THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY KULA, MAHONEY, STABACK, CARROLL, CLYMER, D. COSTA, CREIGHTON, CUTLER, GERGELY, HALUSKA, LONGIETTI, MILLARD, MURPHY, MURT, O'NEILL, PAYNE, PEIFER, READSHAW, SIPTROTH, STURLA, SWANGER, VULAKOVICH, WATSON, YOUNGBLOOD, HORNAMAN AND MELIO, MAY 26, 2009

REFERRED TO COMMITTEE ON GAME AND FISHERIES, MAY 26, 2009  

AN ACT

Amending Title 34 (Game) of the Pennsylvania Consolidated

Statutes, in protection of property and persons, further

providing for hunting or furtaking prohibited while under

influence of alcohol or controlled substance and for chemical

test to determine amount of alcohol.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 2501(a)(4) and (a.1)(1)(i) and 2502(a)

and (d)(2) and (3) of Title 34 of the Pennsylvania Consolidated

Statutes are amended to read:

§ 2501.  Hunting or furtaking prohibited while under influence

of alcohol or controlled substance.

(a)  General rule.--It is unlawful to hunt or take game,

furbearers or wildlife or aid, abet, assist or conspire to hunt

or take game, furbearers or wildlife anywhere in this

Commonwealth while in possession of a firearm of any kind or a

bow and arrow if:

* * *

(4)  the amount of alcohol by weight in the blood of:

(i)  an adult is [0.10%] 0.08% or greater; or

(ii)  a minor is 0.02% or greater.

(a.1)  Prima facie evidence.--

(1)  It is prima facie evidence that:

(i)  an adult had [0.10%] 0.08% or more by weight of

alcohol in his or her blood at the time of hunting or

taking of game, furbearers or wildlife or the aiding,

abetting, assisting or conspiring to hunt or take game,

furbearers or wildlife if the amount of alcohol by weight

in the blood of the person is equal to or greater than

[0.10%] 0.08% at the time a chemical test is performed on

a sample of the person's breath, blood or urine; or

* * *

§ 2502.  Chemical test to determine amount of alcohol.

(a)  [General rule] Consent to and administration of chemical

test.--

(1)  Any person who hunts or takes or attempts, aids,

abets, assists or conspires to hunt or take game, furbearers

or wildlife shall be deemed to have given consent to a

chemical test of breath, blood or urine for the purpose of

determining the alcoholic content of blood or the presence of

a controlled substance if any officer whose duty it is to

enforce this title shall have reasonable grounds to believe

the person to have been hunting or taking, or assisting or

attempting to hunt or take, game, furbearers or wildlife

while under the influence of alcohol or a controlled

substance.

(2)  The test shall be administered by personnel and

equipment approved by regulation of the commission. The

commission may also promulgate regulations otherwise relating

to the administration of this section.

* * *

(d)  Presumptions from amount of alcohol.--If chemical

analysis of a person's breath, blood or urine shows:

* * *

(2)  That the amount of alcohol by weight in the blood of

the person tested is in excess of 0.05% but less than [0.10%]

0.08%, this fact shall not give rise to any presumption that

the person tested was or was not under the influence of

alcohol, but this fact may be considered with other competent

evidence in determining whether the person was or was not

under the influence of alcohol.

(3)  That the amount of alcohol by weight in the blood of

the person tested is [0.10%] 0.08% or more, it shall be

presumed that the defendant was under the influence of

alcohol.

* * *

Section 2.  This act shall take effect in 60 days.