PRINTER'S NO. 3927
No. 2746 Session of 2000
INTRODUCED BY FRANKEL, BEBKO-JONES, BUXTON, L. I. COHEN,
M. COHEN, CURRY, DALEY, FREEMAN, GEORGE, GRUCELA, HARHAI,
JAMES, LEVDANSKY, MANDERINO, MANN, MUNDY, RAMOS, ROEBUCK,
SCRIMENTI, SHANER, SOLOBAY, STURLA AND WILLIAMS,
SEPTEMBER 26, 2000
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 26, 2000
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
17 Chapter 33 (relating to arson, criminal mischief and other
1 property destruction) exclusive of section 3307 (relating to
2 institutional vandalism) or under section 3503 (relating to
3 criminal trespass) or under section 5504 (relating to harassment
4 by communication or address) with respect to such individual or
5 his or her property or with respect to one or more members of
6 such group or to their property.] is a contributing factor in
7 the commission of an offense under any of the following:
8 (1) Article B (relating to offenses involving danger to
9 the person).
10 (2) Chapter 33 (relating to arson, criminal mischief and
11 other property destruction) exclusive of an offense under
12 section 3307 (relating to institutional vandalism).
13 (3) Section 3502 (relating to burglary).
14 (4) Section 3503 (relating to criminal trespass).
15 (5) Chapter 39 (relating to theft and related offenses).
16 (6) Section 4952 (relating to intimidation of witnesses
17 or victims).
18 (7) Chapter 55 (relating to riot, disorderly conduct and
19 related offenses) with respect to an individual or his or her
20 property or with respect to one or more members of a group or
21 to their property or with respect to any individual because
22 of any involvement, connection or association with an
23 individual or groups of individuals.
24 (b) Grading.--An offense under this section shall be
25 classified as a misdemeanor of the third degree if the other
26 offense is classified as a summary offense. Otherwise, an
27 offense under this section shall be classified one degree higher
28 in the classification specified in section 106 (relating to
29 classes of offenses) than the classification of the other
30 offense.
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1 (c) [Definition.--As used in this section "malicious
2 intention" means the intention] Definitions.--As used in this
3 section, the following words and phrases shall have the meanings
4 given to them in this subsection:
5 "Malicious intention." Intention to commit any act, the
6 commission of which is a necessary element of any offense
7 referred to in subsection (a) motivated, at least in part, by
8 hatred toward the actual or perceived race, color, religion
9 [or], national origin, mental or physical disability, ancestry,
10 gender or sexual orientation of another individual or group of
11 individuals.
12 "Sexual orientation." Heterosexuality, homosexuality or
13 bisexuality.
14 Section 2. This act shall take effect in 60 days.
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