PRINTER'S NO. 832
No. 748 Session of 2001
INTRODUCED BY FRANKEL, BISHOP, L. I. COHEN, COSTA, CURRY, CRUZ, FREEMAN, GEORGE, GRUCELA, HORSEY, JOSEPHS, KIRKLAND, LEDERER, MANDERINO, MANN, MICHLOVIC, PRESTON, ROBERTS, ROBINSON, ROEBUCK, ROONEY, SANTONI, SOLOBAY, STURLA, TANGRETTI, TIGUE, TRELLO, WALKO, J. WILLIAMS, WOJNAROSKI AND YUDICHAK, FEBRUARY 14, 2001
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 14, 2001
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, further providing for ethnic 3 intimidation. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Section 2710 of Title 18 of the Pennsylvania 7 Consolidated Statutes is amended to read: 8 § 2710. Ethnic intimidation and other bias-related 9 intimidation. 10 (a) Offense defined.--A person commits the offense of ethnic 11 intimidation and other bias-related intimidation under this 12 section if [, with] malicious intention toward the actual or 13 perceived race, color, religion, [or] national origin, mental or 14 physical disability, ancestry, gender or sexual orientation of 15 another individual or group of individuals[, he commits an 16 offense under any other provision of this article or under
1 Chapter 33 (relating to arson, criminal mischief and other 2 property destruction) exclusive of section 3307 (relating to 3 institutional vandalism) or under section 3503 (relating to 4 criminal trespass) or under section 5504 (relating to harassment 5 by communication or address) with respect to such individual or 6 his or her property or with respect to one or more members of 7 such group or to their property.] is a contributing factor in 8 the commission of an offense under any of the following: 9 (1) Article B (relating to offenses involving danger to 10 the person). 11 (2) Chapter 33 (relating to arson, criminal mischief and 12 other property destruction) exclusive of an offense under 13 section 3307 (relating to institutional vandalism). 14 (3) Section 3502 (relating to burglary). 15 (4) Section 3503 (relating to criminal trespass). 16 (5) Chapter 39 (relating to theft and related offenses). 17 (6) Section 4952 (relating to intimidation of witnesses 18 or victims). 19 (7) Chapter 55 (relating to riot, disorderly conduct and 20 related offenses) with respect to an individual or his or her 21 property or with respect to one or more members of a group or 22 to their property or with respect to any individual because 23 of any involvement, connection or association with an 24 individual or groups of individuals. 25 (b) Grading.--An offense under this section shall be 26 classified as a misdemeanor of the third degree if the other 27 offense is classified as a summary offense. Otherwise, an 28 offense under this section shall be classified one degree higher 29 in the classification specified in section 106 (relating to 30 classes of offenses) than the classification of the other 20010H0748B0832 - 2 -
1 offense. 2 (c) [Definition.--As used in this section "malicious 3 intention" means the intention] Definitions.--As used in this 4 section, the following words and phrases shall have the meanings 5 given to them in this subsection: 6 "Malicious intention." Intention to commit any act, the 7 commission of which is a necessary element of any offense 8 referred to in subsection (a) motivated, at least in part, by 9 hatred toward the actual or perceived race, color, religion 10 [or], national origin, mental or physical disability, ancestry, 11 gender or sexual orientation of another individual or group of 12 individuals. 13 "Sexual orientation." Heterosexuality, homosexuality or 14 bisexuality. 15 Section 2. This act shall take effect in 60 days. A18L18RLE/20010H0748B0832 - 3 -