Amending Underage Drinking Statute to Protect Good Samaritans

Fighting For Important Causes In State And Federal Courts

Common sense proposed legislative amendment to underage drinking statutes to prevent the police from prosecuting “good Samaritan” who report scary underage drinking symptoms.

1. PLS REPORT from meetings on 3-17 House Judiciary Committee HB 871 O’Neill – (PN 984) Amends Title 18 (Crime & Offenses) adding language providing a person shall be immune from prosecution for consumption of liquor or malt or brewed beverages if he can establish the following: the sole means for law enforcement officers to became aware of the person’s violation is because the person placed a 911 call and reported that another person was in need of medical assistance due to alcohol consumption; the person was the first person to make a 911 call and report that a person needed medical assistance due to alcohol consumption; the person provided his own name to the 911 operator; and the person remained with the person needing medical assistance until emergency health care providers arrived and the need for his presence had ended. – The bill was unanimously reported as committed. Despite concern from a number of members about language referring to the “sole” caller being too narrow, the bill was reported out of the committee, with an assurance from Chairman Tom Caltagirone (D-Berks) that amendments will be drafted to the bill for consideration on the floor. HB 727 Youngblood – (PN 813) Amends Title 18 (Crimes and Offenses) further providing for trademark counterfeiting by making a series of technical and substantive changes to the following provisions: presumption, penalties, forfeiture and restitution.