H1024B1021A01580 NES:AAS 06/28/23 #90 A01580
AMENDMENTS TO HOUSE BILL NO. 1024
Sponsor: REPRESENTATIVE KINKEAD
Printer's No. 1021
Amend Bill, page 1, line 4, by inserting after
"intimidation;"
in particular rights and immunities, further providing for
civil rights violations; and,
Amend Bill, page 1, lines 6 and 7, by striking out "; and
making an editorial change"
Amend Bill, page 1, lines 16 through 18; page 2, lines 1
through 28; by striking out all of said lines on said pages and
inserting
§ 2710. [Ethnic] Hate-based intimidation.
(a) Offense defined.--A person commits the offense of
[ethnic] hate-based intimidation if, with malicious intention
toward the race, color, religion [or], national origin,
ethnicity, ancestry, sex, gender, gender identity, gender
expression, sexual orientation or disability of another
individual [or], group of individuals[, he commits an offense
under any other provision of this article or] or a person with
whom the individual or group is associated, the person commits a
personal injury crime as defined in section 103 of the act of
November 24, 1998 (P.L.882, No.111), known as the Crime Victims
Act, an offense under Chapter 33 (relating to arson, criminal
mischief and other property destruction) [exclusive of section
3307 (relating to institutional vandalism)] or an offense under
section 3503 (relating to criminal trespass) with respect to
such individual or his or her property or with respect to one or
more members of such group or to their property.
* * *
Amend Bill, page 3, line 6, by striking out the bracket
before "(c)"
Amend Bill, page 3, line 10, by inserting a bracket before
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"or" where it occurs the first time
Amend Bill, page 3, line 10, by inserting after "or" where it
occurs the first time
],
Amend Bill, page 3, line 10, by inserting after "origin"
, ethnicity, ancestry, sex, gender, gender identity, gender
expression, sexual orientation or disability
Amend Bill, page 3, line 11, by striking out the bracket
after "individuals."
Amend Bill, page 3, line 12, by striking out "introductory
paragraph"
Amend Bill, page 3, line 13, by inserting after "amended"
and the section is amended by adding a subsection
Amend Bill, page 3, lines 14 through 26, by striking out all
of said lines and inserting
§ 8309. Civil rights violations.
(a) Redress for personal injury.--[A person] An individual
who incurs injury to his or her person or damage or loss to his
or her property has been placed in reasonable fear of bodily
injury or suffered an intentional infliction of emotional
distress as a result of conduct described in 18 Pa.C.S. § 2710
(relating to [ethnic] hate-based intimidation) or 3307 (relating
to institutional vandalism) shall have a right of action
[against the actor for] in a court of common pleas for a
preliminary or permanent injunction, damages or other
appropriate civil or equitable relief[.] against the actor, a
person who has solicited the actor to engage in the conduct and
a person who has knowingly attempted to provide or provided aid
to the actor with the intent that the actor engage in the
conduct. In the action, the issue of whether the defendant
engaged in the conduct alleged shall be determined according to
the burden of proof used in other civil actions for similar
relief. The plaintiff may seek recovery for any of the
following:
(1) General and special damages, including damages for
emotional distress. Damages under this paragraph shall be
actual damages or $500, whichever is greater.
(2) Punitive damages.
(3) Reasonable attorney fees and costs.
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(4) Injunctive and other equitable relief.
(5) Such other relief which the court deems necessary
and proper.
* * *
(g) Construction.--Nothing in this section may be construed
to prohibit, limit or punish religiously motivated speech or
conduct that is otherwise protected by the Constitution of the
United States, the Constitution of Pennsylvania or the act of
December 9, 2002 (P.L.1701, No.214), known as the Religious
Freedom Protection Act.
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