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CBILL22.TXT
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1994-11-11
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TITLE XXII-MOTOR VEHICLE THEFT PREVENTION
H4 SEC. 220001. SHORT TITLE.
This title may be cited as the "Motor Vehicle Theft Prevention
SEC. 220002. MOTOR VEHICLE THEFT PREVENTION PROGRAM.
(a) In General .-Not later than 180 days after the date of enactment
of this section, the Attorney General shall develop, in cooperation
with the States, a national voluntary motor vehicle theft prevention
program (in this section referred to as the "program") under which-
(1) the owner of a motor vehicle may voluntarily sign a consent form
with a participating State or locality in which the motor vehicle
owner- (A) states that the vehicle is not normally operated under
certain specified conditions; and
(B) agrees to-
(i) display program decals or devices on the owner's vehicle; and
(ii) permit law enforcement officials in any State to stop the motor
vehicle and take reasonable steps to determine whether the vehicle is
being operated by or with the permission of the owner, if the vehicle
is being operated under the specified conditions; and
(2) participating States and localities authorize law enforcement
officials in the State or locality to stop motor vehicles displaying
program decals or devices under specified conditions and take
reasonable steps to determine whether the vehicle is being operated by
or with the permission of the owner.
(b) Uniform Decal or Device Designs.-
(1) In general .-The motor vehicle theft prevention program developed
pursuant to this section shall include a uniform design or designs for
decals or other devices to be displayed by motor vehicles
participating in the program.
(2) Type of design .-The uniform design shall-
(A) be highly visible; and
(B) explicitly state that the motor vehicle to which it is affixed may
be stopped under the specified conditions without additional grounds
for establishing a reasonable suspicion that the vehicle is being
operated unlawfully.
(c) Voluntary Consent Form .-The voluntary consent form used to enroll
in the program shall-
(1) clearly state that participation in the program is voluntary;
(2) clearly explain that participation in the program means that, if
the participating vehicle is being operated under the specified
conditions, law enforcement officials may stop the vehicle and take
reasonable steps to determine whether it is being operated by or with
the consent of the owner, even if the law enforcement officials have
no other basis for believing that the vehicle is being operated
unlawfully;
(3) include an express statement that the vehicle is not normally
operated under the specified conditions and that the operation of the
vehicle under those conditions would provide sufficient grounds for a
prudent law enforcement officer to reasonably believe that the vehicle
was not being operated by or with the consent of the owner; and
(4) include any additional information that the Attorney General may
reasonably require.
(d) Specified Conditions Under Which Stops May Be Authorized .- (1) In
general .-The Attorney General shall promulgate rules establishing the
conditions under which participating motor vehicles may be authorized
to be stopped under this section. These conditions may not be based on
race, creed, color, national origin, gender, or age. These conditions
may include-
(A) the operation of the vehicle during certain hours of the day; or
(B) the operation of the vehicle under other circumstances that would
provide a sufficient basis for establishing a reasonable suspicion
that the vehicle was not being operated by the owner, or with the
consent of the owner.
(2) More than one set of conditions .-The Attorney General may
establish more than one set of conditions under which participating
motor vehicles may be stopped. If more than one set of conditions is
established, a separate consent form and a separate design for program
decals or devices shall be established for each set of conditions. The
Attorney General may choose to satisfy the requirement of a separate
design for program decals or devices under this
paragraph by the use of a design color that is clearly distinguishable
from other design colors.
(3) No new conditions without consent .-After the program has begun,
the conditions under which a vehicle may be stopped if affixed with a
certain decal or device design may not be expanded without the consent
of the owner.
(4) Limited participation by states and localities .-A State or
locality need not authorize the stopping of motor vehicles under all
sets of conditions specified under the program in order to participate
in the program.
(e) Motor Vehicles for Hire .-
(1) Notification to lessees .-Any person who is in the business of
renting or leasing motor vehicles and who rents or leases a motor
vehicle on which a program decal or device is affixed shall, prior to
transferring possession of the vehicle, notify the person to whom the
motor vehicle is rented or leased about the program.
(2) Type of notice .-The notice required by this subsection shall-
(A) be in writing;
(B) be in a prominent format to be determined by the Attorney General;
and
(C) explain the possibility that if the motor vehicle is operated
under the specified conditions, the vehicle may be stopped by law
enforcement officials even if the officials have no other basis for
believing that the vehicle is being operated unlawfully.
(3) Fine for failure to provide notice .-Failure to provide proper
notice under this subsection shall be punishable by a fine not to
exceed $ 5,000.
(f) Notification of Police .-As a condition of participating in the
program, a State or locality must agree to take reasonable steps to
ensure that law enforcement officials throughout the State or locality
are familiar with the program, and with the conditions under which
motor vehicles may be stopped under the program.
(g) Regulations .-The Attorney General shall promulgate regulations to
implement this section.
(h) Authorization of Appropriations .-There are authorized to carry
out this section.
(1) $ 1,500,000 for fiscal year 1996;
(2) $ 1,700,000 for fiscal year 1997; and
(3) $ 1,800,000 for fiscal year 1998.
SEC. 220003. ALTERING OR REMOVING MOTOR VEHICLE IDENTIFICATION
NUMBERS.
(a) Basic Offense .-Subsection (a) of section 511 of title 18, United
States Code, is amended to read as follows:
"(a) A person who-
"(1) knowingly removes, obliterates, tampers with, or alters an
identification number for a motor vehicle or motor vehicle part; or
"(2) with intent to further the theft of a motor vehicle, knowingly
removes, obliterates, tampers with, or alters a decal or device
affixed to a motor vehicle pursuant to the Motor Vehicle Theft
Prevention Act,
shall be fined under this title, imprisoned not more than 5 years, or
both.".
(b) Excepted Persons .-Paragraph (2) of section 511(b) of title 18,
United States Code, is amended-
(1) by striking "and" after the semicolon in subparagraph (B);
(2) by striking the period at the end of subparagraph (C) and
inserting "; and"; and
(3) by adding at the end the following new subparagraph:
"(D) a person who removes, obliterates, tampers with, or alters a
decal or device affixed to a motor vehicle pursuant to the Motor
Vehicle Theft Prevention Act, if that person is the owner of the motor
vehicle, or is authorized to remove, obliterate, tamper with or alter
the decal or device by-
"(i) the owner or his authorized agent;
"(ii) applicable State or local law; or
"(iii) regulations promulgated by the Attorney General to implement
the Motor Vehicle Theft Prevention Act.".
(c) Definition .-Section 511 of title 18, United States Code, is
amended by adding at the end thereof the following:
"(d) For purposes of subsection (a) of this section, the term 'tampers
with' includes covering a program decal or device affixed to a motor
vehicle pursuant to the Motor Vehicle Theft Prevention Act for the
purpose of obstructing its visibility.".
(d) Unauthorized Application of a Decal or Device .- (1) In general
.-Chapter 25 of title 18, United States Code, is amended by adding
after section 511 the following new section:
" 51. Unauthorized application of theft prevention decal or device
"(a) Whoever affixes to a motor vehicle a theft prevention decal or
other device, or a replica thereof, unless authorized to do so
pursuant to the [*H8848] Motor Vehicle Theft Prevention Act, shall be
punished by a fine not to exceed $ 1,000.
"(b) For purposes of this section, the term 'theft prevention decal or
device' means a decal or other device designed in accordance with a
uniform
design for such devices developed pursuant to the Motor Vehicle Theft
Prevention Act.".
(2) Technical amendment .-The chapter analysis for chapter 25 of title
18, United States Code, is amended by adding after the item relating
to section 511 the following new item:
"51. Unauthorized application of theft prevention decal or device.".