PRINTER'S NO. 531
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
505
Session of
2017
INTRODUCED BY BOYLE, MURT, GALLOWAY, DRISCOLL, FRANKEL,
YOUNGBLOOD, KINSEY, SCHLOSSBERG, ROZZI, V. BROWN, STURLA,
DEAN, BRIGGS, FREEMAN, DAVIDSON, CALTAGIRONE, O'BRIEN,
McNEILL, NEILSON, READSHAW, SOLOMON, BULLOCK, DONATUCCI,
SIMS, DAVIS, SAMUELSON, TAYLOR, DeLISSIO, SCHWEYER, D. COSTA,
KIM, DALEY, RAVENSTAHL, WARREN, McCARTER, McCLINTON,
BRADFORD, CARROLL, THOMAS, ROEBUCK, W. KELLER, DAWKINS AND
FITZGERALD, FEBRUARY 15, 2017
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 15, 2017
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in assault, further providing for the offense of
ethnic intimidation; and making an editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2710(a) and (c) of Title 18 of the
Pennsylvania Consolidated Statutes, amended by the act of
December 3, 2002 (P.L.1176, No.143), declared unconstitutional,
936 A.2d 188 (Pa. Commonwealth 2007), affirmed, No.112 MAP 2007
(Pa. 2008), are amended to read:
§ 2710. [Ethnic] Unlawful intimidation.
(a) Offense defined.--A person commits the offense of
[ethnic] unlawful intimidation if, with malicious intention
toward the actual or perceived race, color, religion [or],
national origin, ancestry, mental or physical disability, sexual
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orientation, gender or gender identity 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 such group or to their
property.
* * *
(c) Definition.--As used in this section "malicious
intention" means 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 actual or
perceived race, color, religion [or], national origin, ancestry,
mental or physical disability, sexual orientation, gender or
gender identity of another individual or group of individuals.
Section 2. Section 8309(a) of Title 42 is amended to read:
§ 8309. Civil rights violations.
(a) Redress for personal injury.--A person who incurs injury
to his person or damage or loss to his property as a result of
conduct described in 18 Pa.C.S. § 2710 (relating to [ethnic]
unlawful intimidation) or 3307 (relating to institutional
vandalism) shall have a right of action against the actor for
injunction, damages or other appropriate civil or equitable
relief. In the action, the issue of whether the defendant
engaged in the conduct alleged shall be determined according to
the burden of proof used in other civil actions for similar
relief. The plaintiff may seek recovery for any of the
following:
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(1) General and special damages, including damages for
emotional distress. Damages under this paragraph shall be
actual damages or $500, whichever is greater.
(2) Punitive damages.
(3) Reasonable attorney fees and costs.
(4) Injunctive and other equitable relief.
(5) Such other relief which the court deems necessary
and proper.
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Section 3. This act shall take effect in 60 days.
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