PRINTER'S NO. 3601
No. 2469 Session of 2006
INTRODUCED BY GEIST, HESS AND BASTIAN, FEBRUARY 15, 2006
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 15, 2006
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for driving under influence of
3 alcohol or controlled substance.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3802(g)(1) of Title 75 of the
7 Pennsylvania Consolidated Statutes is amended to read:
8 § 3802. Driving under influence of alcohol or controlled
9 substance.
10 * * *
11 (g) Exception to two-hour rule.--Notwithstanding the
12 provisions of subsection (a), (b), (c), (e) or (f), where
13 alcohol or controlled substance concentration in an individual's
14 blood or breath is an element of the offense, evidence of such
15 alcohol or controlled substance concentration more than two
16 hours after the individual has driven, operated or been in
17 actual physical control of the movement of the vehicle is
18 sufficient to establish that element of the offense under the
1 following circumstances:
2 (1) where the Commonwealth shows good cause explaining
3 why the chemical test sample could not be [performed]
4 obtained within two hours; and
5 * * *
6 Section 2. This act shall take effect in 60 days.
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