THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BAKER, GEIST, PICKETT, GINGRICH, D. COSTA, DeLUCA, HICKERNELL, MICOZZIE, MILLARD, MILNE, MOUL, RAPP, READSHAW, K. SMITH, TALLMAN, VULAKOVICH AND WATSON, JANUARY 31, 2011

REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 31, 2011  

AN ACT

Amending Titles 18 (Crimes and Offenses) and 75 (Vehicles) of

the Pennsylvania Consolidated Statutes, further providing for

selling or furnishing liquor or malt or brewed beverages to

minors, for restriction of operating privileges and for

suspension of operating privilege.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 6310.1 and 6310.4(a) of Title 18 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 6310.1.  Selling or furnishing liquor or malt or brewed

beverages to minors.

(a)  Offense defined.--Except as provided in subsection (b),

a person commits [a misdemeanor of the third degree if he

intentionally and knowingly sells or intentionally and knowingly

furnishes, or purchases with the intent to sell or furnish, any

liquor or malt or brewed beverages to a person who is less than

21 years of age.] the following:

(1)  A misdemeanor punishable by up to six months'

imprisonment if he intentionally and knowingly sells or

intentionally and knowingly furnishes, or purchases with the

intent to sell or furnish, any liquor or malt or brewed

beverages to a person who is under 21 years of age.

(2)  A misdemeanor of the second degree if he

intentionally or knowingly sells or intentionally or

knowingly furnishes, or purchases with the intent to sell or

furnish, any liquor or malt or brewed beverage to a person

who is under 21 years of age under such circumstances that

include one of the following:

(i)  The amount was sufficient for a high level of

intoxication.

(ii)  The liquor or malt or brewed beverage was

furnished to a group of more than three persons who are

under 21 years of age.

(iii)  The furnishing of the liquor or malt or brewed

beverage to a person under 21 years of age resulted in

bodily injury, serious bodily injury or death.

(iv)  The offender had previously been convicted of

violating this section.

(b)  Exceptions.--The provisions of this section shall not

apply to any religious service or ceremony which may be

conducted in a private home or a place of worship where the

amount of wine served does not exceed the amount reasonably,

customarily and traditionally required as an integral part of

the service or ceremony.

(c)  Minimum penalty.--In addition to any other penalty

imposed pursuant to this title or other statute, a person who is

convicted of violating subsection [(a) shall be sentenced to pay

a fine of not less than $1,000 for the first violation and a

fine of $2,500 for each subsequent violation] (a)(1) shall be

sentenced to pay a fine of not less than $2,500. A person who is

convicted of violating subsection (a)(2) shall be sentenced to

pay a fine of not less than $5,000. There shall be no authority

in any court to impose on an offender any lesser sentence than

the minimum sentence mandated by this subsection. No court shall

have the authority to suspend any sentence as defined in this

section. Nothing in this section shall prevent the sentencing

court from imposing a sentence greater than the minimum sentence

mandated in this subsection. In no case shall the sentence

exceed the maximum sentence prescribed by law.

§ 6310.4.  Restriction of operating privileges.

(a)  General rule.--Whenever a person is convicted or is

adjudicated delinquent or is admitted to any preadjudication

program for a violation of section 6307 (relating to

misrepresentation of age to secure liquor or malt or brewed

beverages), 6308 (relating to purchase, consumption, possession

or transportation of liquor or malt or brewed beverages), 6310.1

(relating to selling or furnishing liquor or malt or brewed

beverages to minors) or 6310.3 (relating to carrying a false

identification card), the court, including a court not of record

if it is exercising jurisdiction pursuant to 42 Pa.C.S. §

1515(a) (relating to jurisdiction and venue), shall order the

operating privilege of the person suspended. A copy of the order

shall be transmitted to the Department of Transportation.

* * *

Section 2.  Section 1532(d) of Title 75 is amended to read:

§ 1532.  Suspension of operating privilege.

* * *

(d)  Additional suspension.--The department shall suspend the

operating privilege of any person upon receiving a certified

record of the driver's conviction, adjudication of delinquency

or admission into a preadjudication program for a violation

under 18 Pa.C.S. § 6307 (relating to misrepresentation of age to

secure liquor or malt or brewed beverages), 6308 (relating to

purchase, consumption, possession or transportation of liquor or

malt or brewed beverages), 6310.1 (relating to selling or

furnishing liquor or malt or brewed beverages to minors) or

6310.3 (relating to carrying a false identification card). The

duration of the suspension shall be as follows:

(1)  For a first offense, the department shall impose a

suspension for a period of 90 days.

(2)  For a second offense, the department shall impose a

suspension for a period of one year.

(3)  For a third and subsequent offense, the department

shall impose a suspension for a period of two years. Any

multiple suspensions imposed shall be served consecutively.

Courts may certify the conviction, adjudication of delinquency

or admission into the preadjudication program on the same form

used to submit the order of suspension required under the

provisions of 18 Pa.C.S. § 6310.4 (relating to restriction of

operating privileges). Wherever practicable, the suspension

imposed under this section shall be made concurrent with the

suspension imposed under the provisions of 18 Pa.C.S. § 6310.4.

All offenses committed on or after May 23, 1988, shall be

included in considering whether an offense is a first, second,

third or subsequent offense.

Section 3.  This act shall take effect in 60 days.