HB 1905 — 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.

PRINTER'S NO.   2374

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1905
                                               Session of
                                                 2025

     INTRODUCED BY FRANKEL, N. NELSON, BENHAM, HILL-EVANS, WAXMAN,
        PIELLI, HOHENSTEIN, DONAHUE, PROBST, RIVERA, BOYD, MALAGARI,
        SANCHEZ, HADDOCK, BOROWSKI, SHUSTERMAN, CEPEDA-FREYTIZ,
        SCHLOSSBERG, INGLIS, TAKAC, ABNEY, HANBIDGE, STEELE AND
        GUENST, SEPTEMBER 30, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 30, 2025


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

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 1    (a)   Redress for personal injury.--[A person]
 2          (1)   An individual who incurs injury to his or her person
 3    or damage or loss to his or her property as a result of
 4    conduct described in 18 Pa.C.S. § 2710 (relating to [ethnic]
 5    hate-based intimidation) or 3307 (relating to institutional
 6    vandalism) shall have a right of action [against the actor
 7    for] in a court of common pleas for preliminary or permanent
 8    injunction, damages or other appropriate civil or equitable
 9    relief[.] against all of the following:
10                (i)    The actor.
11                (ii)    A person who has solicited the actor to engage
12          in the conduct.
13                (iii)    A person who has knowingly attempted to
14          provide or provided aid to the actor with the intent that
15          the actor engage in the conduct.
16          (2)   In the action, the issue of whether the defendant
17    engaged in the conduct alleged shall be determined according
18    to the burden of proof used in other civil actions for
19    similar relief.
20          (3)   The plaintiff may seek recovery for any of the
21    following:
22                [(1)] (i)     General and special damages, including
23          damages for emotional distress. Damages under this
24          paragraph shall be actual damages or $500, whichever is
25          greater.
26                [(2)] (ii)     Punitive damages.
27                [(3)] (iii)     Reasonable attorney fees and costs.
28                [(4)] (iv)     Injunctive and other equitable relief.
29                [(5)] (v)     Such other relief which the court deems
30          necessary and proper.

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1      * * *
2      (g)   Construction.--Nothing in this section may be construed
3   to prohibit, limit or punish religiously motivated speech or
4   conduct that is otherwise protected by the Constitution of the
5   United States, the Constitution of Pennsylvania or the act of
6   December 9, 2002 (P.L.1701, No.214), known as the Religious
7   Freedom Protection Act.
8      Section 3.   This act shall take effect in 60 days.




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