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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY KAUFFMAN, BENNINGHOFF, BEYER, BOYD, BRENNAN, CALTAGIRONE, CARROLL, CREIGHTON, DENLINGER, FLECK, GEIST, GINGRICH, GRUCELA, HESS, HORNAMAN, KORTZ, MILLER, MILNE, MOUL, MURT, MUSTIO, PHILLIPS, PICKETT, QUINN, RAPP, READSHAW, SIPTROTH, STERN, STEVENSON, TRUE AND VULAKOVICH, FEBRUARY 24, 2009 |
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| REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 24, 2009 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, further providing for chemical testing to determine |
3 | amount of alcohol or controlled substance. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 1547(a) of Title 75 of the Pennsylvania |
7 | Consolidated Statutes is amended to read: |
8 | § 1547. Chemical testing to determine amount of alcohol or |
9 | controlled substance. |
10 | (a) General rule.--Any person who drives, operates or is in |
11 | actual physical control of the movement of a vehicle in this |
12 | Commonwealth shall be deemed to have given consent to one or |
13 | more chemical tests of breath, blood or urine for the purpose of |
14 | determining the alcoholic content of blood or the presence of a |
15 | controlled substance if [a police officer has reasonable grounds |
16 | to believe the person to have been driving, operating or in |
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1 | actual physical control of the movement of a vehicle: |
2 | (1) in violation of section 1543(b)(1.1) (relating to |
3 | driving while operating privilege is suspended or revoked), |
4 | 3802 (relating to driving under influence of alcohol or |
5 | controlled substance) or 3808(a)(2) (relating to illegally |
6 | operating a motor vehicle not equipped with ignition |
7 | interlock); or |
8 | (2) which was involved in an accident in which the |
9 | operator or passenger of any vehicle involved or a pedestrian |
10 | required treatment at a medical facility or was killed.] one |
11 | of the following applies: |
12 | (1) A police officer has reasonable grounds to believe |
13 | the person to have been driving, operating or in actual |
14 | physical control of the movement of a vehicle in violation of |
15 | section 1543(b)(1.1) (relating to driving while operating |
16 | privilege is suspended or revoked), 3802 (relating to driving |
17 | under influence of alcohol or controlled substance) or |
18 | 3808(a)(2) (relating to illegally operating a motor vehicle |
19 | not equipped with ignition interlock). |
20 | (2) The person was driving, operating or in actual |
21 | physical control of the movement of a vehicle which was |
22 | involved in an accident in which the operator or passenger of |
23 | any vehicle involved or a pedestrian required treatment at a |
24 | medical facility or was killed. |
25 | * * * |
26 | Section 2. The amendment of 75 Pa.C.S. § 1547(a) shall apply |
27 | to a person driving, operating or in actual physical control of |
28 | the movement of a vehicle in this Commonwealth on or after the |
29 | effective date of this section. |
30 | Section 3. This act shall take effect in 60 days. |
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