1Amending Title 34 (Game) of the Pennsylvania Consolidated
2Statutes, in protection of property and persons, further
3providing for hunting or furtaking prohibited while under
4influence of alcohol or controlled substance and for chemical
5test to determine amount of alcohol.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1.  Sections 2501(a)(4) and (a.1) and 2502(a) and (d)
9(2) and (3) of Title 34 of the Pennsylvania Consolidated
10Statutes are amended to read:

11§ 2501.  Hunting or furtaking prohibited while under influence
12of alcohol or controlled substance.

13(a)  General rule.--It is unlawful to hunt or take game,
14furbearers or wildlife or aid, abet, assist or conspire to hunt
15or take game, furbearers or wildlife anywhere in this
16Commonwealth while in possession of a firearm of any kind or a
17bow and arrow if:

18* * *

19(4)  the amount of alcohol by weight in the blood of:

1(i)  an adult is [0.10%] 0.08% or greater; or

2(ii)  a minor is 0.02% or greater.

3(a.1)  Prima facie evidence.--

4(1)  It is prima facie evidence that:

5(i)  an adult had [0.10%] 0.08% or more by weight of
6alcohol in his or her blood at the time of hunting or
7taking of game, furbearers or wildlife or the aiding,
8abetting, assisting or conspiring to hunt or take game,
9furbearers or wildlife if the amount of alcohol by weight
10in the blood of the person is equal to or greater than
11[0.10%] 0.08% at the time a chemical test is performed on
12a sample of the person's breath, blood or urine; or

13(ii)  a minor had 0.02% or more by weight of alcohol
14in his or her blood at the time of hunting or taking of
15game, furbearers or wildlife or the aiding, abetting,
16assisting or conspiring to hunt or take game, furbearers
17or wildlife if the amount of alcohol by weight in the
18blood of the minor is equal to or greater than 0.02% at
19the time a chemical test is performed on a sample of the
20minor's breath, blood or urine.

21(2)  For the purpose of this section, the chemical test
22of the sample of the person's or minor's breath, blood or
23urine shall be from a sample obtained:

24(i)  within [three] two hours after the person or
25minor hunted or took game, furbearers or wildlife or
26aided, abetted, assisted or conspired to hunt or take
27game, furbearers or wildlife; or

28(ii)  within a reasonable additional time after the
29person or minor hunted or took game, furbearers or
30wildlife or aided, abetted, assisted or conspired to hunt

1or take game, furbearers or wildlife if the circumstances
2of the incident prevented collecting the sample within
3[three] two hours.

4* * *

5§ 2502.  Chemical test to determine amount of alcohol.

6(a)  [General rule] Consent to and administration of chemical 
7test.--

8(1)  Any person who hunts or takes or attempts, aids,
9abets, assists or conspires to hunt or take game, furbearers
10or wildlife shall be deemed to have given consent to a
11chemical test of breath, blood or urine for the purpose of
12determining the alcoholic content of blood or the presence of
13a controlled substance if any officer whose duty it is to
14enforce this title shall have reasonable grounds to believe
15the person to have been hunting or taking, or assisting or
16attempting to hunt or take, game, furbearers or wildlife
17while under the influence of alcohol or a controlled
18substance.

19(2)  The test shall be administered by personnel and
20equipment approved by regulation of the commission. The 
21commission may also promulgate regulations otherwise relating 
22to the administration of this section.

23* * *

24(d)  Presumptions from amount of alcohol.--If chemical
25analysis of a person's breath, blood or urine shows:

26* * *

27(2)  That the amount of alcohol by weight in the blood of
28the person tested is in excess of 0.05% but less than [0.10%]
290.08%, this fact shall not give rise to any presumption that
30the person tested was or was not under the influence of

1alcohol, but this fact may be considered with other competent
2evidence in determining whether the person was or was not
3under the influence of alcohol.

4(3)  That the amount of alcohol by weight in the blood of
5the person tested is [0.10%] 0.08% or more, it shall be
6presumed that the defendant was under the influence of
7alcohol.

8* * *

9Section 2.  This act shall take effect in 60 days.