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PRINTER'S NO. 122
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
158
Session of
2017
INTRODUCED BY BURNS, MILLARD, MURT, PETRARCA, READSHAW, GREINER,
SIMMONS, D. COSTA, A. HARRIS, SAYLOR, WATSON, MARSHALL, WARD,
MOUL, GROVE, GILLEN AND FARRY, JANUARY 23, 2017
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 23, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in assault, further providing for the
offense of ethnic intimidation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2710 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 2710. Ethnic and employment intimidation.
(a) Offense defined.--A person commits the offense of ethnic
and employment intimidation if, with malicious intention toward
the race, color, religion [or], national origin or employment as
a law enforcement officer of another individual or group of
individuals, he commits an offense under any other provision of
this article or under Chapter 33 (relating to arson, criminal
mischief and other property destruction) exclusive of section
3307 (relating to institutional vandalism) or under section 3503
(relating to criminal trespass) with respect to such individual
or his or her property or with respect to one or more members of
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such group or to their property.
(b) Grading.--An offense under this section shall be
classified as a misdemeanor of the third degree if the other
offense is classified as a summary offense. Otherwise, an
offense under this section shall be classified one degree higher
in the classification specified in section 106 (relating to
classes of offenses) than the classification of the other
offense.
(c) [Definition.--As used in this section "malicious
intention" means the] Definitions.--As used in this section, the
following words and phrases shall have the meanings given to
them in this subsection unless the context clearly indicates
otherwise:
"Law enforcement officer." A person who by virtue of his
office or public employment is vested by law with a duty to
maintain public order or to make arrests for offenses, whether
that duty extends to all offenses or is limited to specific
offenses, or any person on active State duty under 51 Pa.C.S. §
508 (relating to active duty for emergency). The term includes a
corrections officer, a parole agent and a member of a park
police department in a county of the third class.
"Malicious intention." The intention to commit any act, the
commission of which is a necessary element of any offense
referred to in subsection (a) motivated by hatred toward the
race, color, religion [or], national origin or employment as a
law enforcement officer of another individual or group of
individuals.
Section 2. This act shall take effect in 60 days.
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