PRINTER'S NO. 351
No. 343 Session of 1999
INTRODUCED BY WAGNER, BODACK, STAPLETON, SCHWARTZ, MUSTO, KITCHEN, STOUT, COSTA, TARTAGLIONE, MELLOW, HUGHES, WILLIAMS AND BOSCOLA, FEBRUARY 8, 1999
REFERRED TO JUDICIARY, FEBRUARY 8, 1999
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, further providing for ethnic 3 intimidation. 4 The General Assembly finds and declares as follows: 5 (1) Bias-motivated conduct inflicts greater individual 6 and societal harm than conduct which does not have bias as at 7 least one of the motivating factors for the violent conduct. 8 (2) Bias-motivated crime inflicts distinct emotional 9 harm on a victim and frequently on other members of the 10 victim's group. 11 (3) Bias-motivated crime is more likely to provoke 12 retaliatory crimes than other forms of violent conduct. 13 (4) Bias-motivated conduct tends to incite community 14 unrest. 15 The General Assembly of the Commonwealth of Pennsylvania 16 hereby enacts as follows: 17 Section 1. Section 2710 of Title 18 of the Pennsylvania 18 Consolidated Statutes is amended to read:
1 § 2710. Ethnic intimidation and other bias-related 2 intimidation. 3 (a) Offense defined.--A person commits the offense of ethnic 4 intimidation and other bias-related intimidation under this 5 section if [, with] malicious intention toward the actual or 6 perceived race, color, religion, [or] national origin, 7 disability, ancestry, gender or sexual orientation of another 8 individual or group of individuals[, he commits an offense under 9 any other provision of this article or under Chapter 33 10 (relating to arson, criminal mischief and other property 11 destruction) exclusive of section 3307 (relating to 12 institutional vandalism) or under section 3503 (relating to 13 criminal trespass) or under section 5504 (relating to harassment 14 by communication or address) with respect to such individual or 15 his or her property or with respect to one or more members of 16 such group or to their property.] is a contributing factor in 17 the commission of an offense under any of the following: 18 (1) Article B (relating to offenses involving danger to 19 the person). 20 (2) Chapter 33 (relating to arson, criminal mischief and 21 other property destruction) exclusive of an offense under 22 section 3307 (relating to institutional vandalism). 23 (3) Section 3502 (relating to burglary). 24 (4) Section 3503 (relating to criminal trespass). 25 (5) Chapter 39 (relating to theft and related offenses). 26 (6) Section 4952 (relating to intimidation of witnesses 27 or victims). 28 (7) Chapter 55 (relating to riot, disorderly conduct and 29 related offenses) with respect to an individual or his or her 30 property or with respect to one or more members of a group or 19990S0343B0351 - 2 -
1 to their property or with respect to any individual because 2 of any involvement, connection or association with an 3 individual or groups of individuals. 4 (b) Grading.--An offense under this section shall be 5 classified as a misdemeanor of the third degree if the other 6 offense is classified as a summary offense. Otherwise, an 7 offense under this section shall be classified one degree higher 8 in the classification specified in section 106 (relating to 9 classes of offenses) than the classification of the other 10 offense. 11 (c) [Definition.--As used in this section "malicious 12 intention" means the intention] Definitions.--As used in this 13 section, the following words and phrases shall have the meanings 14 given to them in this subsection: 15 "Malicious intention." Intention to commit any act, the 16 commission of which is a necessary element of any offense 17 referred to in subsection (a) motivated, at least in part, by 18 hatred toward the actual or perceived race, color, religion 19 [or], national origin, disability, ancestry, gender or sexual 20 orientation of another individual or group of individuals. 21 "Sexual orientation." Heterosexuality, homosexuality or 22 bisexuality. 23 Section 2. This act shall take effect in 60 days. A27L18JLW/19990S0343B0351 - 3 -