PRINTER'S NO. 1834
No. 1553 Session of 1987
INTRODUCED BY OLASZ, CLARK, KOSINSKI, NAHILL, TIGUE, MORRIS,
TELEK, PETRARCA, J. TAYLOR, PRESTON, NOYE, E. Z. TAYLOR,
DALEY, SEMMEL, TRELLO, DOMBROWSKI, SALOOM, LETTERMAN, GEORGE,
FEE, COLAFELLA, PETRONE AND GAMBLE, JUNE 11, 1987
REFERRED TO COMMITTEE ON TRANSPORTATION, JUNE 11, 1987
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for testing for controlled
3 substances; and providing for costs.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 1547(a) of Title 75 of the Pennsylvania
7 Consolidated Statutes is amended and the section is amended by
8 adding subsections to read:
9 § 1547. Chemical testing to determine amount of alcohol or
10 controlled substance.
11 (a) General rule.--Any person who drives, operates or is in
12 actual physical control of the movement of a motor vehicle in
13 this Commonwealth shall be deemed to have given consent to one
14 or more chemical tests of breath, blood or urine for the purpose
15 of determining the alcoholic content of blood or the presence of
16 a controlled substance, including, but not limited to,
17 marihuana, heroin, cocaine, LSD, amphetamine and
1 methamphetamine, if a police officer has reasonable grounds to
2 believe the person to have been driving, operating or in actual
3 physical control of the movement of a motor vehicle:
4 (1) while under the influence of alcohol or a controlled
5 substance or both; or
6 (2) which was involved in an accident in which the
7 operator or passenger of any vehicle involved or a pedestrian
8 required treatment at a medical facility or was killed.
9 * * *
10 (l) Controlled substance influence.--The Department of
11 Health and the Department of Transportation shall jointly adopt
12 regulations establishing a presumption of being under the
13 influence of a controlled substance similar to the presumptions
14 from the amount of alcohol as established in subsection (d). For
15 the purpose of this section, a controlled substance shall
16 include, but not be limited to, marihuana, heroin, cocaine, LSD,
17 amphetamine and methamphetamine. The costs of administering a
18 test for controlled substances shall be borne by the defendant
19 only if convicted of section 3731 or 3735 (relating to homicide
20 by vehicle while driving under influence) in addition to any
21 other costs imposed by law.
22 (m) Mandatory blood test.--Whenever a person is given a
23 chemical breath test pursuant to this section, he shall also be
24 given a blood test. The lower blood alcohol reading of the tests
25 shall be the only test result used in any prosecution for
26 driving under the influence of alcohol. Both test results may be
27 used in any prosecution for driving under the influence of
28 drugs.
29 Section 2. This act shall take effect in 60 days.
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