PRINTER'S NO. 3343
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
218
Session of
2022
INTRODUCED BY RABB, KINKEAD, HOHENSTEIN, McNEILL, KRAJEWSKI,
SIMS AND INNAMORATO, JUNE 30, 2022
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 30, 2022
A RESOLUTION
Directing the Pennsylvania Commission on Crime and Delinquency
to conduct a study and issue a report on how drug delivery
resulting in death (DDRD) convictions affect individuals and
their communities.
WHEREAS, The use of drug delivery resulting in death (DDRD)
charges has increased dramatically throughout this Commonwealth;
and
WHEREAS, Between 2015 and 2019, the filing of DDRD charges
increased by 356% Statewide; and
WHEREAS, York County led the State by filing DDRD charges 100
times during a five-year period, representing 11.48% of the
Statewide total, followed closely by Lancaster County,
representing 11.37% of the Statewide total; and
WHEREAS, Bonnie Hoffman, the Director of Public Defense
Reform and Training at the National Association of Criminal
Defense Lawyers, noted that drug use disorders and
criminalization are a health issue that has been pushed into the
criminal justice system; and
WHEREAS, According to Ms. Hoffman, in approximately half the
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cases, DDRD charges are used against an individual who shared
the drug with a friend or loved one; and
WHEREAS, DDRD charges disproportionately affect nonwhite
individuals, especially Black men, with charges filed at a
higher level if the victim is white and the dealer is nonwhite;
and
WHEREAS, In general, nonwhite defendants were found to have
increased sentence lengths of approximately 2.1 years longer
than white defendants, with the median sentence for nonwhite
defendants being eight years compared to five years for white
defendants; and
WHEREAS, The effect of DDRD charges must be thoroughly
studied to identify any racial disparities affecting those
prosecuted, their families and their communities; therefore be
it
RESOLVED, That the House of Representatives direct the
Pennsylvania Commission on Crime and Delinquency to conduct a
study and issue a report on how drug delivery resulting in death
(DDRD) convictions affect individuals and their communities; and
be it further
RESOLVED, That the House of Representatives recognize drug
use disorders as a public health crisis and understand the
importance of ending overdose deaths and holding those involved
accountable; and be it further
RESOLVED, That the House of Representatives acknowledge that
racial bias regarding drug convictions disproportionately
affects nonwhite members of our community; and be it further
RESOLVED, That the study by the Pennsylvania Commission on
Crime and Delinquency include recommendations to ensure that
DDRD convictions are being used equitably and with an eye toward
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commercial drug dealers, rather than family, friends or intimate
partners, who share drugs with an overdose victim; and be it
further
RESOLVED, That the Pennsylvania Commission on Crime and
Delinquency transmit the report on the study to the General
Assembly within one year of the adoption of this resolution.
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