Session: 2023-2024

ACLU-PA Position: Opposes

SB 998 (PN 1561) would create several ad hoc penalty increases that do not correspond with statutory maximums. It would also create a new third-degree felony offense under 75 § 3367 if someone is injured or killed while "drifting." This is not only a significant increase from the summary grading for violating § 3367, but the new felony charge under SB 998: 

  1. Fails to distinguish between the severity of the injury—offenses of this kind will typically grade actions that result in "bodily injury" lower than "serious bodily injury"; and
  2. Makes no distinction between actions that cause injury and those that result in death. 

In other words, SB 998 would charge the same third-degree felony for a drifting incident that resulted in bruises, cuts, or scrapes as it would for an incident that killed a person.

Check the bill's status here.


Senator Frank Farry



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