PRINTER'S NO. 1260
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
REFERRED TO TRANSPORTATION, DECEMBER 8, 2023
AN ACT
Amending Titles 42 (Judiciary and Judicial Procedure) and 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:
* * *
(12.1) 75 Pa.C.S. § 3367 (relating to racing on highways
and trafficways).
* * *
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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§ 1532. Suspension of operating privilege.
* * *
(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).
* * *
§ 1542. Revocation of habitual offender's license.
* * *
(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:
* * *
(2) Any violation of section 3367 (relating to racing on
highways and trafficways).
* * *
§ 1553. Occupational limited license.
* * *
(d) Unauthorized issuance.--The department shall prohibit
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issuance of an occupational limited license to:
* * *
(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).
* * *
§ 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.
"Drifting." The intentional act of steering a vehicle in a
circle where the rear wheel or wheels of the vehicle lose
traction and create a controlled skid sideways.
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"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.
(c) Permits for special activities.--The department or local
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
offense, be sentenced to pay a fine of $2,000 and the vehicle
used in the commission of the offense shall be subject to
forfeiture under 42 Pa.C.S. Ch. 58 (relating to forfeiture of
assets).
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(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
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. This act shall take effect in 60 days.
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