THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY O'NEILL, CALTAGIRONE, CARROLL, DENLINGER, FARRY, HARHART, HARKINS, JOSEPHS, KILLION, MILLER, PICKETT, READSHAW, REICHLEY, SCAVELLO, WATSON AND YOUNGBLOOD, FEBRUARY 2, 2011

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 2, 2011  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for purchase,

consumption, possession or transportation of liquor or malt

or brewed beverages.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6308 of Title 18 of the Pennsylvania

Consolidated Statutes is amended by adding a subsection to read:

§ 6308.  Purchase, consumption, possession or transportation of

liquor or malt or brewed beverages.

* * *

(f)  Exception for person seeking medical attention for

another.--A person shall be immune from prosecution for

consumption under subsection (a) if he can establish the

following:

(1)  The sole means for law enforcement officers to

become aware of the person's violation of subsection (a) is

because the person placed a 911 call and reported that

another person was in need of medical assistance due to

alcohol consumption.

(2)  The person was the first person to make a 911 call

and report that a person needed medical assistance due to

alcohol consumption.

(3)  The person provided his own name to the 911

operator.

(4)  The person remained with the person needing medical

assistance until emergency health care providers arrived and

the need for his presence had ended.

Section 2.  This act shall take effect in 60 days.