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PRINTER'S NO. 717
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
638
Session of
2017
INTRODUCED BY WHITE, VULAKOVICH, SCHWANK, RAFFERTY AND BOSCOLA,
APRIL 18, 2017
REFERRED TO LAW AND JUSTICE, APRIL 18, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in minors, further providing for the
offense of carrying a false identification card.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6310.3 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
ยง 6310.3. Carrying a false identification card.
* * *
(f) Confiscation.--
(1) An employee, servant or agent of a person authorized
to sell liquor or malt or brewed beverages under the act of
April 12, 1951 (P.L.90, No.21), known as the Liquor Code, may
confiscate an identification card that has been presented for
the purposes of obtaining liquor or malt or brewed beverages
when there is a reasonable suspicion that an individual has
presented an identification card as described in subsection
(a). An employee, servant or agent may confiscate an
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identification card upon reasonable suspicion that the age or
date of birth is false only after placing the identification
card through a transaction scan device.
(2) The following applies to identification cards
confiscated under this subsection:
(i) When the confiscation involves either a driver's
license or identification card issued by the Department
of Transportation, the person confiscating it shall issue
a completed receipt to the individual from whom the
identification card is seized. The receipt shall be on a
form prescribed by the Pennsylvania Liquor Control Board.
(ii) Within 48 hours after the confiscation, the
driver's license or identification card shall be
submitted to the law enforcement agency having primary
jurisdiction in which the licensee's place of business is
located to make a determination of the validity of the
identification card presented. The law enforcement agency
shall attempt to return a confiscated identification card
that is determined to be valid unless it is otherwise
needed for a criminal or administrative investigation. If
determined to be invalid, altered or forged, the law
enforcement agency may process or destroy the
identification card in accordance with its established
procedures.
(iii) When the confiscation involves any other
identification card, the employee, servant or agent shall
retain the identification card for a minimum of 48 hours
after the confiscation to allow the individual from whom
it was confiscated an opportunity to show proof that the
identification card is legitimate, upon which the
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identification card shall be returned to the individual
by the employee, servant or agent. If the identification
card is not claimed and returned in accordance with this
subsection, the employee, servant or agent shall destroy
the identification card upon the expiration of the 48-
hour period and no later than five business days after
the confiscation occurred.
(3) As used in this subsection, the following terms
shall have the meanings given to them in this paragraph:
"Identification card." An identification card as
provided in section 495(a) of the Liquor Code.
"Transaction scan device." A device capable of
deciphering in an electronically readable format the
information encoded on the magnetic strip or bar code of an
identification card.
Section 2. This act shall take effect in 60 days.
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