THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY RAFFERTY, TARTAGLIONE, ORIE, FONTANA, KITCHEN, YAW, BAKER, PILEGGI, EICHELBERGER, WAUGH, BREWSTER, GREENLEAF, EARLL, WOZNIAK, FARNESE, ERICKSON, ALLOWAY AND M. WHITE, FEBRUARY 7, 2011

REFERRED TO JUDICIARY, FEBRUARY 7, 2011  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in provisions relating to minors,

further providing for the offense of purchase, consumption,

possession or transportation of liquor or malt or brewed

beverages.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6308 of Title 18 of the Pennsylvania

Consolidated Statutes is amended by adding a subsection to read:

§ 6308.  Purchase, consumption, possession or transportation of

liquor or malt or brewed beverages.

* * *

(f)  Exception for person seeking medical attention for

another.--A person shall be immune from prosecution for

consumption under subsection (a) if he can establish the

following:

(1)  The only way law enforcement officers became aware

of the person's violation of subsection (a) is because the

person placed a 911 call, or a call to campus safety, police

or emergency services, in good faith, based on a reasonable

belief and reported that another person was in need of

immediate medical attention to prevent death or serious

injury.

(2)  The person reasonably believed he was the first

person to make a 911 call or a call to campus safety, police

or emergency services, and report that a person needed

immediate medical attention to prevent death or serious

injury.

(3)  The person provided his own name to the 911 operator 

or equivalent campus safety, police or emergency officer.

(4)  The person remained with the person needing medical

assistance until emergency health care providers arrived and

the need for his presence had ended.

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