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                                                      PRINTER'S NO. 1836

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1566 Session of 1989


        INTRODUCED BY HECKLER, ITKIN, CORNELL, HAYDEN, NAHILL, McHALE,
           LASHINGER, COWELL, PRESSMANN, BORTNER, MELIO, RITTER, ROEBUCK
           AND MORRIS, MAY 30, 1989

        REFERRED TO COMMITTEE ON JUDICIARY, MAY 30, 1989

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, further defining the offense of ethnic
     3     intimidation to include sexual orientation.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 2710 of Title 18 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 2710.  [Ethnic] Discriminatory intimidation.
     9     (a)  Offense defined.--A person commits the offense of
    10  [ethnic] discriminatory intimidation if, with malicious
    11  intention toward the race, color, religion [or], national origin
    12  or sexual orientation of another individual or group of
    13  individuals, he commits an offense under any other provision of
    14  this article or under Chapter 33 (relating to arson, criminal
    15  mischief and other property destruction) exclusive of section
    16  3307 (relating to institutional vandalism) or under section 3503
    17  (relating to criminal trespass) or under section 5504 (relating
    18  to harassment by communication or address) with respect to such

     1  individual or his or her property or with respect to one or more
     2  members of such group or to their property.
     3     (b)  Grading.--An offense under this section shall be
     4  classified as a misdemeanor of the third degree if the other
     5  offense is classified as a summary offense. Otherwise, an
     6  offense under this section shall be classified one degree higher
     7  in the classification specified in section 106 (relating to
     8  classes of offenses) than the classification of the other
     9  offense.
    10     (c)  Definition.--As used in this section, "malicious
    11  intention" means the intention to commit any act, the commission
    12  of which is a necessary element of any offense referred to in
    13  subsection (a) motivated by hatred toward the race, color,
    14  religion [or], national origin or sexual orientation of another
    15  individual or group of individuals.
    16     Section 2.  This act shall take effect in 60 days.










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