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.

PRINTER'S NO.   2371

                     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 AND STEELE,
        SEPTEMBER 30, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 30, 2025


                                    AN ACT
 1   Amending Titles 18 (Crimes and Offenses), 42 (Judiciary and
 2      Judicial Procedure) and 53 (Municipalities Generally) of the
 3      Pennsylvania Consolidated Statutes, in assault, further
 4      providing for the offense of ethnic intimidation; in
 5      particular rights and immunities, further providing for civil
 6      rights violations; and, in employees, further providing for
 7      definitions and providing for annual officer training on
 8      hate-based intimidation.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11      Section 1.    Section 2710 heading, (a) and (c) of Title 18 of
12   the Pennsylvania Consolidated Statutes, amended by the act of
13   December 3, 2002 (P.L.1176, No.143), declared unconstitutional,
14   936 A.2d 188 (Pa. Commonwealth 2007), affirmed, 951 A.2d 345
15   (2008), are amended and the section is amended by adding a
16   subsection to read:
17   § 2710.   [Ethnic] Hate-based intimidation.
18      (a)    Offense defined.--A person commits the offense of
19   [ethnic] hate-based intimidation if, with malicious intention
 1   toward the race, color, religion [or], national origin,
 2   ethnicity, ancestry, sex, gender, gender identity, gender
 3   expression, sexual orientation or disability of another
 4   individual [or], group of individuals[, he commits an offense
 5   under any other provision of this article or] or a person with
 6   whom the individual or group is associated, the person commits a
 7   personal injury crime as defined in section 103 of the act of
 8   November 24, 1998 (P.L.882, No.111), known as the Crime Victims
 9   Act, which results in bodily injury, an offense under Chapter 33
10   (relating to arson, criminal mischief and other property
11   destruction) [exclusive of section 3307 (relating to
12   institutional vandalism)] or an offense under section 3503
13   (relating to criminal trespass) with respect to such individual
14   or his or her property or with respect to one or more members of
15   such group or to their property.
16      * * *
17      (b.1)   Construction.--Nothing in this section may be
18   construed to prohibit, limit or punish religiously motivated
19   speech or conduct that is otherwise protected by the
20   Constitution of the United States, the Constitution of
21   Pennsylvania or the act of December 9, 2002 (P.L.1701, No.214),
22   known as the Religious Freedom Protection Act.
23      (c)   Definition.--As used in this section "malicious
24   intention" means the intention to commit any act, the commission
25   of which is a necessary element of any offense referred to in
26   subsection (a) motivated by hatred toward the race, color,
27   religion [or], national origin, ethnicity, ancestry, sex,
28   gender, gender identity, gender expression, sexual orientation
29   or disability of another individual or group of individuals.
30      Section 2.   Section 8309(a) of Title 42 is amended and the

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 1   section is amended by adding a subsection to read:
 2   § 8309.    Civil rights violations.
 3      (a)    Redress for personal injury.--[A person] An individual
 4   who incurs injury to his or her person or damage or loss to his
 5   or her property as a result of conduct described in 18 Pa.C.S. §
 6   2710 (relating to [ethnic] hate-based intimidation) or 3307
 7   (relating to institutional vandalism) shall have a right of
 8   action [against the actor for] in a court of common pleas for a
 9   preliminary or permanent injunction, damages or other
10   appropriate civil or equitable relief[.] against the actor, a
11   person who has solicited the actor to engage in the conduct and
12   a person who has knowingly attempted to provide or provided aid
13   to the actor with the intent that the actor engage in the
14   conduct. In the action, the issue of whether the defendant
15   engaged in the conduct alleged shall be determined according to
16   the burden of proof used in other civil actions for similar
17   relief. The plaintiff may seek recovery for any of the
18   following:
19             (1)   General and special damages, including damages for
20      emotional distress. Damages under this paragraph shall be
21      actual damages or $500, whichever is greater.
22             (2)   Punitive damages.
23             (3)   Reasonable attorney fees and costs.
24             (4)   Injunctive and other equitable relief.
25             (5)   Such other relief which the court deems necessary
26      and proper.
27      * * *
28      (g)    Construction.--Nothing in this section may be construed
29   to prohibit, limit or punish religiously motivated speech or
30   conduct that is otherwise protected by the Constitution of the

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 1   United States, the Constitution of Pennsylvania or the act of
 2   December 9, 2002 (P.L.1701, No.214), known as the Religious
 3   Freedom Protection Act.
 4      Section 3.     Section 2162 of Title 53 is amended by adding a
 5   definition to read:
 6   § 2162.    Definitions.
 7      The following words and phrases when used in this subchapter
 8   shall have the meanings given to them in this section unless the
 9   context clearly indicates otherwise:
10      * * *
11      "Hate-based intimidation."     An offense specified under 18
12   Pa.C.S. § 2710 (relating to hate-based intimidation).
13      * * *
14      Section 4.     Title 53 is amended by adding a section to read:
15   § 2173.    Annual officer training on hate-based intimidation.
16      (a)    Training.--The commission and the Pennsylvania State
17   Police shall consult with and incorporate feedback from relevant
18   community-based and faith-based stakeholders and groups, as well
19   as racial justice and legal stakeholders and groups, to develop
20   training under this section. After the consultation, the
21   commission and the Pennsylvania State Police shall, in
22   consultation with the Pennsylvania Human Relations Commission
23   and the Attorney General, develop, implement and provide annual
24   training on hate-based intimidation to officers. The training
25   shall include, but not be limited to:
26             (1)   Identification of hate-based intimidation.
27             (2)   Methods to address hate-based intimidation.
28             (3)   Reporting of hate-based intimidation.
29             (4)   Hate-based intimidation recordkeeping.
30             (5)   Any instruction deemed necessary in recognizing

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 1      enforcement-related bias.
 2      (b)    Definitions.--As used in this section, the following
 3   words and phrases shall have the meanings given to them in this
 4   subsection unless the context clearly indicates otherwise:
 5      "Officer."         Any of the following:
 6             (1)   A full-time or part-time employee assigned to
 7      criminal or traffic law enforcement duties of any of the
 8      following:
 9                   (i)    A police department of a county, city, borough,
10             town or township.
11                   (ii)    Any railroad or street railway police.
12                   (iii)    Any campus or university police department,
13             including the State System of Higher Education and its
14             member institutions.
15                   (iv)    The Capitol Police.
16                   (v)    The Harrisburg International Airport Police.
17                   (vi)    An airport authority police department.
18             (2)   A deputy sheriff of a county of the second class.
19             (3)   A security officer of a first class city housing
20      authority or a police officer of a second class city housing
21      authority.
22             (4)   A county park police officer.
23             (5)   Probation and parole officers.
24   The term excludes a person employed to check parking meters or
25   to perform only administrative duties and auxiliary and fire
26   police.
27      Section 5.         This act shall take effect in 60 days.




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