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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY RAFFERTY, ALLOWAY, ORIE, EARLL, PICCOLA AND LOGAN, APRIL 6, 2009 |
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| REFERRED TO TRANSPORTATION, APRIL 6, 2009 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, in driving after imbibing alcohol or utilizing |
3 | drugs, providing for limitations on discovery. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 75 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a section to read: |
8 | § 3818. Limitations on discovery. |
9 | A defendant charged with a violation of section 3802 |
10 | (relating to driving under influence of alcohol or controlled |
11 | substance) and the defendant's attorney shall have no right to |
12 | discover from the Commonwealth any of the following: |
13 | (1) Any manual, schematic or software of the instrument |
14 | used to test the blood or breath of the defendant or any |
15 | other material that is not in the actual possession of the |
16 | Commonwealth. |
17 | (2) Information relating to the instrument used to test |
18 | the blood or breath of the defendant that is in the |
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1 | possession of the manufacturer of the instrument. |
2 | Section 2. This act shall take effect in 60 days. |
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