PRINTER'S NO. 446
No. 438 Session of 1999
INTRODUCED BY GREENLEAF, ARMSTRONG, KUKOVICH, SLOCUM, BOSCOLA,
LEMMOND AND MURPHY, FEBRUARY 22, 1999
REFERRED TO LAW AND JUSTICE, FEBRUARY 22, 1999
AN ACT
1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
2 reenacted, "An act relating to alcoholic liquors, alcohol and
3 malt and brewed beverages; amending, revising, consolidating
4 and changing the laws relating thereto; regulating and
5 restricting the manufacture, purchase, sale, possession,
6 consumption, importation, transportation, furnishing, holding
7 in bond, holding in storage, traffic in and use of alcoholic
8 liquors, alcohol and malt and brewed beverages and the
9 persons engaged or employed therein; defining the powers and
10 duties of the Pennsylvania Liquor Control Board; providing
11 for the establishment and operation of State liquor stores,
12 for the payment of certain license fees to the respective
13 municipalities and townships, for the abatement of certain
14 nuisances and, in certain cases, for search and seizure
15 without warrant; prescribing penalties and forfeitures;
16 providing for local option, and repealing existing laws,"
17 transferring the Bureau of Liquor Control Enforcement to the
18 Office of Attorney General.
19 The General Assembly of the Commonwealth of Pennsylvania
20 hereby enacts as follows:
21 Section 1. The definition of "enforcement bureau" in section
22 102 of the act of April 12, 1951 (P.L.90, No.21), known as the
23 Liquor Code, reenacted and amended June 29, 1987 (P.L.32,
24 No.14), is amended to read:
25 Section 102. Definitions.--The following words or phrases,
1 unless the context clearly indicates otherwise, shall have the
2 meanings ascribed to them in this section:
3 * * *
4 "Enforcement bureau" shall mean the Bureau of Liquor
5 [Control] Enforcement of the [Pennsylvania State Police] Office
6 of Attorney General.
7 * * *
8 Section 2. Section 211 of the act, amended October 5, 1994
9 (P.L.537, No.80), is amended to read:
10 Section 211. Enforcement.--(a) There is created within the
11 [Pennsylvania State Police] Office of Attorney General a Bureau
12 of Liquor [Control] Enforcement which shall be responsible for
13 enforcing this act and any regulations promulgated pursuant
14 thereto. [Officers and investigators assigned to the bureau]
15 Liquor enforcement officers shall be considered police officers
16 and shall have police power authority throughout this
17 Commonwealth as provided for in this section. They shall have
18 the power and their duty shall be:
19 (1) To investigate whenever there are reasonable grounds to
20 believe liquor, alcohol or malt or brewed beverages are being
21 sold on premises not licensed under the provisions of this act.
22 If the investigation produces evidence of the unlawful sale of
23 liquor or malt or brewed beverages or any other violation of the
24 provisions of this act, the officer involved in the
25 investigation shall institute criminal proceedings against the
26 person or persons believed to have been criminally liable, as
27 otherwise provided by law or rule of court.
28 (2) To arrest on view, except in private homes, without
29 warrant, any person actually engaged in the unlawful sale,
30 importation, manufacture or transportation or having unlawful
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1 possession of liquor, alcohol or malt or brewed beverages
2 contrary to the provisions of this act or any other law of this
3 Commonwealth. [or any person whom the officer/investigator,
4 while in the performance of his assigned duties under and
5 pursuant to this act and any regulations promulgated under this
6 act, observes to be in violation of any of the following
7 provisions:
8 18 Pa.C.S. § 3302 (relating to causing or risking
9 catastrophe).
10 18 Pa.C.S. § 3304 (relating to criminal mischief).
11 18 Pa.C.S. § 4101 (relating to forgery).
12 18 Pa.C.S. § 5503 (relating to disorderly conduct).
13 18 Pa.C.S. § 5505 (relating to public drunkenness).
14 18 Pa.C.S. § 5512 (relating to lotteries, etc.).
15 18 Pa.C.S. § 5513 (relating to gambling devices,
16 gambling, etc.).
17 18 Pa.C.S. § 5514 (relating to pool selling and
18 bookmaking).
19 18 Pa.C.S. § 6307 (relating to misrepresentation of age
20 to secure liquor or malt or brewed beverages).
21 18 Pa.C.S. § 6308 (relating to purchase, consumption,
22 possession or transportation of liquor or malt or brewed
23 beverages).
24 18 Pa.C.S. § 6309 (relating to representing that minor is
25 of age).
26 18 Pa.C.S. § 6310.1 (relating to selling or furnishing
27 liquor or malt or brewed beverages to minors).
28 18 Pa.C.S. § 6310.3 (relating to carrying a false
29 identification card).]
30 (3) Upon reasonable and probable cause, to search for and to
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1 seize, without warrant or process, except in private homes, any
2 liquor, alcohol or malt or brewed beverages unlawfully
3 possessed, manufactured, sold, imported or transported and any
4 stills, equipment, materials, utensils, vehicles, boats,
5 vessels, animals, aircraft, or any of them, which are or have
6 been used in the unlawful manufacture, sale, importation or
7 transportation of the same. Such liquor, alcohol, malt or brewed
8 beverages, stills, equipment, materials, utensils, vehicles,
9 boats, vessels, animals or aircraft so seized shall be disposed
10 of as hereinafter provided.
11 (4) To investigate and issue citations for any violations of
12 this act or any laws of this Commonwealth relating to liquor,
13 alcohol or malt or brewed beverages, or any regulations of the
14 board adopted pursuant to such laws or any violation of any laws
15 of this Commonwealth or of the Federal Government, relating to
16 the payment of taxes on liquor, alcohol or malt or brewed
17 beverages by any licensee, his officers, servants, agents or
18 employes.
19 (5) [To arrest any person who engages in the following
20 offenses when the said offenses are committed against the
21 officer/investigator or any person accompanying and assisting
22 the officer/investigator while the said officer/investigator is
23 performing assigned duties under and pursuant to this act and
24 any regulations promulgated under this act:
25 18 Pa.C.S. § 2701 (relating to simple assault).
26 18 Pa.C.S. § 2702 (relating to aggravated assault).
27 18 Pa.C.S. § 2705 (relating to recklessly endangering
28 another person).
29 18 Pa.C.S. § 2706 (relating to terroristic threats).
30 18 Pa.C.S. § 2709 (relating to harassment and stalking).
19990S0438B0446 - 4 -
1 18 Pa.C.S. § 5104 (relating to resisting arrest or other
2 law enforcement).
3 18 Pa.C.S. § 5501 (relating to riot).] When acting within
4 the scope of the officer's employment, to pursue, apprehend or
5 arrest any individual suspected of violating any provisions of
6 this act or 18 Pa.C.S. (relating to crimes and offenses) or any
7 other offense classified as a summary offense, misdemeanor or
8 felony. All powers provided for in this paragraph may be limited
9 by such administrative procedures as the Attorney General may
10 prescribe.
11 (6) To serve and execute warrants issued by the proper
12 authorities for offenses referred to in this subsection and to
13 serve subpoenas.
14 (7) To arrange for the administration of chemical tests of
15 breath, blood or urine, including preliminary breath tests, to
16 persons for the purpose of determining the alcoholic content of
17 blood or the presence of a controlled substance by qualified
18 personnel of a State or local police department or qualified
19 personnel of a clinical laboratory licensed and approved by the
20 Department of Health.
21 (8) To operate or move any vehicle, permanently or
22 temporarily equipped with a type of flashing or rotating red
23 light or lights or audible device, or both, approved by the
24 Attorney General, upon any street or highway within this
25 Commonwealth when performing duties within the scope of their
26 employment.
27 (b) Any equipment or appurtenance actually used in the
28 commission of the unlawful acts may be confiscated. The
29 confiscation shall not, in any manner, divest or impair the
30 rights or interest of any bona fide lienholder in the equipment
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1 or appurtenance.
2 [(c) The Pennsylvania State Police Commissioner shall assign
3 State Police Officers to such supervisory and other capacities
4 in the enforcement bureau as he deems necessary. All other
5 personnel of the enforcement bureau shall be civilians.
6 (d) The Office of Chief Counsel for the Pennsylvania State
7 Police shall represent the enforcement bureau in all enforcement
8 proceedings brought before the Office of Administrative Law
9 Judge or any other adjudicatory body.
10 (e) Nothing in this act shall be construed to change the
11 status of civilian enforcement agents for the purposes of the
12 act of July 23, 1970 (P.L.563, No.195), known as the "Public
13 Employe Relations Act," or cause civilian enforcement agents to
14 be considered policemen for the purposes of the act of June 24,
15 1968 (P.L.237, No.111), referred to as the Policemen and Firemen
16 Collective Bargaining Act.]
17 Section 3. (a) All personnel, allocations appropriations,
18 equipment, files, records, contracts, agreements, obligations
19 and other materials which are used, employed or expended in
20 connection with the powers, duties or functions of the Bureau of
21 Liquor Control Enforcement of the Pennsylvania State Police are
22 hereby transferred to the Office of Attorney General with the
23 same force and effect as if the allocations and appropriations
24 had been made to and said items had been the personnel and
25 property of the Office of Attorney General in the first instance
26 and if the contracts, agreements and obligations had been
27 incurred or entered into by the Office of Attorney General.
28 (b) All present employees of the Bureau of Liquor Control
29 Enforcement whose powers, duties or functions are transferred
30 shall be transferred to the Office of Attorney General. All
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1 employees are to continue in their employment with the Office of
2 Attorney General with the same pay scales, salaries, wages,
3 seniority benefits, pension rights and other incidents of
4 employment, including, but not limited to, civil service status,
5 as if this act had not been effective.
6 Section 4. This act shall take effect January 1, 2000.
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