A01057
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1024
Session of
2023
INTRODUCED BY FRANKEL, N. NELSON, McNEILL, HANBIDGE,
PISCIOTTANO, PIELLI, BRIGGS, MADDEN, SANCHEZ, SCHLOSSBERG,
GUENST, HOHENSTEIN, DELLOSO, HILL-EVANS, HARKINS, FLEMING,
STURLA, KINKEAD, FREEMAN, O'MARA, OTTEN, CEPEDA-FREYTIZ,
BOROWSKI, D. WILLIAMS, CERRATO, KHAN, SIEGEL, MAYES, FLICK,
PROBST, ISAACSON, SCOTT, GIRAL, GALLAGHER, BENHAM, TAKAC,
T. DAVIS AND SMITH-WADE-EL, APRIL 25, 2023
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 25, 2023
AN ACT
Amending Titles 18 (Crimes and Offenses), and 42 (Judiciary and
Judicial Procedure) and 53 (Municipalities Generally) of the
Pennsylvania Consolidated Statutes, in assault, further
providing for ethnic intimidation; in employees, further
providing for definitions and providing for police officer
training on hate-based intimidation; and making an editorial
change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2710 heading, (a) and (c) of Title 18 of
the Pennsylvania Consolidated Statutes, amended by the act of
December 3, 2002 (P.L.1176, No.143), declared unconstitutional,
936 A.2d 188 (Pa. Commonwealth 2007), affirmed, 951 A.2d 345
(2008), are amended and the section is amended by adding a
subsection to read:
§ 2710. [Ethnic] Hate-based intimidation.
(a) Offense defined.--A person commits the offense of
[ethnic intimidation if, with malicious intention toward the
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race, color, religion or national origin of another individual
or group of individuals, he commits an offense under any other
provision of this article or under Chapter 33 (relating to
arson, criminal mischief and other property destruction)
exclusive of section 3307 (relating to institutional vandalism)
or 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.] hate-based intimidation if both of the following
occur:
(1) The person commits any of the following offenses:
(i) 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;
(ii) an offense under Chapter 33 (relating to arson,
criminal mischief and other property destruction),
exclusive of section 3307 (relating to institutional
vandalism); or
(iii) an offense under section 3503 (relating to
criminal trespass).
(2) The person intentionally selected the person against
whom the offense under paragraph (1) was committed or the
property that was damaged or otherwise affected, in whole or
in substantial part, because of the actual or perceived race,
color, religion, national origin, ethnicity, ancestry, sex,
gender, gender identity, gender expression, sexual
orientation or disability of an individual or group of
individuals.
(b.1) Construction.--Nothing in this section may be
construed to prohibit, limit or punish religiously motivated
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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.
* * *
[(c) Definition.--As used in this section "malicious
intention" means the intention to commit any act, the commission
of which is a necessary element of any offense referred to in
subsection (a) motivated by hatred toward the race, color,
religion or national origin of another individual or group of
individuals.]
§ 2710. [Ethnic] Class-based intimidation.
(a) Offense defined.--A person commits the offense of
[ethnic] class-based intimidation if, with malicious intention
toward the [race, color, religion or national origin] belief or
class affiliation of another individual or group of individuals,
he commits an offense resulting in death, bodily injury, bodily
danger or sexual assault under any other provision of this
article or under Chapter 33 (relating to arson, criminal
mischief and other property destruction) exclusive of section
3307 (relating to institutional vandalism) or 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.
* * *
(c) Definition.--As used in this section ["malicious
intention" means the], the following words and phrases shall
have the meanings given to them in this subsection:
"Class." An identifiable group of individuals who hold
certain beliefs or share other characteristics.
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"Malicious intention." The intention to commit any act, the
commission of which is a necessary element of any offense
referred to in subsection (a) motivated by hatred toward the
[race, color, religion or national origin] belief or class
affiliation of another individual or group of individuals.
Section 2. Section 8309(a) introductory paragraph of Title
42 is amended to read:
§ 8309. Civil rights violations.
(a) Redress for personal injury.--A person who incurs injury
to his person or damage or loss to his property as a result of
conduct described in 18 Pa.C.S. § 2710 (relating to [ethnic]
hate-based class-based intimidation) or 3307 (relating to
institutional vandalism) shall have a right of action against
the actor for injunction, damages or other appropriate civil or
equitable relief. 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:
* * *
Section 3. Section 2162 of Title 53 is amended by adding a
definition to read:
§ 2162. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Hate-based intimidation." An offense specified under 18
Pa.C.S. § 2710 (relating to hate-based intimidation).
* * *
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Section 4. Title 53 is amended by adding a section to read:
§ 2173. Police officer training on hate-based intimidation.
The commission and the Pennsylvania State Police shall, in
consultation with the Pennsylvania Human Relations Commission
and the Attorney General, develop and provide biennial training
on hate-based intimidation to police officers. The commission
and the Pennsylvania State Police may also consult with relevant
stakeholders in developing the training. The training shall
include, but not be limited to:
(1) Identification of hate-based intimidation.
(2) Methods to address hate-based intimidation.
(3) Reporting of hate-based intimidation.
(4) Hate-based intimidation recordkeeping.
Section 5 3. This act shall take effect in 60 days.
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