Session: 2023-2024
ACLU-PA Position: Opposes
SB 998 (PN 1758) would create new offenses prohibiting racing on highways or trafficways and "drifting", defined as steering a vehicle in a turn in an attempt to make the rear wheels lose traction and skid sideways.
SB 998 would charge anyone who engages in racing on highways or drifting with:
- For a first offense, a summary offense with a $500 fine and a six-month license suspension.
- For a second or subsequent offense, a summary offense with a maximum $2,000 fine, up to six months imprisonment, or both, and the vehicle used in the offense is subject to an impoundment order for up to six months.
SB 998 would charge anyone who "knowingly organizes, controls, or finances two or more persons" to violate the prohibition on street racing or drifting with:
- A summary offense with a fine of $1,000 per vehicle engaged in the violation.
- A third-degree felony if the street racing / drifting results in the serious bodily injury or death of an individual.
The offenses created under SB 998 are duplicative and could already be charged under current law. The bill's summary offenses could be charged under reckless driving (75 § 3736) and the third-degree felony offense could be charged under either aggravated assault by vehicle (75 § 3732.1) or homicide by vehicle (75 § 3732)—both of which are also third-degree felony offenses.
There are already enough laws on the books to penalize street racing and drifting. Creating new offenses won't deter this activity if current law isn't enforced or only selectively enforced.
Check the bill's status here.
