PRIOR PRINTER'S NOS. 1021, 1835
PRINTER'S NO. 2224
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 RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 30, 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 annual officer training on hate-based
intimidation.
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] 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 , AGE OR AUTISM
SPECTRUM DISORDER 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, WHICH RESULTS IN BODILY
INJURY, 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] DEFIN ITIONS .--As used in this section
["malicious intention" means the], THE FOLLOWING WORDS AND
PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION
UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:
"AGE." THE TERM INCLUDES THE LENGTH OF TIME THAT A PERSON
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WHO IS 40 YEARS OF AGE OR OLDER HAS LIVED AND THE LENGTH OF TIME
THAT ANY OTHER PERSON HAS LIVED WHO IS PROTECTED UNDER 29 U.S.C.
CH. 14 (RELATING TO AGE DISCRIMINATION IN EMPLOYMENT).
"MALICIOUS INTENT." 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, gender, gender identity, gender expression,
sexual orientation or , disability , AGE OR AUTISM SPECTRUM
DISORDER of another individual or group of individuals.
Section 2. Section 8309(a) 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] 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
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
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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
Pa.C.S. § 2710 (relating to hate-based intimidation).
* * *
Section 4. Title 53 is amended by adding a section to read:
§ 2173. Annual officer training on hate-based intimidation.
(a) Training.--The commission and the Pennsylvania State
Police shall consult with and incorporate feedback from relevant
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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, 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
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.
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(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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