SENATE AMENDED
PRIOR PRINTER'S NOS. 1812, 2087 PRINTER'S NO. 2382
No. 1493 Session of 2001
INTRODUCED BY BUNT, DALEY, STERN, HERMAN, ARMSTRONG, BASTIAN,
BENNINGHOFF, CALTAGIRONE, CAPPABIANCA, CAPPELLI, CLARK,
CLYMER, L. I. COHEN, COY, CREIGHTON, FAIRCHILD, FEESE,
FICHTER, GEIST, GRUCELA, HARHAI, HARPER, HENNESSEY, HERSHEY,
HESS, HORSEY, JAMES, KIRKLAND, LAUGHLIN, MAITLAND,
McILHINNEY, S. MILLER, NAILOR, PHILLIPS, PRESTON, ROSS,
SATHER, SCHULER, SEMMEL, SHANER, SOLOBAY, E. Z. TAYLOR,
J. TAYLOR, TIGUE, WALKO, WATSON, WILT, YOUNGBLOOD AND ZUG,
MAY 2, 2001
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 21, 2001
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for agricultural <--
3 vandalism; and providing for the criminal offense of
4 agricultural crop or livestock destruction. ETHNIC <--
5 INTIMIDATION.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 3309(c) 2710 of Title 18 of the <--
9 Pennsylvania Consolidated Statutes is amended to read:
10 § 3309. Agricultural vandalism. <--
11 * * *
12 (c) Definition.--As used in this section, the terms
13 "agricultural activity" and "farming" [mean] include public and
14 private research activity, records, data and data-gathering
15 equipment related to agricultural products as well as the
1 commercial production of agricultural crops, livestock or
2 livestock products, poultry or poultry products, trees and
3 timber products, milk, eggs or dairy products, or fruits or
4 other horticultural products.
5 Section 2. Title 18 is amended by adding a section to read:
6 § 3310. Agricultural crop or livestock destruction.
7 (a) Offenses defined.--A person commits a felony of the
8 second degree if he intentionally and knowingly damages or adds
9 hazardous or residual waste to untested sewage sludge that
10 damages any field crop, vegetable or fruit plant or product,
11 tree or livestock that is grown, stored or raised for personal,
12 scientific or commercial purposes or for any testing or research
13 purpose in conjunction with a public or private research
14 facility or a university or any Federal, State or local
15 government agency.
16 (b) Scope.--The scope of this offense shall include the
17 damaging of any research records, data or data-gathering
18 equipment or device.
19 (c) Restitution; costs and fees.--Any person convicted under
20 subsection (a) or (b) may also be sentenced to make restitution
21 and be ordered to pay attorney fees and court costs.
22 § 2710. ETHNIC INTIMIDATION. <--
23 (A) OFFENSE DEFINED.--A PERSON COMMITS THE OFFENSE OF ETHNIC
24 INTIMIDATION IF, WITH MALICIOUS INTENTION TOWARD THE ACTUAL OR
25 PERCEIVED RACE, COLOR, RELIGION OR NATIONAL ORIGIN, ANCESTRY,
26 MENTAL OR PHYSICAL DISABILITY, SEXUAL ORIENTATION, GENDER OR
27 GENDER IDENTITY OF ANOTHER INDIVIDUAL OR GROUP OF INDIVIDUALS,
28 HE COMMITS AN OFFENSE UNDER ANY OTHER PROVISION OF THIS ARTICLE
29 OR UNDER CHAPTER 33 (RELATING TO ARSON, CRIMINAL MISCHIEF AND
30 OTHER PROPERTY DESTRUCTION) EXCLUSIVE OF SECTION 3307 (RELATING
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1 TO 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 INTENTION TO COMMIT ANY ACT, THE COMMISSION
15 OF WHICH IS A NECESSARY ELEMENT OF ANY OFFENSE REFERRED TO IN
16 SUBSECTION (A) MOTIVATED BY HATRED TOWARD THE ACTUAL OR
17 PERCEIVED RACE, COLOR, RELIGION OR NATIONAL ORIGIN, ANCESTRY,
18 MENTAL OR PHYSICAL DISABILITY, SEXUAL ORIENTATION, GENDER OR
19 GENDER IDENTITY OF ANOTHER INDIVIDUAL OR GROUP OF INDIVIDUALS.
20 Section 3 2. This act shall take effect immediately. <--
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