PRINTER'S NO. 1838
No. 1516 Session of 1997
INTRODUCED BY MASLAND, FARGO, STURLA, LYNCH, HENNESSEY, GEIST,
E. Z. TAYLOR, STETLER, CLYMER, PISTELLA, WILT, STEELMAN, LEH,
STERN, BENNINGHOFF, L. I. COHEN, GANNON, HORSEY, WOGAN,
MAYERNIK, BROWNE AND JAMES, MAY 15, 1997
REFERRED TO COMMITTEE ON TRANSPORTATION, MAY 15, 1997
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, providing for driving while impaired by certain
3 drugs; and further providing for reports by emergency room
4 personnel.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 75 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 3731.2. Driving while impaired.
10 (a) Offense defined.--A person shall not drive, operate or
11 be in actual physical control of the movement of a vehicle while
12 under the influence of any drug, as defined in the act of April
13 14, 1972 (P.L.233, No.64), known as The Controlled Substance,
14 Drug, Device and Cosmetic Act, or any combination of such drugs,
15 to a degree which renders the person incapable of safe driving.
16 (b) Grading.--Any person violating any of the provisions of
17 this section commits a misdemeanor of the second degree.
18 Section 2. Section 3755(a) of Title 75 is amended to read:
1 § 3755. Reports by emergency room personnel.
2 (a) General rule.--If, as a result of a motor vehicle
3 accident, the person who drove, operated or was in actual
4 physical control of the movement of any involved motor vehicle
5 requires medical treatment in an emergency room of a hospital
6 and if probable cause exists to believe a violation of section
7 3731 (relating to driving under influence of alcohol or
8 controlled substance) or 3731.2 (relating to driving while
9 impaired) was involved, the emergency room physician or his
10 designee shall promptly take blood samples from those persons
11 and transmit them within 24 hours for testing to the Department
12 of Health or a clinical laboratory licensed and approved by the
13 Department of Health and specifically designated for this
14 purpose. This section shall be applicable to all injured
15 occupants who were capable of motor vehicle operation if the
16 operator or person in actual physical control of the movement of
17 the motor vehicle cannot be determined. Test results shall be
18 released upon request of the person tested, his attorney, his
19 physician or governmental officials or agencies.
20 * * *
21 Section 3. This act shall take effect in 60 days.
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