PRINTER'S NO. 3359
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2073
Session of
2015
INTRODUCED BY D. COSTA, BAKER, DRISCOLL, BARRAR, MILLARD,
FARINA, HELM, READSHAW, MAHONEY, DeLUCA, PHILLIPS-HILL,
MILNE, WATSON, NELSON, A. HARRIS, DEASY, GILLEN, CALTAGIRONE,
VEREB, McNEILL AND MCCLINTON, MAY 17, 2016
REFERRED TO COMMITTEE ON JUDICIARY, MAY 17, 2016
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in minors, further providing for purchase,
consumption, possession or transportation of liquor or malt
or brewed beverages; in magisterial district judges, further
providing for jurisdiction and venue; and, in juvenile
matters, further providing for inspection of court files and
records.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. This act shall be known and may be cited as Ava's
Law.
Section 2. Section 6308(a) of Title 18 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding a subsection to read:
§ 6308. Purchase, consumption, possession or transportation of
liquor or malt or brewed beverages.
(a) Offense defined.--A person commits [a summary] an
offense if he, being less than 21 years of age, attempts to
purchase, purchases, consumes, possesses or knowingly and
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intentionally transports any liquor or malt or brewed beverages,
as defined in section 6310.6 (relating to definitions). For the
purposes of this section, it shall not be a defense that the
liquor or malt or brewed beverage was consumed in a jurisdiction
other than the jurisdiction where the citation for underage
drinking was issued. An offense under this section shall be
graded as follows:
(1) A first offense under this section shall constitute
a summary offense.
(2) A second or subsequent offense under this section
shall constitute a misdemeanor of the third degree.
* * *
(g) Duties of magisterial district judges.--The magisterial
district judge shall inspect the following information to
determine if the defendant was previously found guilty or
adjudicated delinquent of an offense under this section or under
75 Pa.C.S. § 3802 (relating to driving under influence of
alcohol or controlled substance):
(1) The defendant's criminal history record information.
(2) The files and records under 42 Pa.C.S. Ch. 63
(relating to juvenile matters).
Section 2. Section 1515(a)(6)(ii) of Title 42 is amended to
read:
§ 1515. Jurisdiction and venue.
(a) Jurisdiction.--Except as otherwise prescribed by general
rule adopted pursuant to section 503 (relating to reassignment
of matters), magisterial district judges shall, under procedures
prescribed by general rule, have jurisdiction of all of the
following matters:
* * *
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(6) * * *
(ii) Subparagraph (i) shall not apply to any offense
under the following provisions of Title 18:
Section 4303 (relating to concealing death of
child born out of wedlock).
Section 4321 (relating to willful separation or
nonsupport).
Section 5103 (relating to unlawfully listening
into deliberations of jury).
Section 6308(a)(2) (relating to purchase,
consumption, possession or transportation of liquor
or malt or brewed beverages).
* * *
Section 3. Section 6307(a) of Title 42 is amended by adding
a paragraph to read:
§ 6307. Inspection of court files and records.
(a) General rule.--All files and records of the court in a
proceeding under this chapter are open to inspection only by:
* * *
(6.6) A magisterial district judge who presides over a
hearing related to a violation of 18 Pa.C.S. § 6308 (relating
to purchase, consumption, possession or transportation of
liquor or malt or brewed beverages) to determine if the
defendant was previously adjudicated delinquent of an offense
under 18 Pa.C.S. § 6308 or 75 Pa.C.S. § 3802 (relating to
driving under influence of alcohol or controlled substance).
* * *
Section 4. This act shall take effect in 60 days.
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