PRIOR PRINTER'S NOS. 1024, 1832
PRINTER'S NO. 2225
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1027
Session of
2023
INTRODUCED BY FRANKEL, N. NELSON, McNEILL, HANBIDGE,
PISCIOTTANO, PIELLI, BRIGGS, MADDEN, SANCHEZ, SCHLOSSBERG,
GUENST, HOHENSTEIN, DELLOSO, HILL-EVANS, HARKINS, FLEMING,
STURLA, 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 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) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, in assault, further providing for the offense of
ethnic intimidation; and, in particular rights and
immunities, further prohibiting civil rights violations.
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.
(a) Offense defined.--A person commits the offense of
[ethnic] hate-based intimidation if, with malicious intention
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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, 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] DEFINITIONS.--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
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).
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"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, ethnicity, ancestry, sex, gender, gender
identity, gender expression, sexual orientation, disability ,
AGE, AUTISM SPECTRUM DISORDER or national origin 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]
(1) 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 preliminary or permanent
injunction, damages or other appropriate civil or equitable
relief[.] against all of the following:
(i) The actor.
(ii) A person who has solicited the actor to engage
in the conduct.
(iii) A person who has knowingly attempted to
provide or provided aid to the actor with the intent that
the actor engage in the conduct.
(2) 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
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similar relief.
(3) The plaintiff may seek recovery for any of the
following:
[(1)] (i) General and special damages, including
damages for emotional distress. Damages under this
paragraph shall be actual damages or $500, whichever is
greater.
[(2)] (ii) Punitive damages.
[(3)] (iii) Reasonable attorney fees and costs.
[(4)] (iv) Injunctive and other equitable relief.
[(5)] (v) 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. This act shall take effect in 60 days.
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