PRIOR PRINTER'S NO. 945 PRINTER'S NO. 2030
No. 850 Session of 2001
INTRODUCED BY CLYMER, ALLEN, ARMSTRONG, M. BAKER, BARD, BASTIAN,
BEBKO-JONES, BENNINGHOFF, BUXTON, CALTAGIRONE, CLARK,
M. COHEN, CORRIGAN, CRUZ, DALLY, DeWEESE, J. EVANS,
FAIRCHILD, FEESE, FORCIER, FRANKEL, GABIG, GEIST, GORDNER,
GRUCELA, HARHAI, HENNESSEY, HERSHEY, HORSEY, JAMES, KENNEY,
LAUGHLIN, LEDERER, MAHER, MANDERINO, MARKOSEK, MARSICO,
R. MILLER, S. MILLER, MUNDY, O'BRIEN, ORIE, PETRARCA,
READSHAW, ROSS, SATHER, SAYLOR, SCHRODER, B. SMITH, STABACK,
STEELMAN, STERN, E. Z. TAYLOR, THOMAS, TRELLO, WASHINGTON,
WATSON, WILT, YOUNGBLOOD, LESCOVITZ, RAYMOND, PRESTON,
STAIRS, BUNT, MICHLOVIC, STETLER, COLAFELLA AND COLEMAN,
MARCH 7, 2001
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 22, 2001
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for purchase,
3 consumption, possession or transportation of liquor or malt
4 or brewed beverages and for inducement of minors to buy
5 liquor or malt or brewed beverages.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sections 6308 and 6310 of Title 18 of the
9 Pennsylvania Consolidated Statutes are amended by adding
10 subsections to read:
11 § 6308. Purchase, consumption, possession or transportation of
12 liquor or malt or brewed beverages.
13 * * *
14 (e) Exception for compliance checks.--A Pennsylvania State <--
1 Police, Bureau of Liquor Control Enforcement officer, employee
2 or intern who is under 21 years of age but who is acting within
3 the scope of that individual's official duties, or a local law
4 enforcement officer who is a minor and has been certified by the
5 Pennsylvania State Police, Bureau of Liquor Control Enforcement
6 to conduct compliance checks pursuant to this section and is
7 acting within the scope of that individual's official duties,
8 may attempt to purchase, possess or transport any liquor or malt
9 or brewed beverages. Under no circumstances may individuals
10 (E) EXCEPTION FOR COMPLIANCE CHECKS.-- <--
11 (1) AN INDIVIDUAL WHO IS UNDER 21 YEARS OF AGE MAY
12 ATTEMPT TO PURCHASE, POSSESS OR TRANSPORT LIQUOR OR MALT OR
13 BREWED BEVERAGES IF ALL OF THE FOLLOWING APPLY:
14 (I) THE INDIVIDUAL IS AT LEAST 18 YEARS OF AGE.
15 (II) THE INDIVIDUAL IS:
16 (A) AN OFFICER, EMPLOYEE OR INTERN OF THE BUREAU
17 OF LIQUOR CONTROL ENFORCEMENT OF THE PENNSYLVANIA
18 STATE POLICE; OR
19 (B) A LOCAL LAW ENFORCEMENT OFFICER CERTIFIED BY
20 THE BUREAU TO CONDUCT COMPLIANCE CHECKS UNDER THIS
21 SECTION.
22 (III) THE INDIVIDUAL HAS COMPLETED TRAINING
23 SPECIFIED BY THE BUREAU.
24 (IV) THE INDIVIDUAL IS ACTING WITHIN THE SCOPE OF
25 PRESCRIBED DUTIES.
26 (V) THE INDIVIDUAL IS ACTING UNDER THE DIRECT
27 CONTROL OR SUPERVISION OF A BUREAU OFFICER OR A LOCAL LAW
28 ENFORCEMENT OFFICER WHO IS AN ADULT.
29 (2) UNDER NO CIRCUMSTANCES MAY INDIVIDUALS under 21
30 years of age consume liquor or malt or brewed beverages.
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1 (3) A LAW ENFORCEMENT AGENCY CONDUCTING COMPLIANCE <--
2 CHECKS UNDER THIS SUBSECTION SHALL PROMULGATE GUIDELINES
3 PRESCRIBING THE MANNER IN WHICH COMPLIANCE CHECKS ARE TO BE
4 PERFORMED. COMPLIANCE CHECKS UNDER THIS SUBSECTION SHALL BE
5 CONDUCTED IN A MANNER CONSISTENT WITH THE GUIDELINES.
6 GUIDELINES SHALL REQUIRE, AT A MINIMUM, ALL OF THE FOLLOWING:
7 (I) PRIOR TO PARTICIPATION IN THE COMPLIANCE CHECK,
8 THE OFFICER, EMPLOYEE OR INTERN SHALL UNDERGO TRAINING
9 APPROVED BY THE AUTHORIZING AGENCY.
10 (II) A PERSON LICENSED TO SELL LIQUOR OR MALT OR
11 BREWED BEVERAGES THAT IS FOUND TO BE IN COMPLIANCE WITH
12 THIS SECTION DURING A COMPLIANCE CHECK SHALL BE NOTIFIED
13 IN WRITING OF THE COMPLIANCE CHECK AND THE DETERMINATION
14 OF COMPLIANCE.
15 (4) FAILURE TO COMPLY WITH GUIDELINES UNDER PARAGRAPH
16 (3) SHALL NOT BE A DEFENSE TO A VIOLATION OF THIS SECTION.
17 (5) A VIOLATION OF PARAGRAPH (1) OR (2) SHALL NOT BE A
18 DEFENSE TO A PROSECUTION UNDER THIS SECTION.
19 § 6310. Inducement of minors to buy liquor or malt or brewed
20 beverages.
21 * * *
22 (c) Exception for compliance checks.--A Pennsylvania State <--
23 Police, Bureau of Liquor Control Enforcement officer, employee
24 or intern who is under 21 years of age but who is acting within
25 the scope of that individual's official duties, or a local law
26 enforcement officer who is a minor and has been certified by the
27 Pennsylvania State Police, Bureau of Liquor Control Enforcement
28 to conduct compliance checks pursuant to this section and is
29 acting within the scope of that individual's official duties,
30 may attempt to purchase, possess or transport any liquor or malt
20010H0850B2030 - 3 -
1 or brewed beverages. Under no circumstances may individuals
2 (C) EXCEPTION FOR COMPLIANCE CHECKS.-- <--
3 (1) AN INDIVIDUAL WHO IS UNDER 21 YEARS OF AGE MAY
4 ATTEMPT TO PURCHASE, POSSESS OR TRANSPORT LIQUOR OR MALT OR
5 BREWED BEVERAGES IF ALL OF THE FOLLOWING APPLY:
6 (I) THE INDIVIDUAL IS AT LEAST 18 YEARS OF AGE.
7 (II) THE INDIVIDUAL IS:
8 (A) AN OFFICER, EMPLOYEE OR INTERN OF THE BUREAU
9 OF LIQUOR CONTROL ENFORCEMENT OF THE PENNSYLVANIA
10 STATE POLICE; OR
11 (B) A LOCAL LAW ENFORCEMENT OFFICER CERTIFIED BY
12 THE BUREAU TO CONDUCT COMPLIANCE CHECKS UNDER THIS
13 SECTION.
14 (III) THE INDIVIDUAL HAS COMPLETED TRAINING
15 SPECIFIED BY THE BUREAU.
16 (IV) THE INDIVIDUAL IS ACTING WITHIN THE SCOPE OF
17 PRESCRIBED DUTIES.
18 (V) THE INDIVIDUAL IS ACTING UNDER THE DIRECT
19 CONTROL OR SUPERVISION OF A BUREAU OFFICER OR A LOCAL LAW
20 ENFORCEMENT OFFICER WHO IS AN ADULT.
21 (2) UNDER NO CIRCUMSTANCES MAY INDIVIDUALS under 21
22 years of age consume liquor or malt or brewed beverages.
23 (3) A LAW ENFORCEMENT AGENCY CONDUCTING COMPLIANCE <--
24 CHECKS UNDER THIS SUBSECTION SHALL PROMULGATE GUIDELINES
25 PRESCRIBING THE MANNER IN WHICH COMPLIANCE CHECKS ARE TO BE
26 PERFORMED. COMPLIANCE CHECKS UNDER THIS SUBSECTION SHALL BE
27 CONDUCTED IN A MANNER CONSISTENT WITH THE GUIDELINES.
28 GUIDELINES SHALL REQUIRE, AT A MINIMUM, ALL OF THE FOLLOWING:
29 (I) PRIOR TO PARTICIPATION IN THE COMPLIANCE CHECK,
30 THE OFFICER, EMPLOYEE OR INTERN SHALL UNDERGO TRAINING
20010H0850B2030 - 4 -
1 APPROVED BY THE AUTHORIZING AGENCY.
2 (II) A PERSON LICENSED TO SELL LIQUOR OR MALT OR
3 BREWED BEVERAGES THAT IS FOUND TO BE IN COMPLIANCE WITH
4 THIS SECTION DURING A COMPLIANCE CHECK SHALL BE NOTIFIED
5 IN WRITING OF THE COMPLIANCE CHECK AND THE DETERMINATION
6 OF COMPLIANCE.
7 (4) FAILURE TO COMPLY WITH GUIDELINES UNDER PARAGRAPH
8 (3) SHALL NOT BE A DEFENSE TO A VIOLATION OF THIS SECTION.
9 (5) A VIOLATION OF PARAGRAPH (1) OR (2) SHALL NOT BE A
10 DEFENSE TO A PROSECUTION UNDER THIS SECTION.
11 Section 2. This act shall take effect in 60 days.
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