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                                                      PRINTER'S NO. 3424

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2396 Session of 2006


        INTRODUCED BY PETRI, ARMSTRONG, BAKER, BALDWIN, BASTIAN, BEBKO-
           JONES, BOYD, CALTAGIRONE, CLYMER, DALLY, J. EVANS, FAIRCHILD,
           FLEAGLE, GOODMAN, HARHART, HERSHEY, JAMES, KAUFFMAN,
           M. KELLER, KOTIK, MAITLAND, MANN, McNAUGHTON, R. MILLER,
           S. MILLER, O'NEILL, PHILLIPS, RAPP, SAYLOR, SCHRODER,
           STABACK, E. Z. TAYLOR, TIGUE, TRUE, WALKO, WATSON, WILT,
           WRIGHT, YOUNGBLOOD AND GINGRICH, JANUARY 26, 2006

        REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 26, 2006

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, prohibiting the sale, purchase,
     3     possession and use of alcohol vaporizing devices; and
     4     imposing penalties.

     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  § 7327.1.  Prohibition of alcohol vaporizing devices.
    10     (a)  Offenses defined.--
    11         (1)  A person who sells, purchases or possesses an
    12     alcohol vaporizing device commits a misdemeanor of the third
    13     degree.
    14         (2)  A person who uses an alcohol vaporizing device
    15     commits a summary offense.
    16     (b)  Defense.--It is a defense to prosecution under this


     1  section that the person sold, purchased, possessed or used an
     2  alcohol vaporizing device for medical or scientific purposes on
     3  premises other than those licensed under the act of April 12,
     4  1951 (P.L.90, No.21), known as the Liquor Code.
     5     (c)  Definition.--As used in this section, the term "alcohol
     6  vaporizing device" means any device, machine or process that
     7  mixes liquor or malt or brewed beverages with pure oxygen or
     8  another gas to produce a vaporized product, including, but not
     9  limited to, products known as alcohol without liquid, for the
    10  purpose of consumption through inhalation.
    11     Section 2.  This act shall take effect in 60 days.













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