Pennsylvania HB 1902: 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 the offense of ethnic intimidation; in particular rights and immunities, further providing for civil rights violations; and, in employees, further providing for definitions and providing for annual officer training on hate-based intimidation.

Bill Text

PRIOR PRINTER'S NO. 2371 PRINTER'S NO. 3032
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1902
Session of
2025
INTRODUCED BY FRANKEL, N. NELSON, BENHAM, HILL-EVANS, WAXMAN,
PIELLI, HOHENSTEIN, DONAHUE, PROBST, RIVERA, MALAGARI,
SANCHEZ, HADDOCK, BOROWSKI, SHUSTERMAN, CEPEDA-FREYTIZ,
SCHLOSSBERG, INGLIS, TAKAC, HANBIDGE, STEELE, MADDEN,
BRENNAN, ABNEY AND DALEY, SEPTEMBER 30, 2025
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 19, 2026
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 the offense of ethnic intimidation; in
particular rights and immunities, further providing for civil
rights violations; and, in employees, further providing for
definitions and providing for annual officer training on
hate-based intimidation.
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] hate-based intimidation if, with malicious intention
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toward the race, color, religion [or], national origin,
ethnicity, ancestry, sex, gender, gender identity, gender
expression, sexual orientation or disability of another
individual [or], group of individuals[, he commits an offense
under any other provision of this article or] or a person with
whom the individual or group is associated, the person commits 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, which results in bodily injury, an offense under Chapter 33
(relating to arson, criminal mischief and other property
destruction) [exclusive of section 3307 (relating to
institutional vandalism)] or an offense 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.
* * *
(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. SHALL BE
CONSTRUED TO PROHIBIT, LIMIT OR OTHERWISE PUNISH A PERSON IN THE
FREE EXERCISE OR ENJOYMENT OF A RIGHT OR PRIVILEGE SECURED TO
THE PERSON BY THE CONSTITUTION OR LAWS OF THE UNITED STATES OR
THE CONSTITUTION OF PENNSYLVANIA OR LAWS OF THIS COMMONWEALTH.
(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,
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religion [or], national origin, ethnicity, ancestry, sex,
gender, gender identity, gender expression, sexual orientation
or disability of another individual or group of individuals.
Section 2. Section 8309(a) of Title 42 is amended and the
section is amended by adding a subsection to read:
§ 8309. Civil rights violations.
(a) Redress for personal injury.--[A person] An individual
who incurs injury to his or her person or damage or loss to his
or her 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] in a court of common pleas for a
preliminary or permanent injunction, damages or other
appropriate civil or equitable relief[.] against the actor, a
person who has solicited the actor to engage in the conduct and
a person who has knowingly attempted to provide or provided aid
to the actor with the intent that the actor engage in the
conduct. 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:
(1) General and special damages, including damages for
emotional distress. Damages under this paragraph shall be
actual damages or $500, 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.
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