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                                                      PRINTER'S NO. 1770

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1129 Session of 2006


        INTRODUCED BY D. WHITE, RAFFERTY, COSTA, PUNT, BOSCOLA, FONTANA,
           REGOLA, ORIE, RHOADES, KITCHEN, C. WILLIAMS AND BROWNE,
           APRIL 27, 2006

        REFERRED TO LAW AND JUSTICE, APRIL 27, 2006

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further providing for the offense of
     3     carrying a false identification card.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 6310.3 of Title 18 of the Pennsylvania
     7  Consolidated Statutes is amended by adding subsections to read:
     8  § 6310.3.  Carrying a false identification card.
     9     * * *
    10     (f)  Confiscation.--Any person authorized to sell liquor or
    11  malt or brewed beverages under the act of April 12, 1951
    12  (P.L.90, No.21), known as the Liquor Code, or an agent, employee
    13  or representative of the person, shall confiscate an
    14  identification card that has been presented for the purposes of
    15  obtaining liquor or malt or brewed beverages when there is a
    16  reasonable suspicion that a person has presented an
    17  identification card as described in subsection (a). The
    18  identification card confiscated under this subsection shall be

     1  submitted to law enforcement personnel to make a determination
     2  of the validity of the identification card presented. The
     3  confiscation shall not impose civil or criminal liability upon
     4  an individual confiscating the identification card.
     5     (g)  Detention.--
     6         (1)  Any person authorized to sell liquor or malt or
     7     brewed beverages under the Liquor Code, or an agent, employee
     8     or representative of the person, who has probable cause to
     9     believe that an individual has attempted to obtain liquor or
    10     malt or brewed beverages by using an identification card as
    11     described in subsection (a) may detain the individual in a
    12     reasonable manner for a reasonable time on or near the
    13     premises for any of the following purposes:
    14             (i)  To require the individual to identify himself.
    15             (ii)  To verify the identification.
    16             (iii)  To inform a peace officer so that criminal
    17         proceedings under this subchapter may be instituted.
    18         (2)  The detention under paragraph (1) shall not impose
    19     civil or criminal liability upon the peace officer or the
    20     person detaining the individual.
    21     Section 2.  This act shall take effect in 60 days.






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