PRINTER'S NO. 2736
No. 2108 Session of 1995
INTRODUCED BY CORPORA, BELARDI, MELIO, CAPPABIANCA, CORRIGAN,
WALKO, BROWNE, LEVDANSKY, FAJT, MILLER, TRELLO, ROONEY, RAMOS
AND MICHLOVIC, OCTOBER 31, 1995
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 31, 1995
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for the offense of sale and
3 possession of telephone pagers, beepers and related
4 electronic devices.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 18 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 6304.1 Sale and possession of telephone pagers, beepers and
10 related electronic devices.
11 (a) Sale or transfer of telephone pagers, beepers or related
12 electronic devices.--It shall be unlawful for any person to:
13 (1) Sell or lease a telephone pager, beeper or related
14 electronic device to any person under 18 years of age.
15 (2) By purchase, lease, gift, distribution or through
16 any other means, furnish a telephone pager, beeper or related
17 electronic device to a person who is under 18 years of age.
18 (b) Procurement or possession of telephone pagers, beepers
1 or related electronic devices.--It shall be unlawful for any
2 person to:
3 (1) Knowingly and falsely represent himself to be 18
4 years of age or older to another person for the purpose of
5 procuring or having furnished to him a telephone pager,
6 beeper or related electronic device.
7 (2) Being under 18 years of age, possess, transport,
8 purchase, lease or attempt to purchase or lease a telephone
9 pager, beeper or related electronic device.
10 (c) Exceptions.--Subsection (a)(1) and (2) and (b)(2) shall
11 not apply when the person under 18 years of age has furnished
12 proof in writing that he:
13 (1) Is a member of a volunteer fire company, ambulance
14 or rescue squad.
15 (2) Has a need for a telephone pager, beeper or related
16 electronic device due to the medical condition of an
17 immediate family member.
18 (d) Forfeiture.--Any telephone pager, beeper or related
19 electronic device which is sold, possessed, transported,
20 purchased or leased in violation of this section shall be
21 subject to immediate seizure by any law enforcement officer. The
22 device or devices shall be forfeited to the Commonwealth and
23 disposed of as provided by law.
24 (e) Grading.--
25 (1) Any person who violates subsection (a)(1) or (2)
26 commits a summary offense and shall, upon conviction, be
27 sentenced to pay a fine of not less than $1,000 or to
28 imprisonment for not more than 90 days, or both.
29 (2) Any person who violates subsection (b)(1) or (2)
30 commits a summary offense and shall, upon conviction, be
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1 sentenced to pay a fine of not more than $300 and shall have
2 operating privileges restricted in accordance with section
3 6310.4 (relating to restriction of operating privileges).
4 Section 2. Sections 6310.4(a) and 6313(a) of Title 18 are
5 amended to read:
6 § 6310.4. Restriction of operating privileges.
7 (a) General rule.--Whenever a person is convicted or is
8 adjudicated delinquent or is admitted to any preadjudication
9 program for a violation of section 6304.1 (relating to sale and
10 possession of telephone pagers, beepers and related electronic
11 devices), 6307 (relating to misrepresentation of age to secure
12 liquor or malt or brewed beverages), 6308 (relating to purchase,
13 consumption, possession or transportation of liquor or malt or
14 brewed beverages) or 6310.3 (relating to carrying a false
15 identification card), the court, including a court not of record
16 if it is exercising jurisdiction pursuant to 42 Pa.C.S. §
17 1515(a) (relating to jurisdiction and venue), shall order the
18 operating privilege of the person suspended. A copy of the order
19 shall be transmitted to the Department of Transportation.
20 * * *
21 § 6313. Special information.
22 (a) General rule.--At the time of conviction or admission to
23 a preadjudication disposition for a violation of section 6304.1
24 (relating to sale and possession of telephone pagers, beepers
25 and related electronic devices), 6307 (relating to
26 misrepresentation of age to secure liquor or malt or brewed
27 beverages), 6308 (relating to purchase, consumption, possession
28 or transportation of liquor or malt or brewed beverages) or
29 6310.3 (relating to carrying a false identification card), the
30 court shall provide to the Department of Transportation, in such
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1 form as prescribed by the department, the name of the offender,
2 the offender's date of birth, the disposition of the case and
3 the duration of any license suspension.
4 * * *
5 Section 3. This act shall take effect in 60 days.
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