Regular Session 2023-2024 Senate Bill 0998 P.N. 1516

PRIOR PRINTER'S NO. 1260

PRINTER'S NO. 1516

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

998

Session of

2023

INTRODUCED BY FARRY, LANGERHOLC, ROBINSON, DILLON, PHILLIPS-

HILL, MARTIN, CULVER, DUSH, VOGEL AND COSTA, DECEMBER 8, 2023

SENATOR LANGERHOLC, TRANSPORTATION, AS AMENDED, APRIL 9, 2024

AN ACT

Amending Titles 42 (Judiciary and Judicial Procedure) and TITLE

75 (Vehicles) of the Pennsylvania Consolidated Statutes, in

forfeiture of assets, further providing for asset forfeiture;

in rules of the road in general, further providing for racing

on highways; imposing penalties; and making editorial

changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 5803(a) of Title 42 of the Pennsylvania

Consolidated Statutes is amended by adding a paragraph to read:

§ 5803. Asset forfeiture.

(a) Applicability.--Notwithstanding any law to the contrary,

this section shall apply to forfeitures conducted under the

following:

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(12.1) 75 Pa.C.S. § 3367 (relating to racing on highways

and trafficways).

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Section 2. Sections 1532(b)(1), 1542(b)(2), 1553(d)(11),

3367 and 6503(a) of Title 75 are amended to read:

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SECTION 1. SECTIONS 1532(B)(1), 1542(B)(2), 1553(D)(11),

3367 AND 6503(A) OF TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED

STATUTES ARE AMENDED TO READ:

§ 1532. Suspension of operating privilege.

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(b) Suspension.--

(1) The department shall suspend the operating privilege

of any driver for six months upon receiving a certified

record of the driver's conviction of or an adjudication of

delinquency based on any offense under the following

provisions:

Section 3367 (relating to racing on highways and

trafficways).

Section 3714(b) (relating to careless driving).

Section 3734 (relating to driving without lights to

avoid identification or arrest).

Section 3736 (relating to reckless driving).

Section 3743 (relating to accidents involving damage

to attended vehicle or property).

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§ 1542. Revocation of habitual offender's license.

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(b) Offenses enumerated.--Three convictions arising from

separate acts of any one or more of the following offenses

committed by any person shall result in such person being

designated as a habitual offender:

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(2) Any violation of section 3367 (relating to racing on

highways and trafficways).

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§ 1553. Occupational limited license.

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(d) Unauthorized issuance.--The department shall prohibit

issuance of an occupational limited license to:

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(11) Any person whose operating privilege has been

suspended or revoked as the result of a conviction of or as a

result of a court order in conjunction with an adjudication

of delinquency or the granting of a consent decree for any

offense under the following provisions, unless the suspension

or revocation has been fully served:

Section 3345(a) (relating to meeting or overtaking

school bus).

Section 3367 (relating to racing on highways and

trafficways).

Any violation of Ch. 37 Subch. B (relating to serious

traffic offenses) or C (relating to accidents and

accident reports).

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§ 3367. Racing on highways and trafficways.

(a) Definitions.--As used in this section the following

words and phrases shall have the meanings given to them in this

subsection:

"Drag race." The operation of two or more vehicles from a

point side by side at accelerating speeds in a competitive

attempt to outdistance each other, or the operation of one or

more vehicles over a common selected course, from the same point

to the same point, for the purpose of comparing the relative

speeds or power of acceleration of the vehicle or vehicles

within a certain distance or time limit.

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"Drifting." The intentional act of steering a vehicle in a

circle where TURN IN AN ATTEMPT TO MAKE the rear wheel or wheels

of the vehicle lose traction and create a controlled skid

sideways.

"Race." The use of one or more vehicles in an attempt to

outgain, outdistance or prevent another vehicle from passing, to

arrive at a given destination ahead of another vehicle or

vehicles, or to test the physical stamina or endurance of

drivers over long distance driving routes.

(b) General rule.--No person shall drive a vehicle on a

highway or trafficway in any race, speed competition or contest,

drag race or acceleration contest, test of physical endurance,

exhibition of speed or acceleration, or for the purpose of

making a speed record, and no person shall in any manner

participate in any such race, competition, contest, test or

exhibition.

(b.1) Drifting.--No person shall engage in the drifting of a

vehicle on a highway or trafficway.

authorities within their jurisdiction may issue permits for

special activities which would otherwise be prohibited by this

section.

(d) [Penalty.--Any person violating this section is guilty

of a summary offense and shall, upon conviction, be sentenced to

pay a fine of $200.] Penalties.--

(1) A person violating subsection (b) commits a summary

offense and shall, upon conviction for a first offense, be

sentenced to pay a fine of $500.

(2) A person violating subsection (b) commits a summary

offense and shall, upon conviction for a second or subsequent

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offense, be sentenced to pay a fine of $2,000 and the vehicle

OR COMBINATION used in the commission of the offense shall be

subject to forfeiture under 42 Pa.C.S. Ch. 58 (relating to

forfeiture of assets). AN IMPOUNDMENT ORDER FOR UP TO SIX

MONTHS AS FOLLOWS:

(I) THE IMPOUNDMENT OF THE VEHICLE OR COMBINATION

SHALL OCCUR WITHIN THE MUNICIPALITY WHERE THE OFFENSE WAS

COMMITTED.

(II) DIRECT ENFORCEMENT OF THE IMPOUNDMENT ORDER

SHALL BE CONDUCTED BY A POLICE OFFICER, CONSTABLE OR

IMPOUNDMENT OFFICIAL AS DIRECTED BY THE JUDICIAL

AUTHORITY. IN A CITY OF THE FIRST CLASS, SECOND CLASS,

SECOND CLASS A AND THIRD CLASS, THE IMPOUNDMENT OFFICIAL

SHALL BE A PARKING AUTHORITY OF THE MUNICIPALITY AS

AUTHORIZED UNDER SECTION 6109 (RELATING TO SPECIFIC

POWERS OF DEPARTMENT AND LOCAL AUTHORITIES) AND 53

PA.C.S. CH. 55 (RELATING TO PARKING AUTHORITIES).

(III) THE COSTS OF A POLICE OFFICER, CONSTABLE OR

IMPOUNDMENT OFFICIAL, REASONABLE STORAGE COSTS AND ALL

OTHER REASONABLE COSTS INCIDENT TO THE IMPOUNDMENT ORDER

SHALL BE RECOVERABLE IN ADDITION TO COSTS OF PROSECUTION.

(IV) THE OWNER OF THE VEHICLE OR COMBINATION WHICH

HAS BEEN SUBJECT TO AN IMPOUNDMENT ORDER MAY OBTAIN

POSSESSION OF THE VEHICLE OR COMBINATION BY:

(A) FURNISHING PROOF OF VALID REGISTRATION AND

FINANCIAL RESPONSIBILITY.

(B) PAYING ALL COSTS AND REASONABLE FEES

ASSOCIATED WITH THE IMPOUNDMENT ORDER OR MAKING

ARRANGEMENTS WITH THE APPROPRIATE JUDICIAL AUTHORITY

TO MAKE PAYMENTS OF ALL COSTS AND REASONABLE FEES BY

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INSTALLMENTS AS PROVIDED BY THE PENNSYLVANIA RULES OF

CRIMINAL PROCEDURE.

(V) ANY IMPOUNDED VEHICLE OR COMBINATION NOT

RECOVERED UNDER THIS SUBSECTION MAY BE SOLD AS AN

UNCLAIMED VEHICLE UNDER SECTION 6310 (RELATING TO

DISPOSITION OF IMPOUNDED VEHICLES, COMBINATIONS AND

LOADS).

(3) A person violating subsection (b.1) commits a

summary offense and shall, upon conviction, be sentenced to

pay a fine of $250.

(4) A person that organizes, controls, promotes or

finances two or more persons in a course of conduct that

violates subsection (b) or (b.1) commits a summary offense

and shall, upon conviction, be sentenced to pay a fine of

$1,000 per vehicle engaged in the conduct that violates

subsection (b) or (b.1).

(5) A person that organizes, controls, promotes or

finances two or more persons in a course of conduct that

violates subsection (b) or (b.1) that results in the injury

or death of an individual commits a felony of the third

degree and shall, upon conviction, be sentenced to a term of

imprisonment of not less than one year nor more than seven

years .

§ 6503. Subsequent convictions of certain offenses.

(a) General offenses.--Every person convicted of a second or

subsequent violation of any of the following provisions shall be

sentenced to pay a fine of not less than $200 nor more than

$1,000 or to imprisonment for not more than six months, or both:

Section 1543(a) (relating to driving while operating

privilege is suspended or revoked) except as set forth in

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subsection (a.1).

Section 3367 (relating to racing on highways and

trafficways).

Section 3734 (relating to driving without lights to avoid

identification or arrest).

Section 3748 (relating to false reports).

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Section 3 2. This act shall take effect in 60 days.

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