PRIOR PRINTER'S NO. 1023
PRINTER'S NO. 1359
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1026
Session of
2023
INTRODUCED BY FRANKEL, N. NELSON, McNEILL, HANBIDGE, KAZEEM,
PISCIOTTANO, PIELLI, BRIGGS, MADDEN, SANCHEZ, SCHLOSSBERG,
GUENST, HOHENSTEIN, DELLOSO, HILL-EVANS, HARKINS, FLEMING,
STURLA, WARREN, KINKEAD, FREEMAN, O'MARA, OTTEN, CEPEDA-
FREYTIZ, BOROWSKI, CERRATO, KHAN, SIEGEL, MAYES, FLICK,
PROBST, ISAACSON, SCOTT, GIRAL, GALLAGHER, BENHAM, TAKAC,
T. DAVIS, SMITH-WADE-EL, SALISBURY, SAMUELSON, BRENNAN AND
VITALI, APRIL 25, 2023
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 24, 2023
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in sentencing, providing
for sentencing for hate-based intimidation and for community
impact statements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding sections to read:
§ 9720.9. Sentencing for hate-based intimidation.
(a) Condition of probation.--In addition to any other
penalties or fines imposed, a person who has been convicted of
an offense under 18 Pa.C.S. § 2710 (relating to ethnic
intimidation) may be required as a condition of probation to:
(1) complete at least eight hours of educational
instruction relating to the community against whom the person
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convicted has shown bias; or
(2) complete at least eight hours of community service
in benefit to the community against whom the person has shown
bias, provided that, from the perspective of the community
affected, the community service will not increase the risk of
further violence or intimidation against that community.
(b) Condition of parole.--A person convicted of an offense
under 18 Pa.C.S. § 2710 may be required as a condition of parole
to:
(1) complete at least eight hours of educational
instruction relating to the community against whom the person
convicted has shown bias; or
(2) complete at least eight hours of community service
in benefit to the community against whom the person has shown
bias, provided that, from the perspective of the community
affected, the community service will not increase the risk of
further violence or intimidation against that community.
§ 9739. Community impact statements.
(a) General rule.--Representatives of a community affected
by a crime of which a defendant has been convicted shall have
the right to submit a community impact statement prior to the
imposition of a sentence on the A defendant WHO WAS CONVICTED OF
VIOLATING 18 PA.C.S. § 2710(A) (RELATING TO ETHNIC
INTIMIDATION) . A court may at its discretion consider the
community impact statement in determining the appropriate
sentence to be imposed on the defendant. If more than one
community is affected, representatives of each affected
community may submit statements under this section.
(b) Prohibition.--Notwithstanding any other provision of
law, during the trial of a defendant accused of an offense a
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court may not order the exclusion of an individual from the
trial on the basis that the individual may, during the
sentencing phase of the proceeding, do any of the following:
(1) Make a community impact statement or present
community impact information in relation to the sentence to
be imposed on the defendant.
(2) Testify as to the effect of the offense on the
community.
(c) Contents.--A community impact statement may include the
following:
(1) A summary of the harm, trauma or other physical or
psychological effects suffered by the community or its
members as a result of the defendant's crime.
(2) A summary of the economic loss or damage suffered by
the community or its members as a result of the defendant's
crime.
(3) The adverse social or economic effects of the
defendant's crime on the community or its members, including
individuals residing in and businesses operating in the
community.
(d) Submission of statement.--Upon receipt of a community
impact statement by the court, the court shall immediately
provide copies of the community impact statement to counsel for
the prosecution and the defense.
(e) 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:
"Community." An informal or formal association or group of
people living, working, attending school or attending worship
services in the same place or neighborhood and sharing common
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interests arising from a social, business, religious,
governmental, scholastic or recreational association or
interaction.
"Community impact statement." A written statement that
provides information about the financial, social, emotional and
physical effects of a defendant's crime on a community.
Section 2. This act shall take effect in 60 days.
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