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A01669
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1024
Session of
2023
INTRODUCED BY FRANKEL, N. NELSON, McNEILL, HANBIDGE,
PISCIOTTANO, PIELLI, BRIGGS, MADDEN, SANCHEZ, SCHLOSSBERG,
GUENST, HOHENSTEIN, DELLOSO, HILL-EVANS, HARKINS, FLEMING,
STURLA, KINKEAD, FREEMAN, O'MARA, OTTEN, CEPEDA-FREYTIZ,
BOROWSKI, D. WILLIAMS, CERRATO, KHAN, SIEGEL, MAYES, FLICK,
PROBST, ISAACSON, SCOTT, GIRAL, GALLAGHER, BENHAM, TAKAC,
T. DAVIS AND SMITH-WADE-EL, APRIL 25, 2023
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 25, 2023
AN ACT
Amending Titles 18 (Crimes and Offenses), 42 (Judiciary and
Judicial Procedure) and 53 (Municipalities Generally) of the
Pennsylvania Consolidated Statutes, in assault, further
providing for ethnic intimidation; in employees, further
providing for definitions and providing for police annual
officer training on hate-based intimidation; and making an
editorial change.
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 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.] hate-based intimidation if both of the following
occur:
(1) The person commits any of the following offenses:
(i) 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;
(ii) an offense under Chapter 33 (relating to arson,
criminal mischief and other property destruction),
exclusive of section 3307 (relating to institutional
vandalism); or
(iii) an offense under section 3503 (relating to
criminal trespass).
(2) The person intentionally selected the person against
whom the offense under paragraph (1) was committed or the
property that was damaged or otherwise affected, in whole or
in substantial part, because of the actual or perceived race,
color, religion, national origin, ethnicity, ancestry, sex,
gender, gender identity, gender expression, sexual
orientation or disability of an individual or group of
individuals.
(b.1) Construction.--Nothing in this section may be
construed to prohibit, limit or punish religiously motivated
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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.--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) introductory paragraph of Title
42 is amended 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]
hate-based intimidation) or 3307 (relating to institutional
vandalism) shall have a right of action against 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 according to
the burden of proof used in other civil actions for similar
relief. The plaintiff may seek recovery for any of the
following:
* * *
Section 3. Section 2162 of Title 53 is amended by adding a
definition to read:
§ 2162. Definitions.
The following words and phrases when used in this subchapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Hate-based intimidation." An offense specified under 18
Pa.C.S. § 2710 (relating to hate-based intimidation).
* * *
Section 4. Title 53 is amended by adding a section to read:
§ 2173. Police Annual officer training on hate-based
intimidation.
The (a) Training.--The commission and the Pennsylvania State
Police shall consult with and incorporate feedback from relevant
community-based and faith-based stakeholders and groups, as well
as racial justice and legal stakeholders and groups, to develop
training under this section. After the consultation, the
commission and the Pennsylvania State Police shall, in
consultation with the Pennsylvania Human Relations Commission
and the Attorney General, develop and provide biennial training
on hate-based intimidation to police officers. The commission
and the Pennsylvania State Police may also consult with relevant
stakeholders in developing the training. develop, implement and
provide annual training on hate-based intimidation to officers.
The training shall include, but not be limited to:
(1) Identification of hate-based intimidation.
(2) Methods to address hate-based intimidation.
(3) Reporting of hate-based intimidation.
(4) Hate-based intimidation recordkeeping.
(5) Any instruction deemed necessary in recognizing
enforcement related bias.
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
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subsection unless the context clearly indicates otherwise:
"Police officer." Any of the following:
(1) A full-time or part-time employee assigned to
criminal or traffic law enforcement duties of any of the
following:
(i) A police department of a county, city, borough,
town or township.
(ii) Any railroad or street railway police.
(iii) Any campus or university police department,
including the State System of Higher Education and its
member institutions.
(iv) The Capitol Police.
(v) The Harrisburg International Airport Police.
(vi) An airport authority police department.
(2) A deputy sheriff of a county of the second class.
(3) A security officer of a first class city housing
authority or a police officer of a second class city housing
authority.
(4) A county park police officer.
(5) Probation and parole officers.
The term excludes persons employed to check parking meters or to
perform only administrative duties and auxiliary and fire
police.
Section 5. This act shall take effect in 60 days.
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