PRINTER'S NO. 2451
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1803
Session of
2017
INTRODUCED BY D. COSTA, DEAN, MURT, YOUNGBLOOD, JAMES, KAVULICH,
SCHLOSSBERG, CALTAGIRONE, PASHINSKI, SCHWEYER, ROZZI,
DONATUCCI, KINSEY, FREEMAN, HARKINS, RAVENSTAHL, READSHAW,
VAZQUEZ, V. BROWN, DeLUCA, HILL-EVANS AND DRISCOLL,
SEPTEMBER 21, 2017
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 21, 2017
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 making an editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2710 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 2710. [Ethnic] Unlawful intimidation.
(a) Offense defined.--A person commits the offense of
[ethnic] unlawful intimidation if, with malicious intention
toward the race, color, religion [or], national origin, sexual
orientation or sexual identification or mental or physical
disability of another individual or group of individuals, [he]
the person 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
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3307 (relating to institutional vandalism) or under section 3503
(relating to criminal trespass) with respect to such individual
or [his or her] the individual's property or with respect to one
or more members of such group or to their property.
(b) Grading.--[An]
(1) Except as provided under paragraph (2), 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. [Otherwise, an]
(2) An offense under this section shall be classified
one degree higher in the classification specified in section
106 (relating to classes of offenses) than the classification
of the other offense.
(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] following of another individual or
group of individuals[.]:
(1) race;
(2) color;
(3) religion;
(4) national origin;
(5) sexual orientation or sexual identification; or
(6) mental or physical disability.
Section 2. Section 8309(a) of Title 42 is amended to read:
§ 8309. Civil rights violations.
(a) Redress for personal injury.--A person who incurs injury
to his person or damage or loss to his property as a result of
conduct described in 18 Pa.C.S. § 2710 (relating to [ethnic]
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unlawful intimidation) or 3307 (relating to institutional
vandalism) shall have a right of action against the actor for
injunction, damages or other appropriate civil or equitable
relief. In the action, the issue of whether the defendant
engaged in the conduct alleged shall be determined according to
the burden of proof used in other civil actions for similar
relief. The plaintiff may seek recovery for any of the
following:
(1) General and special damages, including damages for
emotional distress. Damages under this paragraph shall be
actual damages or $500, whichever is greater.
(2) Punitive damages.
(3) Reasonable attorney fees and costs.
(4) Injunctive and other equitable relief.
(5) Such other relief which the court deems necessary
and proper.
* * *
Section 3. This act shall take effect in 60 days.
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