PRINTER'S NO. 3396
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2755
Session of
2022
INTRODUCED BY FRANKEL, BRIGGS, ISAACSON, HOHENSTEIN, HILL-EVANS,
BURGOS, SANCHEZ, HANBIDGE, GALLOWAY, CONKLIN, DELLOSO,
McNEILL, FREEMAN, SCHLOSSBERG, N. NELSON, LEE, HOWARD,
SHUSTERMAN, DEASY, SIMS, A. DAVIS, O'MARA, GUZMAN, SCHWEYER,
McCLINTON, STURLA, KOSIEROWSKI, SAPPEY, MULLINS, KIM, THOMAS,
MALAGARI, GUENST, WEBSTER, T. DAVIS, INNAMORATO, GAINEY,
MADDEN, BIZZARRO, KINKEAD, BENHAM, BULLOCK, KRUEGER, HARRIS,
MARKOSEK, SAMUELSON, WARREN, DAWKINS AND D. MILLER,
JULY 22, 2022
REFERRED TO COMMITTEE ON JUDICIARY, JULY 22, 2022
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, 597 Pa. 371
(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 intimidation if, with malicious intention toward the
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race, color, religion or national origin 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.] a hate crime if that person intentionally selects the
person against whom the crime is committed or the property
damaged or otherwise affected by the crime, in whole or in part,
because of the actual or perceived race, color, religion,
national origin, ancestry, sex, gender, gender identity, gender
expression, sexual orientation or disability of an individual or
group of individuals and commits:
(1) 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.
(2) An offense under Chapter 33 (relating to arson,
criminal mischief and other property destruction), exclusive
of section 3307 (relating to institutional vandalism).
(3) An offense under section 3503 (relating to criminal
trespass).
* * *
(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.
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[(c) Definition.--As used in this section "malicious
intention" means 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 of another 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 or her person
[or], damage or loss to his or her property, has been placed
in reasonable fear of bodily injury or suffered substantial
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] in the 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 attempted to provide or
provided aid to the actor with the intent that the actor
engaged 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
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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.
* * *
Section 3. This act shall take effect in 60 days.
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