HB 1904 — An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in sentencing, providing for sentencing for hate-based intimidation and for community impact statements.

PRINTER'S NO.   2373

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          HOUSE BILL
                          No. 1904
                                                 Session of
                                                   2025

     INTRODUCED BY FRANKEL, N. NELSON, BENHAM, HILL-EVANS, WAXMAN,
        PIELLI, HOHENSTEIN, DONAHUE, PROBST, RIVERA, MALAGARI,
        SANCHEZ, 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 Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in sentencing, providing
 3      for sentencing for hate-based intimidation and for community
 4      impact statements.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.      Title 42 of the Pennsylvania Consolidated
 8   Statutes is amended by adding sections to read:
 9   § 9720.9.      Sentencing for hate-based intimidation.
10      (a)   Condition of probation.--In addition to any other
11   penalties or fines imposed, a person who has been convicted of
12   an offense under 18 Pa.C.S. § 2710 (relating to hate-based
13   intimidation) may be required as a condition of probation to:
14            (1)    complete at least eight hours of educational
15      instruction relating to the community against whom the person
16      convicted has shown bias; or
17            (2)    complete at least eight hours of community service
18      in benefit to the community against whom the person has shown
 1         bias, provided that, from the perspective of the community
 2         affected, the community service will not increase the risk of
 3         further violence or intimidation against that community.
 4         (b)   Condition of parole.--A person convicted of an offense
 5   under 18 Pa.C.S. § 2710 may be required as a condition of parole
 6   to:
 7               (1)   complete at least eight hours of educational
 8         instruction relating to the community against whom the person
 9         convicted has shown bias; or
10               (2)   complete at least eight hours of community service
11         in benefit to the community against whom the person has shown
12         bias, provided that, from the perspective of the community
13         affected, the community service will not increase the risk of
14         further violence or intimidation against that community.
15   § 9739.      Community impact statements.
16         (a)   Submittal and consideration.--Representatives of a
17   community affected by a crime of which a defendant has been
18   convicted shall have the right to submit a community impact
19   statement prior to the imposition of a sentence on a defendant
20   who was convicted of violating 18 Pa.C.S. § 2710(a) (relating to
21   hate-based intimidation). A court shall, when available,
22   consider the community impact statement in determining the
23   appropriate sentence to be imposed on the defendant. If more
24   than one community is affected, representatives of each affected
25   community may submit statements under this section.
26         (b)   Prohibition.--During the trial of a defendant accused of
27   an offense, a court may not order the exclusion of an individual
28   from the trial on the basis that the individual may, during the
29   sentencing phase of the proceeding, do any of the following:
30               (1)   Make a community impact statement or present

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 1      community impact information in relation to the sentence to
 2      be imposed on the defendant.
 3            (2)   Testify as to the effect of the offense on the
 4      community.
 5      (c)   Contents.--A community impact statement may include the
 6   following:
 7            (1)   A summary of the harm, trauma or other physical or
 8      psychological effects suffered by the community or its
 9      members as a result of the defendant's crime.
10            (2)   A summary of the economic loss or damage suffered by
11      the community or its members as a result of the defendant's
12      crime.
13            (3)   The adverse social or economic effects of the
14      defendant's crime on the community or its members, including
15      individuals residing in and businesses operating in the
16      community.
17      (d)   Submission of statement.--Upon receipt of a community
18   impact statement by the court, the court shall immediately
19   provide copies of the community impact statement to counsel for
20   the prosecution and the defense.
21      (e)   Definitions.--As used in this section, the following
22   words and phrases shall have the meanings given to them in this
23   subsection unless the context clearly indicates otherwise:
24      "Community."    An informal or formal association or group of
25   people living, working, attending school or attending worship
26   services in the same judicial district or a contiguous judicial
27   district and sharing common interests arising from a social,
28   business, religious, governmental, scholastic or recreational
29   association or interaction.
30      "Community impact statement."        A written statement that

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1   provides information about the financial, social, emotional and
2   physical effects of a defendant's crime on a community.
3      Section 2.   This act shall take effect in 60 days.




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