Bill Text: PA HB2643 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for chemical testing to determine amount of alcohol or controlled substance.

Spectrum: Slight Partisan Bill (Republican 12-6)

Status: (Introduced - Dead) 2010-07-06 - Referred to TRANSPORTATION [HB2643 Detail]

Download: Pennsylvania-2009-HB2643-Introduced.html

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PRINTER'S NO. 4098
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2643 Session of2010
INTRODUCED BY SCAVELLO, BEYER, BUXTON, CARROLL, CLYMER, D. COSTA, CREIGHTON, GEIST, GINGRICH, HARPER, MURT, RAPP, SIPTROTH, STEVENSON, SWANGER, THOMAS, VULAKOVICH AND YOUNGBLOOD, JULY 6, 2010
REFERRED TO COMMITTEE ON TRANSPORTATION, JULY 6, 2010
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, further providing for chemical testing to determine
amount of alcohol or controlled substance.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1547(a) of Title 75 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding a subsection to read:
§ 1547. Chemical testing to determine amount of alcohol or
controlled substance.
(a) General rule.--Any person who drives, operates or is in
actual physical control of the movement of a vehicle in this
Commonwealth shall be deemed to have given consent to one or
more chemical tests of breath, blood or urine for the purpose of
determining the alcoholic content of blood or the presence of a
controlled substance if a police officer has reasonable grounds
to believe the person to have been driving, operating or in
actual physical control of the movement of a vehicle[:
(1)] in violation of section 1543(b)(1.1) (relating to
driving while operating privilege is suspended or revoked),
3802 (relating to driving under influence of alcohol or
controlled substance) or 3808(a)(2) (relating to illegally
operating a motor vehicle not equipped with ignition
interlock)[; or
(2) which was involved in an accident in which the
operator or passenger of any vehicle involved or a pedestrian
required treatment at a medical facility or was killed].
(a.1) Probable cause.--Any person who drives, operates or is
in actual physical control of the movement of a vehicle in this
Commonwealth which was involved in an accident and who could be
cited for any traffic offense where the accident resulted in the
immediate death or serious bodily injury, as defined in 18
Pa.C.S. § 2301 (relating to definitions), of any person shall
submit to drug and alcohol testing as soon as practicable after
the accident occurs. The traffic offense shall constitute
probable cause.
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Section 2. This act shall take effect in 60 days.
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