SENATE AMENDED
PRIOR PRINTER'S NOS. 2173, 2830, 2913, PRINTER'S NO. 3386
3277
No. 1806 Session of 1981
INTRODUCED BY SALVATORE, PIEVSKY, WOGAN, WESTON, PERZEL,
GREENFIELD, McCLATCHY, HAGARTY, BOWSER, J. L. WRIGHT,
MICOZZIE, HASAY, POTT, BELFANTI, WAMBACH, STUBAN, HOEFFEL,
FARGO, SAURMAN, JACKSON, NAHILL, E. H. SMITH, EVANS, PRATT,
VROON, MERRY, E. Z. TAYLOR, DAVIES, WOZNIAK, BROWN, FISCHER,
TRELLO, MORRIS, McCALL, RYBAK, COHEN, PETRONE, ARTY,
PETRARCA, JOHNSON, WILLIAMS, ITKIN, CIVERA, CALTAGIRONE,
BORSKI AND CORNELL, SEPTEMBER 21,1981
SENATOR GEKAS, JUDICIARY, IN SENATE, RE-REPORTED AS AMENDED,
JUNE 2, 1982
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, prohibiting institutional vandalism; <--
3 ethnic intimidation; ETHNIC INTIMIDATION and providing for <--
4 certain related private rights of action.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 18, act of November 25, 1970 (P.L.707,
8 No.230), known as the Pennsylvania Consolidated Statutes, is
9 amended by adding sections A SECTION SECTIONS to read: <--
10 § 2710. Ethnic intimidation. <--
11 (a) Offense defined.--A person commits the offense of ethnic
12 intimidation if, by reason of the race, color, religion or
13 national origin of another individual or group of individuals,
14 he commits an offense under any other provision of this article
1 or under Chapter 33 (relating to arson, criminal mischief and
2 other property destruction) or under section 3503 (relating to
3 criminal trespass) with respect to such individual or one or
4 more members of such group or to their property.
5 (b) Grading.--An offense under this section shall be
6 classified as a misdemeanor of the third degree if the other
7 offense is classified as a summary offense. Otherwise, an
8 offense under this section shall be classified one degree higher
9 in the classification specified in section 106 (relating to
10 classes of offenses) than the classification of the other
11 offense.
12 § 2710. ETHNIC INTIMIDATION. <--
13 (A) OFFENSE DEFINED.--A PERSON COMMITS THE OFFENSE OF ETHNIC
14 INTIMIDATION IF, WITH MALICIOUS INTENTION TOWARD THE RACE,
15 COLOR, RELIGION OR NATIONAL ORIGIN OF ANOTHER INDIVIDUAL OR
16 GROUP OF INDIVIDUALS, HE COMMITS AN OFFENSE UNDER ANY OTHER
17 PROVISION OF THIS ARTICLE OR UNDER CHAPTER 33 (RELATING TO
18 ARSON, CRIMINAL MISCHIEF AND OTHER PROPERTY DESTRUCTION)
19 EXCLUSIVE OF SECTION 3307 (RELATING TO INSTITUTIONAL VANDALISM)
20 OR UNDER SECTION 3503 (RELATING TO CRIMINAL TRESPASS) OR UNDER
21 SECTION 5504 (RELATING TO HARASSMENT BY COMMUNICATION OR
22 ADDRESS) WITH RESPECT TO SUCH INDIVIDUAL OR HIS OR HER PROPERTY
23 OR WITH RESPECT TO ONE OR MORE MEMBERS OF SUCH GROUP OR TO THEIR
24 PROPERTY.
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
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1 OFFENSE.
2 (C) DEFINITION.--AS USED IN THIS SECTION "MALICIOUS
3 INTENTION" MEANS THE INTENTION TO COMMIT ANY ACT, THE COMMISSION
4 OF WHICH IS A NECESSARY ELEMENT OF ANY OFFENSE REFERRED TO IN
5 SUBSECTION (A) MOTIVATED BY HATRED TOWARD THE RACE, COLOR,
6 RELIGION OR NATIONAL ORIGIN OF ANOTHER INDIVIDUAL OR GROUP OF
7 INDIVIDUALS.
8 § 3307. Institutional vandalism.
9 (a) Offenses defined.--A person commits the offense of
10 institutional vandalism if he knowingly desecrates, as defined
11 in section 5509 (relating to desecration of venerated objects),
12 vandalizes, defaces or otherwise damages:
13 (1) any church, synagogue or other facility or place
14 used for religious worship or other religious purposes;
15 (2) any cemetery, mortuary or other facility used for
16 the purpose of burial or memorializing the dead;
17 (3) any school, educational facility or community
18 center;
19 (4) the grounds adjacent to and owned or occupied by any
20 school, center or other facility specified FACILITY SET FORTH <--
21 in paragraph (1), (2) or (3); or
22 (5) any personal property located in any school, center <--
23 or other facility specified FACILITY SET FORTH in paragraph <--
24 (1), (2) or (3).
25 (b) Grading.--An offense under this section is a felony of
26 the third degree if the actor causes pecuniary loss in excess of
27 $5,000. Pecuniary loss includes the cost of repair or
28 replacement of the property affected. Otherwise, institutional
29 vandalism is a misdemeanor of the second degree.
30 Section 2. (a) Any person who incurs injury to his person <--
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1 or INJURY TO HIS PERSON OR damage or loss to his property as a <--
2 result of conduct described in 18 Pa.C.S. § 2710 (relating to <--
3 ethnic intimidation) or 18 PA.C.S. § 2710 (RELATING TO ETHNIC <--
4 INTIMIDATION) OR 18 Pa.C.S. § 3307 (relating to institutional
5 vandalism) shall have a right of action against the actor for
6 injunction, damages or other appropriate civil or equitable
7 relief. In any such action the issue of whether the defendant
8 engaged in the conduct alleged shall be determined according to
9 the burden of proof used in other civil actions for similar
10 relief.
11 (b) The plaintiff in an action under this section may
12 recover:
13 (1) General and special damages, including damages for
14 emotional distress.
15 (2) Punitive damages.
16 (3) Reasonable attorneys fees and costs.
17 Section 3. This act shall take effect immediately.
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