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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY SHAPIRO, BOYLE, BRENNAN, BRIGGS, BROWN, BUXTON, |
| CARROLL, COHEN, D. COSTA, CRUZ, DePASQUALE, DONATUCCI, |
| FABRIZIO, FRANKEL, FREEMAN, GEORGE, MAHONEY, MANDERINO, MANN, |
| McGEEHAN, McILVAINE SMITH, MELIO, MUNDY, MURPHY, M. O'BRIEN, |
| O'NEILL, PARKER, PASHINSKI, PAYTON, ROEBUCK, ROSS, SANTONI, |
| SIPTROTH, STURLA, SWANGER, THOMAS, WALKO, WANSACZ AND |
| WHEATLEY, MARCH 5, 2009 |
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| REFERRED TO COMMITTEE ON JUDICIARY, MARCH 5, 2009 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, further providing for the offense of |
3 | ethnic intimidation. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 2710(a) and (c) of Title 18 of the |
7 | Pennsylvania Consolidated Statutes, amended by the act of |
8 | December 3, 2002 (P.L.1176, No.143), declared unconstitutional, |
9 | 936 A.2d 188 (Pa. Commonwealth 2007), affirmed, No.112 MAP 2007 |
10 | (Pa. 2008), are amended to read: |
11 | § 2710. Ethnic intimidation. |
12 | (a) Offense defined.--A person commits the offense of ethnic |
13 | intimidation if, with malicious intention toward the actual or |
14 | perceived race, color, religion [or], national origin, ancestry, |
15 | mental or physical disability, sexual orientation, gender or |
16 | gender identity of another individual or group of individuals, |
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1 | he commits an offense under any other provision of this article |
2 | or under Chapter 33 (relating to arson, criminal mischief and |
3 | other property destruction) exclusive of section 3307 (relating |
4 | to institutional vandalism) or under section 3503 (relating to |
5 | criminal trespass) with respect to such individual or his or her |
6 | property or with respect to one or more members of such group or |
7 | to their property. |
8 | * * * |
9 | (c) Definition.--As used in this section "malicious |
10 | intention" means the intention to commit any act, the commission |
11 | of which is a necessary element of any offense referred to in |
12 | subsection (a) motivated by hatred toward the actual or |
13 | perceived race, color, religion [or], national origin, ancestry, |
14 | mental or physical disability, sexual orientation, gender or |
15 | gender identity of another individual or group of individuals. |
16 | Section 2. This act shall take effect in 60 days. |
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