Regular Session 2023-2024 House Bill 1024 P.N. 1835

PRIOR PRINTER'S NO. 1021

PRINTER'S NO. 1835

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1024

Session of

2023

INTRODUCED BY FRANKEL, N. NELSON, McNEILL, HANBIDGE,

PISCIOTTANO, PIELLI, BRIGGS, MADDEN, SANCHEZ, SCHLOSSBERG,

GUENST, HOHENSTEIN, DELLOSO, HILL-EVANS, HARKINS, FLEMING,

STURLA, KINKEAD, FREEMAN, O'MARA, OTTEN, CEPEDA-FREYTIZ,

BOROWSKI, D. WILLIAMS, CERRATO, KHAN, SIEGEL, MAYES, PROBST,

ISAACSON, SCOTT, GIRAL, GALLAGHER, BENHAM, TAKAC, T. DAVIS,

SMITH-WADE-EL, SALISBURY, SAMUELSON, BRENNAN, VITALI,

WEBSTER, DALEY, SHUSTERMAN, DONAHUE, KENYATTA AND GUZMAN,

APRIL 25, 2023

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

JULY 7, 2023

AN ACT

Amending Titles 18 (Crimes and Offenses), 42 (Judiciary and

Judicial Procedure) and 53 (Municipalities Generally) of the

Pennsylvania Consolidated Statutes, in assault, further

providing for ethnic intimidation; IN PARTICULAR RIGHTS AND

IMMUNITIES, FURTHER PROVIDING FOR CIVIL RIGHTS VIOLATIONS;

AND, in employees, further providing for definitions and

providing for police ANNUAL officer training on hate-based

intimidation; and making an editorial change.

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.

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(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

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.

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§ 2710. [ETHNIC] HATE-BASED INTIMIDATION.

(A) OFFENSE DEFINED.--A PERSON COMMITS THE OFFENSE OF

[ETHNIC] HATE-BASED INTIMIDATION IF, WITH MALICIOUS INTENTION

TOWARD THE RACE, COLOR, RELIGION [OR], NATIONAL ORIGIN,

ETHNICITY, ANCESTRY, SEX, GENDER, GENDER IDENTITY, GENDER

EXPRESSION, SEXUAL ORIENTATION OR DISABILITY OF ANOTHER

INDIVIDUAL [OR], GROUP OF INDIVIDUALS[, HE COMMITS AN OFFENSE

UNDER ANY OTHER PROVISION OF THIS ARTICLE OR] OR A PERSON WITH

WHOM THE INDIVIDUAL OR GROUP IS ASSOCIATED, THE PERSON COMMITS 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, AN OFFENSE UNDER CHAPTER 33 (RELATING TO ARSON, CRIMINAL

MISCHIEF AND OTHER PROPERTY DESTRUCTION) [EXCLUSIVE OF SECTION

3307 (RELATING TO INSTITUTIONAL VANDALISM)] OR AN OFFENSE 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.

* * *

(b.1) Construction.--Nothing in this section may be

construed to prohibit, limit or punish religiously motivated

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, ETHNICITY, ANCESTRY, SEX,

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GENDER, GENDER IDENTITY, GENDER EXPRESSION, SEXUAL ORIENTATION

OR DISABILITY of another individual or group of individuals.]

Section 2. Section 8309(a) introductory paragraph of Title

42 is amended AND THE SECTION IS AMENDED BY ADDING A SUBSECTION

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]

hate-based 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:

* * *

§ 8309. CIVIL RIGHTS VIOLATIONS.

(A) REDRESS FOR PERSONAL INJURY.--[A PERSON] AN INDIVIDUAL

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 AN INTENTIONAL INFLICTION OF 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 A

PRELIMINARY OR PERMANENT INJUNCTION, DAMAGES OR OTHER

APPROPRIATE CIVIL OR EQUITABLE RELIEF[.] AGAINST THE ACTOR, A

PERSON WHO HAS SOLICITED THE ACTOR TO ENGAGE IN THE CONDUCT AND

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A PERSON WHO HAS KNOWINGLY ATTEMPTED TO PROVIDE OR PROVIDED AID

TO THE ACTOR WITH THE INTENT THAT THE ACTOR ENGAGE IN THE

CONDUCT. 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.

* * *

(G) CONSTRUCTION.--NOTHING IN THIS SECTION MAY BE CONSTRUED

TO PROHIBIT, LIMIT OR PUNISH RELIGIOUSLY MOTIVATED 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.

Section 3. Section 2162 of Title 53 is amended by adding a

definition to read:

§ 2162. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Hate-based intimidation." An offense specified under 18

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Pa.C.S. § 2710 (relating to hate-based intimidation).

* * *

Section 4. Title 53 is amended by adding a section to read:

§ 2173. Police ANNUAL officer training on hate-based

intimidation.

The (A) TRAINING.--THE COMMISSION AND THE PENNSYLVANIA STATE

POLICE SHALL CONSULT WITH AND INCORPORATE FEEDBACK FROM RELEVANT

COMMUNITY-BASED AND FAITH-BASED STAKEHOLDERS AND GROUPS, AS WELL

AS RACIAL JUSTICE AND LEGAL STAKEHOLDERS AND GROUPS, TO DEVELOP

TRAINING UNDER THIS SECTION. AFTER THE CONSULTATION, THE

commission and the Pennsylvania State Police shall, in

consultation with the Pennsylvania Human Relations Commission

and the Attorney General, develop and provide biennial training

on hate-based intimidation to police officers. The commission

and the Pennsylvania State Police may also consult with relevant

stakeholders in developing the training. DEVELOP, IMPLEMENT AND

PROVIDE ANNUAL TRAINING ON HATE-BASED INTIMIDATION TO OFFICERS.

The training shall include, but not be limited to:

(1) Identification of hate-based intimidation.

(2) Methods to address hate-based intimidation.

(3) Reporting of hate-based intimidation.

(4) Hate-based intimidation recordkeeping.

(5) ANY INSTRUCTION DEEMED NECESSARY IN RECOGNIZING

ENFORCEMENT RELATED BIAS.

(B) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING

WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"OFFICER." ANY OF THE FOLLOWING:

(1) A FULL-TIME OR PART-TIME EMPLOYEE ASSIGNED TO

CRIMINAL OR TRAFFIC LAW ENFORCEMENT DUTIES OF ANY OF THE

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FOLLOWING:

(I) A POLICE DEPARTMENT OF A COUNTY, CITY, BOROUGH,

TOWN OR TOWNSHIP.

(II) ANY RAILROAD OR STREET RAILWAY POLICE.

(III) ANY CAMPUS OR UNIVERSITY POLICE DEPARTMENT,

INCLUDING THE STATE SYSTEM OF HIGHER EDUCATION AND ITS

MEMBER INSTITUTIONS.

(IV) THE CAPITOL POLICE.

(V) THE HARRISBURG INTERNATIONAL AIRPORT POLICE.

(VI) AN AIRPORT AUTHORITY POLICE DEPARTMENT.

(2) A DEPUTY SHERIFF OF A COUNTY OF THE SECOND CLASS.

(3) A SECURITY OFFICER OF A FIRST CLASS CITY HOUSING

AUTHORITY OR A POLICE OFFICER OF A SECOND CLASS CITY HOUSING

AUTHORITY.

(4) A COUNTY PARK POLICE OFFICER.

(5) PROBATION AND PAROLE OFFICERS.

THE TERM EXCLUDES A PERSON EMPLOYED TO CHECK PARKING METERS OR

TO PERFORM ONLY ADMINISTRATIVE DUTIES AND AUXILIARY AND FIRE

POLICE.

Section 5. This act shall take effect in 60 days.

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