HOUSE AMENDED

 

PRIOR PRINTER'S NO. 431

PRINTER'S NO.  1458

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

448

Session of

2011

  

  

INTRODUCED BY RAFFERTY, TARTAGLIONE, ORIE, FONTANA, KITCHEN, YAW, BAKER, PILEGGI, EICHELBERGER, WAUGH, BREWSTER, GREENLEAF, EARLL, WOZNIAK, FARNESE, ERICKSON, ALLOWAY, M. WHITE AND WASHINGTON, FEBRUARY 7, 2011

  

  

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 29, 2011   

  

  

  

AN ACT

  

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Amending Title 18 (Crimes and Offenses) of the Pennsylvania

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Consolidated Statutes, in provisions relating to minors,

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further providing for the offense of purchase, consumption,

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possession or transportation of liquor or malt or brewed

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beverages.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 6308 of Title 18 of the Pennsylvania

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Consolidated Statutes is amended by adding a subsection to read:

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§ 6308.  Purchase, consumption, possession or transportation of

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liquor or malt or brewed beverages.

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* * *

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(f)  Exception for person seeking medical attention for

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another.--A person shall be immune from prosecution for

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consumption or possession under subsection (a) if he can

<--

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establish the following:

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(1)  The only way law enforcement officers became aware

 


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of the person's violation of subsection (a) is because the

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person placed a 911 call, or a call to campus safety, police

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or emergency services, in good faith, based on a reasonable

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belief and reported that another person was in need of

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immediate medical attention to prevent death or serious

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injury.

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(2)  The person reasonably believed he was the first

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person to make a 911 call or a call to campus safety, police

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or emergency services, and report that a person needed

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immediate medical attention to prevent death or serious

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injury.

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(3)  The person provided his own name to the 911 operator 

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or equivalent campus safety, police or emergency officer.

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(4)  The person remained with the person needing medical

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assistance until emergency health care providers arrived and

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the need for his presence had ended.

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

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