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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PAYNE, BAKER, BELFANTI, BENNINGHOFF, BEYER, DeLUCA, DONATUCCI, FLECK, GEIST, GINGRICH, HARRIS, HESS, KILLION, KIRKLAND, MOUL, PETRI, PHILLIPS, PYLE, RAPP, READSHAW, SCAVELLO, SIPTROTH, SOLOBAY, STERN, SWANGER, TRUE AND VULAKOVICH, FEBRUARY 23, 2009 |
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| REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 23, 2009 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, further prohibiting selling or |
3 | furnishing liquor or malt or brewed beverages to minors. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 6310.1 of Title 18 of the Pennsylvania |
7 | Consolidated Statutes is amended to read: |
8 | § 6310.1. Selling or furnishing liquor or malt or brewed |
9 | beverages to minors. |
10 | (a) Offense defined.--Except as provided in subsection (b), |
11 | a person commits a misdemeanor of the [third] first degree if he |
12 | intentionally and knowingly sells or intentionally and knowingly |
13 | furnishes, or purchases with the intent to sell or furnish, any |
14 | liquor or malt or brewed beverages to a person who is less than |
15 | 21 years of age. |
16 | (b) Exceptions.--The provisions of this section shall not |
17 | apply to any religious service or ceremony which may be |
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1 | conducted in a private home or a place of worship where the |
2 | amount of wine served does not exceed the amount reasonably, |
3 | customarily and traditionally required as an integral part of |
4 | the service or ceremony. |
5 | (c) Minimum penalty.--In addition to any other penalty |
6 | imposed pursuant to this title or other statute, a person who is |
7 | convicted of violating subsection (a) shall be sentenced to pay |
8 | a fine of not less than [$1,000] $2,500 for the first violation |
9 | and a fine of [$2,500] $5,000 for each subsequent violation. |
10 | There shall be no authority in any court to impose on an |
11 | offender any lesser sentence than the minimum sentence mandated |
12 | by this subsection. No court shall have the authority to suspend |
13 | any sentence as defined in this section. Nothing in this section |
14 | shall prevent the sentencing court from imposing a sentence |
15 | greater than the minimum sentence mandated in this subsection. |
16 | In no case shall the sentence exceed the maximum sentence |
17 | prescribed by law. |
18 | Section 2. This act shall take effect in 60 days. |
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