PRINTER'S NO. 1367
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
947
Session of
2019
INTRODUCED BY FARNESE, A. WILLIAMS, HAYWOOD, FONTANA,
SANTARSIERO, COSTA, HUGHES, BOSCOLA, MUTH, STREET, SCHWANK,
BLAKE, COLLETT, BREWSTER, DINNIMAN, KEARNEY AND YUDICHAK,
NOVEMBER 12, 2019
REFERRED TO JUDICIARY, NOVEMBER 12, 2019
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, No.112 MAP 2007
(Pa. 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
toward the race, color, religion [or], national origin,
ancestry, sex, gender or gender identity, sexual orientation,
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intellectual disability, physical or sensory disability or
behavioral or mental health 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.] the person:
(1) attempts to cause or causes bodily injury to an
individual by committing an offense under this article;
(2) attempts to cause or causes damage to property by
committing an offense under Chapter 33 (relating to arson,
criminal mischief and other property destruction) or 35
(relating to burglary and other criminal intrusion); or
(3) threatens an individual or group of individuals and
places the individual or members of the group of individuals
in reasonable fear of harm to a person or 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 United
States Constitution, 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] 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:
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"Malicious intention." 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]
another individual's or group of individuals' actual or
perceived:
(1) race[,];
(2) color[,];
(3) religion [or];
(4) national origin [of another individual or group of
individuals.];
(5) ancestry;
(6) sex;
(7) gender or gender identity;
(8) sexual orientation;
(9) intellectual disability;
(10) physical or sensory disability; or
(11) behavioral or mental health.
"Threaten." To communicate, directly or indirectly, the
intent to:
(1) cause bodily injury immediately or in the future to
the individual threatened or to any other individual; or
(2) cause damage to the property of an individual
threatened or that of any other individual or group of
individuals.
Section 2. Section 8309(a) of Title 42 is amended to read:
§ 8309. Civil rights violations.
(a) Redress for personal injury.--
(1) A person who incurs injury to his person [or],
damage or loss to his property, has been placed in reasonable
fear of bodily injury or suffered substantial emotional
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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 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 attempted to provide or
provided aid to the actor to 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
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] $15,000,
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.
* * *
Section 3. This act shall take effect in 60 days.
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