Pennsylvania SB 1024: 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.

Bill Text

PRINTER'S NO. 1191
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1024
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 JUDICIARY, OCTOBER 3, 2025
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, 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
toward the race, color, religion [or], national origin,
ethnicity, ancestry, sex, gender, gender identity, gender
expression, sexual orientation or disability of another
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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, 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.
(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, ethnicity, ancestry, sex, gender, gender identity,
gender expression, sexual orientation, disability or national
origin 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]
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(1) 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 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 knowingly attempted to
provide or provided aid to the actor with the intent that
the actor engage 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
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.
* * *
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(g) 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.
Section 3. This act shall take effect in 60 days.
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