PRINTER'S NO. 34
No. 45 Session of 1991
INTRODUCED BY LLOYD, MERRY, NOYE, CARONE, NAHILL, STABACK,
VAN HORNE, GODSHALL, TRELLO, DALEY, BILLOW, GIGLIOTTI,
HECKLER, HALUSKA, PISTELLA, VEON, PESCI, BUNT, BOYES AND
TIGUE, JANUARY 15, 1991
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 15, 1991
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for purchase,
3 consumption, possession and transportation of alcohol.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. In enacting this act, it is the intent of the
7 General Assembly to codify existing case law on the issue of
8 constructive possession of alcohol by minors.
9 Section 2. Section 6308 of Title 18 of the Pennsylvania
10 Consolidated Statutes is amended by adding a subsection to read:
11 § 6308. Purchase, consumption, possession or transportation of
12 liquor or malt or brewed beverages.
13 * * *
14 (a.1) Constructive possession.--The presence of a minor at
15 premises where liquor or malt or brewed beverages are present or
16 are being consumed and the opportunity for the minor to consume
17 the liquor or malt or brewed beverages are insufficient to
1 establish possession of liquor or malt or brewed beverages under
2 subsection (a). In order to establish possession of liquor or
3 malt or brewed beverages under subsection (a), it must be proven
4 that the defendant had all of the following:
5 (1) Power to control the liquor or malt or brewed
6 beverages.
7 (2) Intent to exercise the control under paragraph (1).
8 * * *
9 Section 3. This act shall take effect in 60 days.
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