THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY CORMAN AND ERICKSON, SEPTEMBER 13, 2010

REFERRED TO JUDICIARY, SEPTEMBER 13, 2010  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for purchase,

consumption, possession or transportation of liquor or malt

or brewed beverages.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6308(a) and (b) of Title 18 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 6308.  Purchase, consumption, possession or transportation of

liquor or malt or brewed beverages.

(a)  Offense defined.--A person commits [a summary] an 

offense if he, being less than 21 years of age, attempts to

purchase, purchases, consumes, possesses or knowingly and

intentionally transports any liquor or malt or brewed beverages,

as defined in section 6310.6 (relating to definitions). For the

purposes of this section, it shall not be a defense that the

liquor or malt or brewed beverage was consumed in a jurisdiction

other than the jurisdiction where the citation for underage

drinking was issued.

(b)  Penalty and grading.--

(1)  In addition to the penalty imposed pursuant to

section 6310.4 (relating to restriction of operating

privileges), a person convicted of violating subsection (a)

may be sentenced to pay a fine of not more than $500 for the

second and each subsequent violation.

(2)  Grading for a violation of subsection (a) is as

follows:

(i)  Except as set forth in subparagraph (ii), the

offense is graded as a summary offense.

(ii)  If a person violates subsection (a) after being

sentenced twice for a violation of subsection (a), the

offense is graded as a misdemeanor of the third degree.

* * *

Section 2.  The amendment of 18 Pa.C.S. § 6308(a) and (b)

shall apply to offenses committed on or after the effective date

of this section.

Section 3.  This act shall take effect in 60 days.