PRINTER'S NO. 313
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
399
Session of
2015
INTRODUCED BY WHITE, VULAKOVICH, COSTA, BOSCOLA AND RAFFERTY,
FEBRUARY 4, 2015
REFERRED TO LAW AND JUSTICE, FEBRUARY 4, 2015
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in minors, further providing for the
offense of carrying a false identification card.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6310.3 of Title 18 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
ยง 6310.3. Carrying a false identification card.
* * *
(f) Confiscation.--
(1) Any employee, servant or agent of a person
authorized to sell liquor or malt or brewed beverages under
the act of April 12, 1951 (P.L.90, No.21), known as the
Liquor Code, may confiscate an identification card that has
been presented for the purposes of obtaining liquor or malt
or brewed beverages when there is a reasonable suspicion that
a person has presented an identification card as described in
subsection (a). An employee, servant or agent may confiscate
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an identification card upon reasonable suspicion that the age
or date of birth is false only after placing the
identification card through a transaction scan device.
(2) The following applies to identification cards
confiscated under this subsection:
(i) When the confiscation involves either a driver's
license or identification card issued by the Department
of Transportation, the person confiscating it shall issue
a completed receipt to the person from whom the
identification card is seized. The receipt shall be on a
form prescribed by the Pennsylvania Liquor Control Board.
Within 48 hours after the confiscation, the driver's
license or identification card shall be submitted to the
law enforcement agency having primary jurisdiction in
which the licensee's place of business is located to make
a determination of the validity of the identification
card presented. The law enforcement agency shall attempt
to return any confiscated identification card that is
determined to be valid unless it is otherwise needed for
a criminal or administrative investigation. If determined
to be invalid, altered or forged, the law enforcement
agency may process or destroy the identification in
accordance with its established procedures.
(ii) When the confiscation involves any other
identification card, the employee, servant or agent shall
retain the identification card for a minimum of 48 hours
after the confiscation to allow the person from whom it
was confiscated an opportunity to show proof that the
identification card was legitimate, upon which the
identification card shall be returned to the person by
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the employee, servant or agent. If the identification
card is not claimed and returned in accordance with this
subsection, the employee, servant or agent shall destroy
the identification card upon the expiration of the 48-
hour period and no later than five business days after
the confiscation occurred.
(3) As used in this subsection, the following terms
shall have the meanings given to them in this paragraph:
"Identification card." An identification card set forth
in section 495(a) of the act of April 12, 1951 (P.L.90,
No.21), known as the Liquor Code.
"Transaction scan device." A device capable of
deciphering in an electronically readable format the
information encoded on the magnetic strip or bar code of an
identification card.
Section 2. This act shall take effect in 60 days.
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