PRIOR PRINTER'S NO. 353 PRINTER'S NO. 3084
No. 340 Session of 1999
INTRODUCED BY MAITLAND, CLARK, GEIST, HERSHEY, SATHER, STERN,
E. Z. TAYLOR, THOMAS AND WOJNAROSKI, FEBRUARY 8, 1999
AS REPORTED FROM COMMITTEE ON INTERGOVERNMENTAL AFFAIRS, HOUSE
OF REPRESENTATIVES, AS AMENDED, MARCH 13, 2000
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, IF CONDUCTED BY A <--
19 FACILITY LOCATED IN THIS COMMONWEALTH, shall be performed by
20 a clinical laboratory licensed and approved by the Department
21 of Health for this purpose using procedures and equipment
22 prescribed by the Department of Health or by a Pennsylvania
23 State Police criminal laboratory. For purposes of blood and
24 urine testing, qualified person means an individual who is
25 authorized to perform those chemical tests under the act of
26 September 26, 1951 (P.L.1539, No.389), known as The Clinical
27 Laboratory Act. The Department of Health, in consultation <--
28 with the Department of Transportation, shall promulgate
29 regulations which will provide for reciprocal
30 (3) CHEMICAL TESTS OF BLOOD OR URINE, IF CONDUCTED BY A <--
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1 FACILITY LOCATED OUTSIDE THIS COMMONWEALTH AND PERFORMED IN
2 ACCORDANCE WITH A RECIPROCAL AGREEMENT UNDER PARAGRAPH (4),
3 SHALL FULFILL THE REQUIREMENTS IMPOSED BY PARAGRAPH (2).
4 (4) THE DEPARTMENT OF HEALTH, IN CONSULTATION WITH THE
5 DEPARTMENT, SHALL ENTER INTO RECIPROCAL agreements among the
6 various states contiguous with this Commonwealth to provide <--
7 PROVIDING for joint approval of clinical laboratories and <--
8 personnel to test blood or urine. THE DEPARTMENT OF HEALTH <--
9 SHALL PROMULGATE REGULATIONS NECESSARY TO CARRY OUT
10 RECIPROCAL AGREEMENTS UNDER THIS PARAGRAPH.
11 * * *
12 Section 2. This act shall take effect in 60 days.
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