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House of Representatives
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted:	January 26, 2022 12:17 PM
From:	Representative Christopher M. Rabb and Rep. Emily Kinkead
To:	All House members
Subject:	Improving the Drug Delivery Resulting in Death statute

Pennsylvania uses drug delivery resulting in death (DDRD) charges against individuals who have sold or shared a drug used during a fatal overdose more than any other state, with seven of the top ten counties using the charge most often in our state.     Originally used to apprehend commercial drug dealers, our DDRD laws do not help lower the amount of overdoses or deaths but villainize everyday Pennsylvanians who are struggling with drug use disorders.   This legislation aims to address these issues in two ways:   The first bill would prevent the unnecessary arrest of non-drug dealing individuals by amending our DDRD laws so that they only apply to commercial drug dealers who are out to make a profit.  Instead of criminalizing the sharing or use of drugs between friends, family members, and intimate partners where an individual has a fatal overdose, the law would focus on stopping the surge of commercially sold illegal drugs around our state.   The second bill would require the Pennsylvania Commission on Sentencing to conduct a study regarding the state’s DDRD statute affects individuals and their communities. In addition, the study would include recommendations to ensure that DDRD convictions are being used equitably and with an eye towards commercial drug dealers.     As state legislators, we can no longer ignore the fact that drug use and its criminalization are health issues that have been unfairly interjected into the criminal justice system.    To protect those who need our support the most, please join us in co-sponsoring this important legislation.

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Document #1

Description:

The first bill would prevent the unnecessary arrest of non-drug dealing individuals by amending our DDRD laws so that they only apply to commercial drug dealers who are out to make a profit.  Instead of criminalizing the sharing or use of drugs between friends, family members, and intimate partners where an individual has a fatal overdose, the law would focus on stopping the surge of commercially sold illegal drugs around our state.

Document #2

Description:	The second bill would require the Pennsylvania Commission on Sentencing to conduct a study regarding the state’s DDRD statute affects individuals and their communities. In addition, the study would include recommendations to ensure that DDRD convictions are being used equitably and with an eye towards commercial drug dealers.

Memo Updated: January 26, 2022 12:18 PM