PRINTER'S NO. 1024
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1027
Session of
2023
INTRODUCED BY FRANKEL, N. NELSON, McNEILL, HANBIDGE,
PISCIOTTANO, PIELLI, BRIGGS, MADDEN, SANCHEZ, SCHLOSSBERG,
GUENST, HOHENSTEIN, DELLOSO, HILL-EVANS, HARKINS, FLEMING,
STURLA, FREEMAN, O'MARA, OTTEN, CEPEDA-FREYTIZ, BOROWSKI,
D. WILLIAMS, CERRATO, KHAN, SIEGEL, MAYES, FLICK, PROBST,
ISAACSON, SCOTT, GIRAL, GALLAGHER, BENHAM, TAKAC, T. DAVIS
AND SMITH-WADE-EL, APRIL 25, 2023
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 25, 2023
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, in particular rights and
immunities, further prohibiting civil rights violations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2710 heading, (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, 951 A.2d 345
(2008), are amended and the section is amended by adding a
subsection to read:
§ 2710. [Ethnic] Hate-based intimidation.
(a) Offense defined.--A person commits the offense of
[ethnic intimidation if, with malicious intention toward the
race, color, religion or national origin of another individual
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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.] hate-based intimidation if both of the following
occur:
(1) The person commits any of the following offenses:
(i) a personal injury crime as defined in section
103 of the act of November 24, 1998 (P.L.882, No.111),
known as the Crime Victims Act;
(ii) an offense under Chapter 33 (relating to arson,
criminal mischief and other property destruction),
exclusive of section 3307 (relating to institutional
vandalism); or
(iii) an offense under section 3503 (relating to
criminal trespass).
(2) The person intentionally selected the person against
whom the offense under paragraph (1) was committed or the
property that was damaged or otherwise affected, in whole or
in substantial part, because of the actual or perceived race,
color, religion, national origin, ethnicity, ancestry, sex,
gender, gender identity, gender expression, sexual
orientation or disability of an individual or group of
individuals.
* * *
(b.1) Construction.--Nothing in this section may be
construed to prohibit, limit or punish religiously motivated
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speech or conduct that is otherwise protected by the
Constitution of the United States, the Constitution of
Pennsylvania or the act of December 9, 2002 (P.L.1701, No.214),
known as the Religious Freedom Protection Act.
[(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 race, color,
religion or national origin 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.--
(1) A person who incurs injury to his or her person
[or], damage or loss to his or her property, has been placed
in reasonable fear of bodily injury or suffered substantial
emotional distress as a result of conduct described in 18
Pa.C.S. § 2710 (relating to [ethnic] hate-based intimidation)
or 3307 (relating to institutional vandalism) shall have a
right of action [against the actor for] in a court of common
pleas for preliminary or permanent injunction, damages or
other appropriate civil or equitable relief[.] against all of
the following:
(i) The actor.
(ii) A person who has solicited the actor to engage
in the conduct.
(iii) A person who has knowingly attempted to
provide or provided aid to the actor with the intent that
the actor engage in the conduct.
(2) In the action, the issue of whether the defendant
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engaged in the conduct alleged shall be determined according
to the burden of proof used in other civil actions for
similar relief.
(3) The plaintiff may seek recovery for any of the
following:
[(1)] (i) General and special damages, including
damages for emotional distress. Damages under this
paragraph shall be actual damages or $500, whichever is
greater.
[(2)] (ii) Punitive damages.
[(3)] (iii) Reasonable attorney fees and costs.
[(4)] (iv) Injunctive and other equitable relief.
[(5)] (v) Such other relief which the court deems
necessary and proper.
* * *
Section 3. This act shall take effect in 60 days.
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