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108th CONGRESS
2d Session
S. 2480
To amend title 23, United States Code, to research and prevent drug
impaired driving.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 21, 2004
Mr. Grassley introduced the following bill; which was read twice and
referred to the Committee on Environment and Public WorksYYYYYY
_______________________________________________________________________
A BILL
To amend title 23, United States Code, to research and prevent drug
impaired driving.
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 ``Drug Impaired Driving Research and
Prevention Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) driving under the influence of, or after having used,
illegal drugs has become a significant problem worldwide;
(2) in 2002, over 35,000,000 persons in the United States
aged 12 or older had used illegal drugs in the past year and
almost 11,000,000 of these persons (5 percent of the total
population of the United States aged 12 or older and 31 percent
of past year illicit drug users) had driven under the influence
of, or after having used, illegal drugs in the past year;
(3) research has established that abuse of a number of
drugs can impair driving performance;
(4) according to the National Highway Traffic Safety
Administration, illegal drugs (often in combination with
alcohol) are used by approximately 10 to 22 percent of drivers
involved in all motor vehicles crashes;
(5) drug impaired drivers are less frequently detected,
prosecuted, or referred to treatment than drunk drivers;
(6) there is a lack of uniformity or consistency in the way
the 50 States approach drug impaired drivers;
(7) too few police officers have been trained to detect
drug impaired drivers, and too few prosecutors have been
trained to prove drug impaired driving cases beyond a
reasonable doubt;
(8) per se drug impaired driving laws, like those used for
driving under the influence of alcohol, are feasible and
represent a sound strategy for dealing with drug impaired
drivers and can assist in the prosecution of drug impaired
driving offenders; and
(9) while it is illegal in all States to drive a motor
vehicle while under the influence of alcohol, drugs other than
alcohol, or a combination of alcohol and other drugs, there is
no consistent method across States for identifying drug
impairment and the presence of drugs in the body.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to provide a model for States to implement and enforce
a drug impaired driving statute;
(2) to ensure drivers in need of drug education or
treatment are identified and provided with the appropriate
assistance;
(3) to advance research and development of testing
mechanisms and knowledge about drugged driving and its impact
on traffic safety; and
(4) to enhance the training of traffic safety officers and
prosecutors to detect, enforce, and prosecute drug impaired
driving laws.
SEC. 4. DEFINITIONS.
In this Act, the following definitions apply:
(1) Controlled substance.--The term ``controlled
substance'' includes substances listed in schedules I through V
of section 112(e) of the Controlled Substances Act (21 U.S.C.
812(e)).
(2) Inhalant.--The term ``inhalant'' means a household or
commercial product that can be used by inhaling for
intoxicating effect.
(3) Drug recognition expert.--The term ``drug recognition
expert'' means an individual trained in a specific evaluation
procedure that enables the person to determine whether an
individual is under the influence of drugs and then to
determine the type of drug causing the observable impairment.
SEC. 5. MODEL STATUTE.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Secretary shall develop and provide to the
States a model statute relating to drug impaired driving which
incorporates the provisions described in this Act.
(b) Mandatory Provisions.--Provisions of the model statute
developed by the Secretary for recommendation to the States under this
section shall include, at a minimum, a provision that the crime of drug
impaired driving is committed when a person operates a motor vehicle--
(1) while any detectable amount of a controlled substance
is present in the person's body, as measured in the person's
blood, urine, saliva, or other bodily substance; or
(2) due to the presence of a controlled substance or a
controlled substance in combination with alcohol or an
inhalant, or both, in the person's body, the person's mental or
physical faculties are affected to a noticeable or perceptible
degree.
(c) Discretionary Provisions.--Provisions of the model statute
developed by the Secretary for recommendation to the States under this
section may include the following:
(1) Sanctions for refusing to submit to a test for the
presence of a controlled substance in a person's body which are
equivalent to sanctions for a positive test result.
(2) Lawful use of any controlled substance listed in
schedule II, III, IV, or V of section 112(c) of the Controlled
Substances Act (21 U.S.C. 812(c)) that was lawfully prescribed
by a physician licensed under State law is an affirmative
defense to a charge of drug impaired driving; except that the
affirmative defense shall not be available if it is shown that
the person's mental or physical faculties were impaired by such
use to a noticeable or perceptible degree.
(3) A graduated system of penalties for repeat offenses of
drug impaired driving, including, at a minimum, that a third or
subsequent offense within a 10-year period shall be a felony
punishable by imprisonment for more than a year.
(4) Authorization for States to suspend or revoke the
license of any driver upon receiving a record of the driver's
conviction of driving a motor vehicle while under the influence
of a controlled substance.
(5) Provisions that require a sentence of imprisonment
imposed for any drug impaired driving offense be served
consecutively, not concurrently, from a sentence imposed for
any other criminal act; except that a sentence imposed for the
same act of impaired driving may be imposed concurrently if the
additional conviction was based on an alternate theory of
culpability for the same act.
(6) An appropriate system of evaluation, counseling,
treatment (if required), and supervision for persons convicted
of drug impaired driving.
SEC. 6. RESEARCH AND DEVELOPMENT.
Section 403(b) of title 23, United States Code, is amended by
adding at the end the following:
``(5) New technology to detect drug use.
``(6) Research and development to improve testing
technology, including toxicology lab resources and field test
mechanisms to enable States to process toxicology evidence in a
more timely manner.
``(7) Determining per se impairment levels for controlled
substances and the compound effects of alcohol and controlled
substances on impairment to facilitate enforcement of per se
drug impaired driving laws. Research under this paragraph shall
be carried out in collaboration with the National Institute on
Drug Abuse of the National Institutes of Health.''.
SEC. 7. GOALS FOR TRAINING.
Section 403 of title 23, United States Code, is amended by adding
at the end the following:
``(g) Training Goals.--For the purpose of enhancing the States'
ability to detect, enforce, and prosecute drug impaired driving laws,
the Secretary shall--
``(1) establish and carry out programs to enhance police
and prosecutor training efforts for enforcement of laws
relating to drug impaired driving and for development of
programs to improve enforcement of such laws; and
``(2) ensure that drug impaired driving enforcement
training or drug recognition expert programs, or both, exist in
all 50 States and the District of Columbia by December 31,
2006.''.
SEC. 8. DUTIES.
The Administrator of the National Highway Traffic Safety
Administration shall--
(1) advise and coordinate with other Federal agencies on
how to address the problem of driving under the influence of an
illegal drug; and
(2) conduct research on the prevention, detection, and
prosecution of driving under the influence of an illegal drug.
SEC. 9. REPORTS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act and annually thereafter, the Secretary shall
transmit to Congress a report on the progress being made in carrying
out this Act, including the amendments made by this Act.
(b) Contents.--The Secretary shall include in the report an
assessment of the status of drug impaired driving laws in the United
States--
(1) new research and technologies in the area of drug
impaired driving enforcement;
(2) a description of the extent of the problem of driving
under the influence of an illegal drug in each State and any
available information relating thereto, including a description
of any laws relating to the problem of driving under the
influence of an illegal drug; and
(3) recommendations for addressing the problem of driving
under the influence of an illegal drug.
SEC. 10. FUNDING.
Out of amounts appropriated to carry out section 403 of title 23,
United States Code, for fiscal years 2004 through 2009, the Secretary
shall use, at a minimum, $1,200,000 per fiscal year to carry out drug
impaired driving traffic safety programs, including the provisions of
this section and the amendments made by this section.
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