PRINTER'S NO. 1571

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1353 Session of 1991


        INTRODUCED BY JOSEPHS, MURPHY, STURLA, HARPER, DALEY,
           RICHARDSON, ROBINSON, ITKIN, DeWEESE, HECKLER, PISTELLA,
           ROEBUCK, COHEN, BISHOP, VEON, EVANS, NAHILL, JAMES, KUKOVICH,
           ACOSTA, CARN, PRESTON, RITTER, MICHLOVIC, WAMBACH AND TRICH,
           MAY 8, 1991

        REFERRED TO COMMITTEE ON JUDICIARY, MAY 8, 1991

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further defining the offense of ethnic
     3     intimidation to include sexual orientation; and changing the
     4     designation of the offense.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 2710 of Title 18 of the Pennsylvania
     8  Consolidated Statutes is amended to read:
     9  § 2710.  Ethnic intimidation and other bias-related offenses.
    10     (a)  Offense defined.--A person commits [the offense of
    11  ethnic intimidation] an offense under this section if, with
    12  malicious intention toward the actual or perceived race, color,
    13  religion [or], national origin or sexual orientation of another
    14  individual or group of individuals, he commits an offense under
    15  any other provision of this article or under Chapter 33
    16  (relating to arson, criminal mischief and other property
    17  destruction) exclusive of section 3307 (relating to


     1  institutional vandalism) or under section 3503 (relating to
     2  criminal trespass) or under section 5504 (relating to harassment
     3  by communication or address) with respect to such individual or
     4  his or her property or with respect to one or more members of
     5  such group or to their property.
     6     (b)  Grading.--An offense under this section shall be
     7  classified as a misdemeanor of the third degree if the other
     8  offense is classified as a summary offense. Otherwise, an
     9  offense under this section shall be classified one degree higher
    10  in the classification specified in section 106 (relating to
    11  classes of offenses) than the classification of the other
    12  offense.
    13     (c)  Definition.--As used in this section, ["malicious
    14  intention" means the] the following words and phrases shall have
    15  the meanings given to them in this subsection:
    16     "Malicious intention."  The intention to commit any act, the
    17  commission of which is a necessary element of any offense
    18  referred to in subsection (a) motivated by hatred toward the
    19  race, color, religion [or], national origin or sexual
    20  orientation of another individual or group of individuals.
    21     "Sexual orientation."  Heterosexuality, homosexuality or
    22  bisexuality.
    23     Section 2.  This act shall take effect in 60 days.





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