THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY D. WHITE, ALLOWAY, RAFFERTY, STOUT, KITCHEN, TOMLINSON, WASHINGTON, EARLL AND BOSCOLA, OCTOBER 26, 2009

REFERRED TO LAW AND JUSTICE, OCTOBER 26, 2009  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for the offense of

carrying a false identification card.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6310.3 of Title 18 of the Pennsylvania

Consolidated Statutes is amended by adding subsections to read:

§ 6310.3.  Carrying a false identification card.

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(f)  Confiscation.--Any person authorized to sell liquor or

malt or brewed beverages under the act of April 12, 1951

(P.L.90, No.21), known as the Liquor Code, or an agent, employee

or representative of the person, shall confiscate an

identification card that has been presented for the purposes of

obtaining liquor or malt or brewed beverages when there is a

reasonable suspicion that a person has presented an

identification card as described in subsection (a). The

identification card confiscated under this subsection shall be

submitted to law enforcement personnel to make a determination

of the validity of the identification card presented. The

confiscation shall not impose civil or criminal liability upon

an individual confiscating the identification card.

(g)  Detention.--

(1)  Any person authorized to sell liquor or malt or

brewed beverages under the Liquor Code, or an agent, employee

or representative of the person, who has probable cause to

believe that an individual has attempted to obtain liquor or

malt or brewed beverages by using an identification card as

described in subsection (a) may detain the individual in a

reasonable manner for a reasonable time on or near the

premises for any of the following purposes:

(i)  To require the individual to identify himself.

(ii)  To verify the identification.

(iii)  To inform a peace officer so that criminal

proceedings under this subchapter may be instituted.

(2)  The detention under paragraph (1) shall not impose

civil or criminal liability upon the peace officer or the

person detaining the individual.

Section 2.  This act shall take effect in 60 days.