PRINTER'S NO. 1260
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1199
Session of
2021
INTRODUCED BY GAINEY, CEPHAS, KINSEY, SANCHEZ, GALLOWAY,
N. NELSON, SCHLOSSBERG, D. WILLIAMS, LEE, HILL-EVANS,
WHEATLEY, WEBSTER, SIMS, KINKEAD, ROZZI, SCHWEYER, RABB AND
McNEILL, APRIL 16, 2021
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 16, 2021
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in particular rights and
immunities, further providing for civil rights violations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8309(a) of Title 42 of the Pennsylvania
Consolidated Statutes 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
intimidation) or 3307 (relating to institutional vandalism)
shall have a right of action against the actor or an employer of
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
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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] $5,000, 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[.], which may include posting by the actor or an
employer of the actor of the court order entered in the
matter in a conspicuous manner on at least one public
entranceway of a commercial property owned or occupied by the
actor or an employer of the actor and on a publicly
accessible Internet website maintained by or on behalf of the
actor or an employer of the actor for a period of not less
than 30 nor more than 90 continuous days.
* * *
(g) Definition.--As used in this section, the term
"employer" shall have the same meaning as given to it under
section 4 of the act of October 27, 1955 (P.L.744, No.222),
known as the Pennsylvania Human Relations Act.
Section 2. This act shall take effect in 60 days.
20210HB1199PN1260 - 2 -
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