1Amending Titles 18 (Crimes and Offenses) and 75 (Vehicles) of
2the Pennsylvania Consolidated Statutes, further providing for
3selling or furnishing liquor or malt or brewed beverages to
4minors, for restriction of operating privileges and for
5suspension of operating privilege.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Sections 6310.1 and 6310.4(a) of Title 18 of the
9Pennsylvania Consolidated Statutes are amended to read:

10§ 6310.1. Selling or furnishing liquor or malt or brewed
11beverages to minors.

12(a) Offense defined.--Except as provided in subsection (b),
13a person commits [a misdemeanor of the third degree if he
14intentionally and knowingly sells or intentionally and knowingly
15furnishes, or purchases with the intent to sell or furnish, any
16liquor or malt or brewed beverages to a person who is less than
1721 years of age.] the following:

18(1) A misdemeanor punishable by imprisonment for up to 

1six months if he intentionally and knowingly sells or 
2intentionally and knowingly furnishes, or purchases with the 
3intent to sell or furnish, any liquor or malt or brewed 
4beverages to a person who is under 21 years of age.

5(2) A misdemeanor of the second degree if he
6intentionally or knowingly sells or intentionally or
7knowingly furnishes, or purchases with the intent to sell or
8furnish, any liquor or malt or brewed beverage to a person
9who is under 21 years of age under such circumstances that
10include one of the following:

11(i) The amount was sufficient for a high level of
12intoxication.

13(ii) The liquor or malt or brewed beverage was
14furnished to a group of more than three persons who are
15under 21 years of age.

16(iii) The furnishing of the liquor or malt or brewed
17beverage to a person under 21 years of age resulted in
18bodily injury, serious bodily injury or death.

19(iv) The offender had previously been convicted of
20violating this section.

21(b) Exceptions.--The provisions of this section shall not
22apply to any religious service or ceremony which may be
23conducted in a private home or a place of worship where the
24amount of wine served does not exceed the amount reasonably,
25customarily and traditionally required as an integral part of
26the service or ceremony.

27(c) Minimum penalty.--In addition to any other penalty
28imposed pursuant to this title or other statute, a person who is
29convicted of violating subsection [(a) shall be sentenced to pay
30a fine of not less than $1,000 for the first violation and a

1fine of $2,500 for each subsequent violation] (a)(1) shall be 
2sentenced to pay a fine of not less than $2,500. A person who is 
3convicted of violating subsection (a)(2) shall be sentenced to 
4pay a fine of not less than $5,000. There shall be no authority
5in any court to impose on an offender any lesser sentence than
6the minimum sentence mandated by this subsection. No court shall
7have the authority to suspend any sentence as defined in this
8section. Nothing in this section shall prevent the sentencing
9court from imposing a sentence greater than the minimum sentence
10mandated in this subsection. In no case shall the sentence
11exceed the maximum sentence prescribed by law.

12§ 6310.4. Restriction of operating privileges.

13(a) General rule.--Whenever a person is convicted or is
14adjudicated delinquent or is admitted to any preadjudication
15program for a violation of section 6307 (relating to
16misrepresentation of age to secure liquor or malt or brewed
17beverages), 6308 (relating to purchase, consumption, possession
18or transportation of liquor or malt or brewed beverages), 6310.1 
19(relating to selling or furnishing liquor or malt or brewed 
20beverages to minors) or 6310.3 (relating to carrying a false
21identification card), the court, including a court not of record
22if it is exercising jurisdiction pursuant to 42 Pa.C.S. § 
231515(a) (relating to jurisdiction and venue), shall order the
24operating privilege of the person suspended. A copy of the order
25shall be transmitted to the Department of Transportation.

26* * *

27Section 2. Section 1532(d) of Title 75 is amended to read:

28§ 1532. Suspension of operating privilege.

29* * *

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

1operating privilege of any person upon receiving a certified
2record of the driver's conviction, adjudication of delinquency
3or admission into a preadjudication program for a violation
4under 18 Pa.C.S. § 6307 (relating to misrepresentation of age to
5secure liquor or malt or brewed beverages), 6308 (relating to
6purchase, consumption, possession or transportation of liquor or
7malt or brewed beverages), 6310.1 (relating to selling or 
8furnishing liquor or malt or brewed beverages to minors) or
96310.3 (relating to carrying a false identification card). The
10duration of the suspension shall be as follows:

11(1) For a first offense, the department shall impose a
12suspension for a period of 90 days.

13(2) For a second offense, the department shall impose a
14suspension for a period of one year.

15(3) For a third and subsequent offense, the department
16shall impose a suspension for a period of two years. Any
17multiple suspensions imposed shall be served consecutively.

18Courts may certify the conviction, adjudication of delinquency
19or admission into the preadjudication program on the same form
20used to submit the order of suspension required under the
21provisions of 18 Pa.C.S. § 6310.4 (relating to restriction of
22operating privileges). Wherever practicable, the suspension
23imposed under this section shall be made concurrent with the
24suspension imposed under the provisions of 18 Pa.C.S. § 6310.4.
25All offenses committed on or after May 23, 1988, shall be
26included in considering whether an offense is a first, second,
27third or subsequent offense.

28Section 3. This act shall take effect in 60 days.