Pennsylvania SB 1029: An Act amending Title 44 (Law and Justice) of the Pennsylvania Consolidated Statutes, establishing a hate group database; and imposing powers and duties on the Attorney General.

Bill Text

PRINTER'S NO. 1194
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1029
Session of
2025
INTRODUCED BY COSTA, SANTARSIERO, KEARNEY, HAYWOOD, HUGHES,
FONTANA, COMITTA, KIM, SCHWANK, TARTAGLIONE, KANE,
PISCIOTTANO, CAPPELLETTI, SAVAL AND MUTH, OCTOBER 3, 2025
REFERRED TO LAW AND JUSTICE, OCTOBER 3, 2025
AN ACT
Amending Title 44 (Law and Justice) of the Pennsylvania
Consolidated Statutes, establishing a hate group database;
and imposing powers and duties on the Attorney General.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 44 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 6
HATE GROUP DATABASE
Sec.
601. Definitions.
602. Hate group database.
603. Intelligence information.
604. Hate group unit established.
605. Regulations.
§ 601. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
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context clearly indicates otherwise:
"Appropriate agency." A department, board, commission or
agency of the Commonwealth, the Federal Government or another
state as approved by the Attorney General of the Commonwealth
for access to the hate group database.
"Hate crime." A criminal offense against a person or
property motivated in whole or in part by an offender's bias
against a race, religion, disability, sexual orientation,
ethnicity, gender identity or any other immutable
characteristic.
"Hate group." A group of individuals, as designated by the
Attorney General, who, based on the group's official statements
or principles, the statements of group leaders or group
activities, has beliefs, biases or practices that attack or
malign a class of people and who may commit or attempt to commit
a hate crime in this Commonwealth.
"Hate group database." The Statewide hate group database
established under section 602 (relating to hate group database).
"Intelligence information." Information concerning the
habits, practices, characteristics, possessions, associations
and affiliations of an individual or group of individuals
compiled in an effort to anticipate, prevent and monitor hate
group activity and investigate or prosecute hate crimes.
"Law enforcement agency." The Pennsylvania State Police and
a police department of a city, borough, incorporated town or
township in this Commonwealth. The term includes county district
attorneys' offices and the Office of Attorney General of the
Commonwealth, Federal law enforcement agencies and law
enforcement agencies of other states in accordance with rules
and regulations promulgated by the Attorney General to implement
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this chapter.
§ 602. Hate group database.
(a) Establishment.--The Attorney General, in consultation
with the Pennsylvania State Police, shall provide for the
establishment of a Statewide hate group database.
(b) Duties of Attorney General.--The Attorney General shall:
(1) Coordinate, designate and facilitate the use of the
hate group database established under subsection (a).
(2) Ensure that the hate group database is configured to
limit accessibility to law enforcement agencies and other
appropriate agencies.
(3) Utilize existing resources, networks or structures
inside or outside this Commonwealth to:
(i) Designate an individual or group of individuals
as members of a hate group or affiliates or associates of
a hate group.
(ii) Evaluate and investigate actual and alleged
hate crimes and hate group activity, including
paramilitary activity or training, recruitment efforts
and reports of overt or covert hate group activities in
this Commonwealth.
(4) Adopt and establish rules and establish regulations
for entering hate groups and members, associates and
affiliates of hate groups and hate group activity into the
hate group database. Data on individuals may be entered based
on reasonable suspicion, reports of alleged activity or
actual criminal activity related to a hate crime.
(5) Annually compile a hate group report, which shall
include available data sources such as uniform crime reports,
record management systems and entries into the hate group
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database.
(6) Provide a secure link on the Attorney General's
publicly accessible Internet website for public reports of
hate group activity and initiate a public awareness campaign
to encourage individuals to report hate crimes or acts of
suspected hate group activity, including distribution of
literature and other similar activities aimed at promoting
messages of hate and intolerance.
(7) Ensure that individuals entered into the hate group
database are 16 years of age or older.
(8) Adopt rules to govern access to the hate group
database by appropriate agencies.
(c) Compliance with Federal regulations.--The h