In the near future, I intend to introduce legislation to add the offense of Homicide by Vehicle to Pennsylvania’s direct file statute to ensure that juveniles charged with this serious offense are prosecuted as adults. 
 
Under current law, juveniles who commit certain felony offenses, including rape and robbery, are charged directly in adult court without the need for a transfer hearing in juvenile court.  These “direct file” provisions reflect a policy judgment that some crimes, by virtue of the severity of harm to victims and the public, demand adult-court prosecution from the outset. 
 
The need for this legislation is underscored by the heartbreaking case of Kathleen McFadden of Montoursville.[1]  On July 6, 2024, Mrs. McFadden was a passenger in a vehicle driven by her husband when a 17-year-old driver attempted to pass a vehicle on a two-lane highway, crossed into the oncoming lane, and collided head-on with the McFaddens’ car.  According to the police report, the juvenile was traveling approximately 28 mph over of the posted speed limit just seconds before impact. The juvenile admitted during police questioning that he saw the McFadden's vehicle when he crossed into the oncoming lane. Tragically, Mrs. McFadden was killed instantly, and her husband sustained severe injuries. 
 
Lycoming County District Attorney Thomas Marino cited the “grossly negligent actions” of the juvenile driver when he charged him initially in adult court.  However, because Pennsylvania law does not categorize Homicide by Vehicle as a direct-file offense, the case was transferred to juvenile court. 
 
When a juvenile’s reckless or grossly negligent driving causes the death of another person, the case should proceed in adult court from the outset to ensure that appropriate criminal penalties apply.  Homicide by Vehicle involves the ultimate harm – the loss of human life – and should be treated with the same gravity as other homicide offenses that already warrant direct-file prosecution.  While the juvenile justice system rightly emphasizes rehabilitation, there are cases in which a juvenile’s actions reflect profound recklessness and a complete disregard for the value of human life.  In such instances, it is both reasonable and necessary to begin in adult court, consistent with how Pennsylvania law addresses other forms of homicide. 
 
I invite you to join me in cosponsoring this legislation, which will be referred to as the “Kathleen McFadden Act,” to ensure that Pennsylvania law properly reflects the seriousness of vehicular homicide and delivers justice for victims and their families.