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House of Representatives
Session of 2023 - 2024 Regular Session

MEMORANDUM

Posted:	May 22, 2024 12:54 PM
From:	Representative Kristin Marcell and Rep. Martina A. White
To:	All House members
Subject:	Responding to Destructive Actions on College Campuses

In the hours and days after October 7, 2023, the world watched in horror as the realities of Hamas’ terroristic attack on Israeli communities and military bases. Hamas’ actions, which included the murder of 1,300 innocent Israelis, were condemned worldwide, including by a unanimous vote of the House of Representatives on House Resolution 245.   Recently, pro-Palestinian protests and demonstrations have been held on college campus that have condemned Israel’s military response to the Hamas incursion and demanded that colleges divest its investments from companies connected to Israel.   Protests are a common occurrence on college and university campuses, but unlawful actions like the forceful occupations of academic buildings and destruction of college and university property are not protected First Amendment activities. We have no issue with those who protest within the law to make their voice heard. However, unlawful protests that interfere with the right of other students to pursue their education should not be tolerated. The situation has become so problematic that some college administrations have resorted to using force to clear the unauthorized protests and to restore order.   We will be introducing legislation to help underscore the importance of lawful protest activities while addressing those who veer into unlawful activities.

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Document #1

Description:

DOCUMENT 1 (Rep. Martina White): Prohibiting students who are convicted of ethnic intimidation, institutional vandalism, desecration, theft or sale of venerated objects, or institutional trespass from receiving PHEAA grants. Current law authorizes PHEAA to deny grants for students who are convicted on misdemeanors involving moral turpitude or felonies. Under this proposal, students who are convicted of ethnic intimidation, institutional vandalism, desecration, theft or sale of venerated objects, or trespassing at houses of worship, cemeteries, and schools would be prohibited from receiving PHEAA grants for students.

Document #2

Description:

DOCUMENT 2 (Rep. Kristin Marcell): Creating a new crime of institutional trespass, which would be trespassing in sensitive areas, like houses of worship, cemeteries, and schools. Current law provides additional criminal penalties for those who commit vandalism against certain institutions including houses of worship, cemeteries, and schools.  This statute recognizes that vandalism of these important institutions deserves additional punishments. Because the same principle should be applied to trespassing, this proposal would create a new crime of institutional trespass, which would be trespassing on institutions, like houses of worship, cemeteries, and schools.

Memo Updated: May 22, 2024 12:55 PM