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04/24/2024 12:09 PM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=S&SPick=20150&cosponId=19953
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Senate of Pennsylvania
Session of 2015 - 2016 Regular Session

MEMORANDUM

Posted: March 31, 2016 09:05 AM
From: Senator Anthony H. Williams
To: All Senate members
Subject: Flying While Intoxicated Statutory Class Upgrade
 
In the near future, I will be introducing legislation to upgrade the statutory class for the offense of operating an aircraft while under the influence of drugs or alcohol from a misdemeanor of the second class to a felony.

On March 26, 2016, an American Airlines pilot was arrested after he was observed by Transportation Security Administration personnel to be visibly under the influence of alcohol while passing through the security gate en route to a flight from Detroit to Philadelphia. After assuming his position in the cockpit of the aircraft, airport police investigated and discovered a serious odor of liquor, as well as mouthwash, a clear and deliberate attempt to conceal his condition. As he was escorted off the airplane, he exhibited other signs of intoxication and given a breathalyzer test that confirmed the officers' suspicions. The pilot was charged with a misdemeanor under Michigan law.

I was shocked to learn that attempting to pilot a commercial airline, an act that carries enormous responsibility for the safety of hundreds of lives, while under the influence of alcohol is only a misdemeanor, both in Michigan and in Pennsylvania. Recklessly endangering so many innocent travelers should carry a much stiffer penalty in order to deter such behavior and protect the public.

My legislation would upgrade the current statutory class for operating, or attempting to operate, a commercial or private aircraft while under the influence of alcohol, controlled substance, or any combination thereof, from a misdemeanor of the second degree to an ungraded felony. This bill would also provide for enhanced penalties in cases where a pilot under the influence of drugs and/or alcohol causes serious bodily injury or death, which is also currently a misdemeanor of the second degree in Pennsylvania.

Please join me in sponsoring this legislation. Any questions or concerns may be directed to my legislative director, Kyle Miller, at 717-787-5970 or kmiller@pasenate.com.