PRINTER'S NO. 418
No. 378 Session of 1989
INTRODUCED BY LASHINGER, NAHILL, BUNT, GODSHALL, STABACK,
SCHEETZ, MICOZZIE, MERRY, FARGO, TIGUE, E. Z. TAYLOR,
ROBBINS, FARMER, WOGAN, NOYE, DALEY, VEON, RAYMOND, GEIST AND
RITTER, FEBRUARY 13, 1989
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 13, 1989
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for certain chemical tests.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Section 1547(b) of Title 75 of the Pennsylvania
6 Consolidated Statutes is amended to read:
7 § 1547. Chemical testing to determine amount of alcohol or
8 controlled substance.
9 * * *
10 (b) Suspension for refusal.--
11 (1) [If any] Any person placed under arrest for a
12 violation of section 3731 (relating to driving under
13 influence of alcohol or controlled substance) [is] may be
14 requested to submit to chemical testing of either breath,
15 blood or urine. If the person is requested to submit to a
16 blood test and refuses to do so, the blood test shall not be
17 conducted, but the police officer shall then request that
1 person to submit to either a breath test or a urine test. If
2 the person refuses to submit to either a breath test or urine
3 test [and refuses to do so], the testing shall not be
4 conducted but upon notice by the police officer, the
5 department shall suspend the operating privilege of the
6 person for a period of 12 months.
7 (2) It shall be the duty of the police officer to inform
8 the person that the person's operating privilege will be
9 suspended upon refusal to submit to chemical testing.
10 (3) Any person whose operating privilege is suspended
11 under the provisions of this section shall have the same
12 right of appeal as provided for in cases of suspension for
13 other reasons.
14 * * *
15 Section 2. This act shall take effect immediately.
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