PRINTER'S NO. 3019
No. 2331 Session of 1996
INTRODUCED BY MAITLAND, FLEAGLE, NICKOL, TRUE, LYNCH, MASLAND,
FARGO, BAKER, WAUGH, BELARDI, HALUSKA, HENNESSEY, TIGUE,
EGOLF, B. SMITH, HERSHEY, STURLA, SCHRODER, E. Z. TAYLOR,
CLARK AND BARD, JANUARY 31, 1996
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 31, 1996
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for chemical tests of blood or
3 urine to determine the amount of alcohol or controlled
4 substance.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 1547(c) of Title 75 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 1547. Chemical testing to determine amount of alcohol or
10 controlled substance.
11 * * *
12 (c) Test results admissible in evidence.--In any summary
13 proceeding or criminal proceeding in which the defendant is
14 charged with a violation of section 3731 or any other violation
15 of this title arising out of the same action, the amount of
16 alcohol or controlled substance in the defendant's blood, as
17 shown by chemical testing of the person's breath, blood or
18 urine, which tests were conducted by qualified persons using
1 approved equipment, shall be admissible in evidence.
2 (1) Chemical tests of breath shall be performed on
3 devices approved by the Department of Health using procedures
4 prescribed jointly by regulations of the Departments of
5 Health and Transportation. Devices shall have been calibrated
6 and tested for accuracy within a period of time and in a
7 manner specified by regulations of the Departments of Health
8 and Transportation. For purposes of breath testing, a
9 qualified person means a person who has fulfilled the
10 training requirement in the use of the equipment in a
11 training program approved by the Departments of Health and
12 Transportation. A certificate or log showing that a device
13 was calibrated and tested for accuracy and that the device
14 was accurate shall be presumptive evidence of those facts in
15 every proceeding in which a violation of this title is
16 charged.
17 (2) Chemical tests of blood or urine shall be performed
18 by a clinical laboratory licensed and approved by the
19 Department of Health for this purpose using procedures and
20 equipment prescribed by the Department of Health. For
21 purposes of blood and urine testing, qualified person means
22 an individual who is authorized to perform those chemical
23 tests under the act of September 26, 1951 (P.L.1539, No.389),
24 known as ["]The Clinical Laboratory Act.["] The Department of
25 Health, in consultation with the Department of
26 Transportation, shall promulgate regulations which will
27 provide for reciprocal agreements among the various States
28 contiguous with this Commonwealth which will provide for
29 joint approval of clinical laboratories and personnel to test
30 blood or urine.
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1 * * *
2 Section 2. This act shall take effect in 60 days.
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