PRINTER'S NO. 3096
No. 2222 Session of 2005
INTRODUCED BY KAUFFMAN, McILHATTAN, ALLEN, ARMSTRONG, BASTIAN, BOYD, CALTAGIRONE, CREIGHTON, DeLUCA, GABIG, GINGRICH, GRUCELA, JAMES, KILLION, MANN, PHILLIPS, PISTELLA, RAPP, SCAVELLO, SIPTROTH, B. SMITH, SOLOBAY, STERN, R. STEVENSON, E. Z. TAYLOR, THOMAS AND TIGUE, NOVEMBER 14, 2005
REFERRED TO COMMITTEE ON TRANSPORTATION, NOVEMBER 14, 2005
AN ACT 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 17 actual physical control of the movement of a vehicle:
1 (1) in violation of section 1543(b)(1.1) (relating to 2 driving while operating privilege is suspended or revoked), 3 3802 (relating to driving under influence of alcohol or 4 controlled substance) or 3808(a)(2) (relating to illegally 5 operating a motor vehicle not equipped with ignition 6 interlock); or 7 (2) which was involved in an accident in which the 8 operator or passenger of any vehicle involved or a pedestrian 9 required treatment at a medical facility or was killed.] one 10 of the following applies: 11 (1) A police officer has reasonable grounds to believe 12 the person to have been driving, operating or in actual 13 physical control of the movement of a vehicle in violation of 14 section 1543(b)(1.1) (relating to driving while operating 15 privilege is suspended or revoked), 3802 (relating to driving 16 under influence of alcohol or controlled substance) or 17 3808(a)(2) (relating to illegally operating a motor vehicle 18 not equipped with ignition interlock). 19 (2) The person was driving, operating or in actual 20 physical control of the movement of a vehicle which was 21 involved in an accident in which the operator or passenger of 22 any vehicle involved or a pedestrian required treatment at a 23 medical facility or was killed. 24 * * * 25 Section 2. The amendment of 75 Pa.C.S. § 1547(a) shall apply 26 to a person driving, operating or in actual physical control of 27 the movement of a vehicle in this Commonwealth on or after the 28 effective date of this section. 29 Section 3. This act shall take effect in 60 days. I21L75MSP/20050H2222B3096 - 2 -