apply:
``(1) Alcohol concentration.--The term `alcohol
concentration' means grams of alcohol per 100 milliliters of
blood or grams of alcohol per 210 liters of breath.
``(2) Child.--The term `child' means an individual younger
than 16 years of age.
``(3) Driving while intoxicated.--The term `driving while
intoxicated' means driving or being in actual physical control
of a motor vehicle in a State while having a blood alcohol
concentration or breath alcohol concentration of .08 or
greater.
``(4) Ignition interlock system.--The term `ignition
interlock system' means a system that--
``(A) is designed to prevent an individual from
starting a motor vehicle when the individual's breath
alcohol concentration is at or above a preset level;
``(B) has a camera technology to verify the user of
the system; and
``(C) is certified by the State concerned.
``(5) Motor vehicle.--The term `motor vehicle' means a
vehicle driven or drawn by mechanical power and manufactured
primarily for use on public highways, except that the term does
not include a vehicle operated solely on a rail line or a
commercial vehicle.
``(6) State driver's license.--The term `State driver's
license' means a license issued by a State authorizing an
individual to operate a motor vehicle on public highways.
``(e) Education.--The Administrator of the National Highway Traffic
Safety Administration, using existing funds, shall carry out programs
and activities to educate States on the impact of child endangerment
penalties for individuals who drive a motor vehicle, with a child
passenger in the vehicle, while intoxicated or while impaired by
alcohol, drugs, or a combination of substances.''.
(b) Clerical Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding at the end the following:
``171. Sanctions for individuals driving with child passengers while
intoxicated or impaired.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Highways and Transit.
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