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                                                       PRINTER'S NO. 783

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 720 Session of 1989


        INTRODUCED BY PORTERFIELD, ANDREZESKI, AFFLERBACH, REIBMAN,
           DAWIDA, STAPLETON, O'PAKE, SCANLON, MUSTO, STOUT, FATTAH,
           WILLIAMS, SHUMAKER, BELL, MELLOW, BELAN, STEWART, REGOLI,
           LEWIS, BODACK, ROSS, JONES AND PECORA, MARCH 20, 1989

        REFERRED TO GAME AND FISHERIES, MARCH 20, 1989

                                     AN ACT

     1  Amending Title 34 (Game) of the Pennsylvania Consolidated
     2     Statutes, further providing for the powers and duties of Game
     3     Commission officers.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 322(c)(12) of Title 34 of the
     7  Pennsylvania Consolidated Statutes is amended and the subsection
     8  is amended by adding a paragraph to read:
     9  § 322.  Powers and duties of commission.
    10     * * *
    11     (c)  Specific powers and duties.--In order to administrate
    12  and enforce this title, the commission through proper action
    13  shall:
    14         * * *
    15         (12)  Arrange for the administration of chemical tests of
    16     breath, blood or urine to persons for the purpose of
    17     determining the alcoholic content of blood or the presence of


     1     a controlled substance under section 2502 (relating to
     2     chemical test to determine amount of alcohol) by qualified
     3     personnel of a State or local police department or qualified
     4     personnel of a clinical laboratory licensed and approved by
     5     the Department of Health.
     6         [(12)] (13)  Take any necessary action to accomplish and
     7     assure the purposes of this title.
     8     Section 2.  Section 901 of Title 34 is amended by adding a
     9  paragraph to read:
    10  § 901.  Powers and duties of enforcement officers.
    11     Any officer whose duty it is to enforce this title or any
    12  officer investigating any alleged violation of this title shall
    13  have the power and duty to:
    14         * * *
    15         (17)  When acting within the scope of the officer's
    16     employment, pursue, apprehend or arrest any individual
    17     suspected of violating any provision of 18 Pa.C.S. (relating
    18     to crimes and offenses) or any other offense classified as a
    19     misdemeanor or felony. The officer shall also have the power
    20     to serve and execute warrants issued by the proper
    21     authorities for offenses referred to in this paragraph and to
    22     serve subpoenas issued for examination.
    23     Section 3.  Section 902 of Title 34 is amended to read:
    24  § 902.  Deputy Game Commission officers.
    25     [Deputy] Except for the power conferred under section 901(17)
    26  (relating to powers and duties of enforcement officers), deputy
    27  Game Commission officers shall, unless further restricted by the
    28  director, exercise all the powers and perform all the duties
    29  conferred by this title on Game Commission officers.
    30     Section 4.  This act shall take effect July 1, 1989.
    B27L34JLW/19890S0720B0783        - 2 -