PRINTER'S NO.  898

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

860

Session of

2011

  

  

INTRODUCED BY KULA, STABACK, READSHAW, STURLA, BOYD, BRENNAN, CARROLL, COHEN, CREIGHTON, GEIST, HORNAMAN, MAHONEY, MILLARD, PEIFER, PRESTON, QUINN, CUTLER, DALEY AND MOUL, MARCH 1, 2011

  

  

REFERRED TO COMMITTEE ON GAME AND FISHERIES, MARCH 1, 2011  

  

  

  

AN ACT

  

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Amending Title 34 (Game) of the Pennsylvania Consolidated

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Statutes, in protection of property and persons, further

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providing for hunting or furtaking prohibited while under

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influence of alcohol or controlled substance and for chemical

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test to determine amount of alcohol.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Sections 2501(a)(4) and (a.1) and 2502(a) and (d)

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(2) and (3) of Title 34 of the Pennsylvania Consolidated

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Statutes are amended to read:

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§ 2501.  Hunting or furtaking prohibited while under influence

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of alcohol or controlled substance.

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(a)  General rule.--It is unlawful to hunt or take game,

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furbearers or wildlife or aid, abet, assist or conspire to hunt

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or take game, furbearers or wildlife anywhere in this

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Commonwealth while in possession of a firearm of any kind or a

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bow and arrow if:

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* * *

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(4)  the amount of alcohol by weight in the blood of:

 


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(i)  an adult is [0.10%] 0.08% or greater; or

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(ii)  a minor is 0.02% or greater.

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(a.1)  Prima facie evidence.--

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(1)  It is prima facie evidence that:

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(i)  an adult had [0.10%] 0.08% or more by weight of

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alcohol in his or her blood at the time of hunting or

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taking of game, furbearers or wildlife or the aiding,

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abetting, assisting or conspiring to hunt or take game,

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furbearers or wildlife if the amount of alcohol by weight

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in the blood of the person is equal to or greater than

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[0.10%] 0.08% at the time a chemical test is performed on

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a sample of the person's breath, blood or urine; or

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(ii)  a minor had 0.02% or more by weight of alcohol

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in his or her blood at the time of hunting or taking of

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game, furbearers or wildlife or the aiding, abetting,

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assisting or conspiring to hunt or take game, furbearers

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or wildlife if the amount of alcohol by weight in the

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blood of the minor is equal to or greater than 0.02% at

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the time a chemical test is performed on a sample of the

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minor's breath, blood or urine.

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(2)  For the purpose of this section, the chemical test

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of the sample of the person's or minor's breath, blood or

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urine shall be from a sample obtained:

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(i)  within [three] two hours after the person or

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minor hunted or took game, furbearers or wildlife or

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aided, abetted, assisted or conspired to hunt or take

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game, furbearers or wildlife; or

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(ii)  within a reasonable additional time after the

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person or minor hunted or took game, furbearers or

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wildlife or aided, abetted, assisted or conspired to hunt

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or take game, furbearers or wildlife if the circumstances

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of the incident prevented collecting the sample within

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[three] two hours.

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* * *

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§ 2502.  Chemical test to determine amount of alcohol.

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(a)  [General rule] Consent to and administration of chemical

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test.--

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(1)  Any person who hunts or takes or attempts, aids,

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abets, assists or conspires to hunt or take game, furbearers

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or wildlife shall be deemed to have given consent to a

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chemical test of breath, blood or urine for the purpose of

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determining the alcoholic content of blood or the presence of

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a controlled substance if any officer whose duty it is to

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enforce this title shall have reasonable grounds to believe

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the person to have been hunting or taking, or assisting or

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attempting to hunt or take, game, furbearers or wildlife

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while under the influence of alcohol or a controlled

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substance.

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(2)  The test shall be administered by personnel and

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equipment approved by regulation of the commission. The

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commission may also promulgate regulations otherwise relating

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to the administration of this section.

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* * *

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(d)  Presumptions from amount of alcohol.--If chemical

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analysis of a person's breath, blood or urine shows:

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* * *

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(2)  That the amount of alcohol by weight in the blood of

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the person tested is in excess of 0.05% but less than [0.10%] 

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0.08%, this fact shall not give rise to any presumption that

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the person tested was or was not under the influence of

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alcohol, but this fact may be considered with other competent

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evidence in determining whether the person was or was not

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under the influence of alcohol.

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(3)  That the amount of alcohol by weight in the blood of

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the person tested is [0.10%] 0.08% or more, it shall be

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presumed that the defendant was under the influence of

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alcohol.

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* * *

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

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