Regular Session 2017-2018 House Bill 1973 P.N. 2829

PRINTER'S NO. 2829

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1973

Session of

2017

INTRODUCED BY ENGLISH, MILLARD, RAVENSTAHL, ORTITAY, READSHAW,

CORBIN, D. COSTA, WARD, WATSON, NEILSON, DeLUCA AND DEASY,

DECEMBER 19, 2017

REFERRED TO COMMITTEE ON JUDICIARY, DECEMBER 19, 2017

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in minors, further providing for

purchase, consumption, possession or transportation of liquor

or malt or brewed beverages and for predisposition

evaluation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 6308(a) and (c) of Title 18 of the

Pennsylvania Consolidated Statutes are 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 offense for

a first or second violation and a misdemeanor of the third

degree for any subsequent violations if he, being less than 21

years of age, attempts to purchase, purchases, consumes,

possesses or knowingly and 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.

* * *

[(c) Preadjudication disposition.--

(1) When a person is charged with violating subsection

(a), the magisterial district judge may admit the offender to

the adjudication alternative as authorized in 42 Pa.C.S. §

1520 (relating to adjudication alternative program) or any

other preadjudication disposition if the offender has not

previously received a preadjudication disposition for

violating subsection (a).

(2) The use of a preadjudication disposition shall be

considered a first or subsequent offense, whichever is

applicable, for the purpose of further adjudication under

this section or under section 6310.4.]

(c.1) Preadjudication disposition.--

(1) If a person is charged with a first violation of

subsection (a), the magisterial district judge or the

judicial authority with jurisdiction over the violation shall

give first consideration to referring a person to a

diversionary program under 42 Pa.C.S. § 1520 (relating to

adjudication alternative program) and the Pennsylvania Rules

of Criminal Procedure if the offender has not previously

received a preadjudication disposition for violating

subsection (a). As part of the diversionary program, the

magisterial district judge or judicial authority with

jurisdiction over the violation may order the person to

participate in an age-appropriate alcohol awareness program

20170HB1973PN2829 - 2 -

approved by the Department of Drug and Alcohol Programs. If

the person successfully completes the diversionary program,

the person's records of the charge of violating subsection

(a) shall be expunged as provided for under Pa.R.C.P. No.320

(relating to Expungement Upon Successful Completion of ARD

Program) or under section 9123 (relating to juvenile

records).

(2) If a person is charged with a second or subsequent

violation of subsection (a), the magisterial district judge

or the judicial authority with jurisdiction over the

violation shall require the person to undergo an assessment

for alcohol or other drug dependency under section 6310.5

(relating to predisposition evaluation) to determine the

extent of the person's involvement with alcohol or other drug

dependency and to assist the court in determining what type

of sentence would benefit the person or the public. Based on

the results of the evaluation and any additional information,

the court shall require that the person successfully complete

a prescribed program of education, intervention or treatment

based on the person's individualized assessment and in

accordance with clinical criteria approved by the Department

of Drug and Alcohol Programs. If the person successfully

completes the prescribed program, the person's records of the

charge of violating subsection (a) shall be expunged as

provided for under Pa.R.C.P. No.320 or section 9123.

(3) The use of a preadjudication disposition shall be

considered a first or subsequent offense, whichever is

applicable, for the purpose of further adjudication under

this section or under section 6310.4.

(4) The costs of the requirements applied under this

20170HB1973PN2829 - 3 -

section shall be in addition to any other penalty required or

allowed by law and shall be the responsibility of the person

upon whom the requirement is placed.

* * *

Section 2. Section 6310.5(a)(3) and (b) of Title 18 are

amended to read:

§ 6310.5. Predisposition evaluation.

(a) General rule.--If an individual is convicted,

adjudicated delinquent or offered preadjudication disposition

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) or 6310.3 (relating to

carrying a false identification card), the following shall

apply:

* * *

(3) Evaluation under this subsection may consist of

evaluation techniques if deemed appropriate by the court to

determine the extent of the individual's involvement with

alcohol or other drug dependency.

(b) Program of education, intervention and [counseling]

treatment.--Based on the results of the evaluation authorized

under subsection (a) and any additional information, the court

may require that the person successfully complete a prescribed

program of education, intervention or [counseling] treatment

approved by the Department of [Health] Drug and Alcohol

Programs.

* * *

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

20170HB1973PN2829 - 4 -