PRINTER'S NO. 406
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
410
Session of
2017
INTRODUCED BY RAFFERTY, BAKER, LANGERHOLC, YAW, BARTOLOTTA,
BREWSTER, SABATINA, McGARRIGLE, SCAVELLO, VULAKOVICH,
YUDICHAK, STREET, ALLOWAY, BLAKE, FOLMER, RESCHENTHALER,
WHITE, WARD, TOMLINSON, STEFANO AND BROWNE, FEBRUARY 27, 2017
REFERRED TO JUDICIARY, FEBRUARY 27, 2017
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, in assault, providing for the offense
of hate crimes against law enforcement officers and first
responders.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 2710.1. Hate crimes against law enforcement officers and
first responders.
(a) Offense defined.--A person commits the offense of a hate
crime against a law enforcement officer or a first responder if,
with malicious intent because of the actual or perceived
employment as a law enforcement officer or first responder, the
person commits an offense under any of the following with
respect to the individual, the individual's property, one or
more members of the group or the group's property:
(1) Any other provision of this article.
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(2) Chapter 33 (relating to arson, criminal mischief and
other property destruction), except for section 3307
(relating to institutional vandalism).
(3) Section 3503 (relating to criminal trespass).
(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. If the other offense
is not classified as a summary offense, an offense under this
section shall be classified one degree higher in the
classification specified under section 106 (relating to classes
of offenses) than the classification of the other offense.
(c) Sentencing enhancement.--The Pennsylvania Commission on
Sentencing, in accordance with 42 Pa.C.S. § 2154 (relating to
adoption of guidelines for sentencing), shall provide for a
sentencing enhancement for courts to consider in cases involving
hate crimes against law enforcement officers or first
responders.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"First responder." A firefighter or emergency medical
services personnel.
"Law enforcement officer." The term shall have the same
meaning as the term "peace officer" is given under section 501
(relating to definitions).
"Malicious intent." The intent to commit an act, the
commission of which is a necessary element of an offense
referred to under subsection (a), motivated by hatred toward the
actual or perceived employment as a law enforcement officer or
first responder.
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Section 2. This act shall take effect in 60 days.
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