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House Co-Sponsorship Memoranda
House of Representatives
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | January 22, 2014 02:40 PM |
|---|---|
| From: | Representative Thomas P. Murt |
| To: | All House members |
| Subject: | Pre-arrest Breath Tests |
| I plan to introduce legislation that will amend Title 18 of the Pennsylvania Consolidated Statutes to correct a void that exists following the Pennsylvania Supreme Court’s decision in Commonwealth v. Brigidi. That 2010 decision dealt with the use of pre-arrest breath tests (PBT) by police officers. A PBT is an electronic handheld breath alcohol tester which is approved for use by the Pennsylvania Department of Health. Under 75 Pa. C.S. §1547(k), a PBT may be used to determine whether or not an individual may be placed under arrest for driving under the influence of alcohol. In Brigidi, a minor received a citation for underage drinking after a police officer administered a PBT. The Supreme Court determined that it was improper to justify the use and admission of a PBT test under the Crimes Code, since the statutory authority to do so rests within the Vehicle Code. This Bill will amend Title 18 to allow a police officer to utilize a PBT to determine if a minor has consumed alcohol. It will furthermore allow a positive test result to be offered as evidence that a minor has consumed alcohol in violation of Title 18. Please join me in co-sponsoring this Bill to amend Title 18. |
Introduced as HB1764