PRINTER'S NO. 353
No. 340 Session of 1999
INTRODUCED BY MAITLAND, CLARK, GEIST, HERSHEY, SATHER, STERN,
E. Z. TAYLOR AND THOMAS, FEBRUARY 8, 1999
REFERRED TO COMMITTEE ON INTERGOVERNMENTAL AFFAIRS,
FEBRUARY 8, 1999
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for chemical tests of blood or
3 urine to determine the amount of alcohol or controlled
4 substance.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 1547(c) of Title 75 of the Pennsylvania
8 Consolidated Statutes, amended December 21, 1998 (P.L. ,
9 No.151), is amended to read:
10 § 1547. Chemical testing to determine amount of alcohol or
11 controlled substance.
12 * * *
13 (c) Test results admissible in evidence.--In any summary
14 proceeding or criminal proceeding in which the defendant is
15 charged with a violation of section 3731 or any other violation
16 of this title arising out of the same action, the amount of
17 alcohol or controlled substance in the defendant's blood, as
18 shown by chemical testing of the person's breath, blood or
1 urine, which tests were conducted by qualified persons using
2 approved equipment, shall be admissible in evidence.
3 (1) Chemical tests of breath shall be performed on
4 devices approved by the Department of Health using procedures
5 prescribed jointly by regulations of the Departments of
6 Health and Transportation. Devices shall have been calibrated
7 and tested for accuracy within a period of time and in a
8 manner specified by regulations of the Departments of Health
9 and Transportation. For purposes of breath testing, a
10 qualified person means a person who has fulfilled the
11 training requirement in the use of the equipment in a
12 training program approved by the Departments of Health and
13 Transportation. A certificate or log showing that a device
14 was calibrated and tested for accuracy and that the device
15 was accurate shall be presumptive evidence of those facts in
16 every proceeding in which a violation of this title is
17 charged.
18 (2) Chemical tests of blood or urine shall be performed
19 by a clinical laboratory licensed and approved by the
20 Department of Health for this purpose using procedures and
21 equipment prescribed by the Department of Health or by a
22 Pennsylvania State Police criminal laboratory. For purposes
23 of blood and urine testing, qualified person means an
24 individual who is authorized to perform those chemical tests
25 under the act of September 26, 1951 (P.L.1539, No.389), known
26 as The Clinical Laboratory Act. The Department of Health, in
27 consultation with the Department of Transportation, shall
28 promulgate regulations which will provide for reciprocal
29 agreements among the various states contiguous with this
30 Commonwealth to provide for joint approval of clinical
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1 laboratories and personnel to test blood or urine.
2 * * *
3 Section 2. This act shall take effect in 60 days.
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