Bill Text: PA HB1523 | 2009-2010 | Regular Session | Amended

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Bill Title: In protection of property and persons, further providing for hunting or furtaking prohibited while under influence of alcohol or controlled substance and for chemical test to determine amount of alcohol.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2010-03-15 - Re-referred to APPROPRIATIONS [HB1523 Detail]

Download: Pennsylvania-2009-HB1523-Amended.html

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PRIOR PRINTER'S NO. 1890 PRINTER'S NO. 2208
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1523 Session of2009
INTRODUCED BY KULA, MAHONEY, STABACK, CARROLL, CLYMER, D. COSTA, CREIGHTON, CUTLER, GERGELY, HALUSKA, LONGIETTI, MILLARD, MURPHY, MURT, O'NEILL, PAYNE, PEIFER, READSHAW, SIPTROTH, STURLA, SWANGER, VULAKOVICH, WATSON, YOUNGBLOOD, HORNAMAN, MELIO, BEYER AND GINGRICH, MAY 26, 2009
AS REPORTED FROM COMMITTEE ON GAME AND FISHERIES, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 17, 2009
AN ACT
Amending Title 34 (Game) of the Pennsylvania Consolidated
Statutes, in protection of property and persons, further
providing for hunting or furtaking prohibited while under
influence of alcohol or controlled substance and for chemical
test to determine amount of alcohol.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2501(a)(4) and (a.1)(1)(i) (a.1) and <--
2502(a) and (d)(2) and (3) of Title 34 of the Pennsylvania
Consolidated Statutes are amended to read:
§ 2501. Hunting or furtaking prohibited while under influence
of alcohol or controlled substance.
(a) General rule.--It is unlawful to hunt or take game,
furbearers or wildlife or aid, abet, assist or conspire to hunt
or take game, furbearers or wildlife anywhere in this
Commonwealth while in possession of a firearm of any kind or a
bow and arrow if:
* * *
(4) the amount of alcohol by weight in the blood of:
(i) an adult is [0.10%] 0.08% or greater; or
(ii) a minor is 0.02% or greater.
(a.1) Prima facie evidence.--
(1) It is prima facie evidence that:
(i) an adult had [0.10%] 0.08% or more by weight of
alcohol in his or her blood at the time of hunting or
taking of game, furbearers or wildlife or the aiding,
abetting, assisting or conspiring to hunt or take game,
furbearers or wildlife if the amount of alcohol by weight
in the blood of the person is equal to or greater than
[0.10%] 0.08% at the time a chemical test is performed on
a sample of the person's breath, blood or urine; or
* * * <--
(ii) a minor had 0.02% or more by weight of alcohol
in his or her blood at the time of hunting or taking of
game, furbearers or wildlife or the aiding, abetting,
assisting or conspiring to hunt or take game, furbearers
or wildlife if the amount of alcohol by weight in the
blood of the minor is equal to or greater than 0.02% at
the time a chemical test is performed on a sample of the
minor's breath, blood or urine.
(2) For the purpose of this section, the chemical test
of the sample of the person's or minor's breath, blood or
urine shall be from a sample obtained:
(i) within [three] two hours after the person or
minor hunted or took game, furbearers or wildlife or
aided, abetted, assisted or conspired to hunt or take
game, furbearers or wildlife; or
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(ii) within a reasonable additional time after the
person or minor hunted or took game, furbearers or
wildlife or aided, abetted, assisted or conspired to hunt
or take game, furbearers or wildlife if the circumstances
of the incident prevented collecting the sample within
[three] two hours.
* * *
§ 2502. Chemical test to determine amount of alcohol.
(a) [General rule] Consent to and administration of chemical
test.--
(1) Any person who hunts or takes or attempts, aids,
abets, assists or conspires to hunt or take game, furbearers
or wildlife shall be deemed to have given consent to a
chemical test of breath, blood or urine for the purpose of
determining the alcoholic content of blood or the presence of
a controlled substance if any officer whose duty it is to
enforce this title shall have reasonable grounds to believe
the person to have been hunting or taking, or assisting or
attempting to hunt or take, game, furbearers or wildlife
while under the influence of alcohol or a controlled
substance.
(2) The test shall be administered by personnel and
equipment approved by regulation of the commission. The
commission may also promulgate regulations otherwise relating
to the administration of this section.
* * *
(d) Presumptions from amount of alcohol.--If chemical
analysis of a person's breath, blood or urine shows:
* * *
(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%]
0.08%, this fact shall not give rise to any presumption that
the person tested was or was not under the influence of
alcohol, but this fact may be considered with other competent
evidence in determining whether the person was or was not
under the influence of alcohol.
(3) That the amount of alcohol by weight in the blood of
the person tested is [0.10%] 0.08% or more, it shall be
presumed that the defendant was under the influence of
alcohol.
* * *
Section 2. This act shall take effect in 60 days.
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