HB 1968 — An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in particular rights and immunities, providing for personal rights; and prescribing penalties.

PRINTER'S NO.   2483

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1968
                                               Session of
                                                 2025

     INTRODUCED BY PIELLI, FRIEL, WAXMAN, WEBSTER, HOHENSTEIN,
        HOWARD, GUZMAN, MAYES, KINKEAD, HILL-EVANS, RIVERA, RABB,
        SCHLOSSBERG, SANCHEZ, SCHWEYER, WARREN, GREEN, FIEDLER,
        CEPEDA-FREYTIZ, DALEY, MALAGARI, CEPHAS, GUENST, ISAACSON AND
        SHUSTERMAN, OCTOBER 17, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 17, 2025


                                    AN ACT
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in particular rights and
 3      immunities, providing for personal rights; and prescribing
 4      penalties.
 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 a section to read:
 9   § 8309.1.   Personal rights.
10      (a)   Prohibition.--A person, whether or not acting under
11   color of law, may not interfere by threat, intimidation or
12   coercion, or attempt to interfere by threat, intimidation or
13   coercion, with the exercise or enjoyment by an individual of a
14   right secured by the Constitution of the United States, the
15   Constitution of Pennsylvania, the laws of the United States or
16   the laws of this Commonwealth.
17      (b)   Civil action by district attorney or Attorney General.--
 1          (1)   In the event of an alleged violation of subsection
 2    (a), the district attorney of the county in which the
 3    violation allegedly occurred or the Attorney General, after
 4    consulting with the district attorney, may bring a civil
 5    action to protect the exercise or enjoyment of the right
 6    described under subsection (a).
 7          (2)   A civil action under this subsection may seek either
 8    or both of the following:
 9                (i)    Injunctive or other appropriate equitable
10          relief.
11                (ii)    A civil penalty not exceeding $25,000. If
12          awarded, the civil penalty shall be:
13                       (A)   Assessed individually against each person
14                determined to have violated subsection (a).
15                       (B)   Awarded to each individual who was not able
16                to exercise or enjoy the right described under
17                subsection (a).
18    (c)   Civil action by individual.--
19          (1)   In the event of an alleged violation of subsection
20    (a), an individual who allegedly was not able to exercise or
21    enjoy the right described under subsection (a) may bring a
22    civil action in the name and on behalf of the individual to
23    protect the exercise or enjoyment of the right.
24          (2)   A civil action under this subsection may seek any
25    one or combination of the following:
26                (i)    Damages.
27                (ii)    Injunctive or other appropriate equitable
28          relief.
29                (iii)    Declaratory relief.
30                (iv)    Reasonable attorney fees.

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 1      (d)   Venue.--
 2            (1)   Except as provided in paragraph (2), a civil action
 3      brought under subsection (b) or (c) shall be filed in the
 4      court of common pleas of the county in which:
 5                  (i)    the violation allegedly occurred; or
 6                  (ii)    the person alleged to have committed the
 7            violation resides, is employed on a regular basis or has
 8            a place of business.
 9            (2)   A civil action brought by the Attorney General in
10      accordance with subsection (b) may be filed in the court of
11      common pleas of any county in this Commonwealth, in which
12      case the jurisdiction of the court shall extend throughout
13      this Commonwealth.
14      (e)   Injunctive relief.--
15            (1)   If, in a civil action brought in accordance with
16      subsection (b) or (c), a court issues an order granting
17      injunctive relief in which a defendant is ordered to refrain
18      from certain conduct or activities, the order must contain
19      the following statement: "VIOLATION OF THIS ORDER IS A
20      CRIMINAL OFFENSE."
21            (2)   A willful and knowing violation of an order
22      described in paragraph (1) shall be:
23                  (i)    Except as provided in subparagraph (ii), a
24            misdemeanor of the third degree.
25                  (ii)    A misdemeanor of the second degree if bodily
26            injury results from the violation.
27      (f)   Likely acts of violence.--If the court determines that
28   an act of violence is likely to occur either against the
29   individual who prevailed in the civil action under this section
30   or otherwise, the court shall direct the individual or the clerk

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 1   of the court to provide a copy of the order as soon as
 2   practicable to each law enforcement agency having jurisdiction
 3   over the residence of the individual or over any other location
 4   where the act of violence is likely to occur, as designated by
 5   the individual. Each designated law enforcement agency shall
 6   provide, to any law enforcement officer responding to the scene
 7   of a reported act of violence, information as to the existence,
 8   terms and current status of the order.
 9      (g)   Attorney fees.--In addition to any damages, injunctive
10   or other appropriate equitable relief or declaratory relief
11   awarded in a civil action brought in accordance with subsection
12   (c), the court may, upon request or sua sponte, award the
13   plaintiff reasonable attorney fees.
14      (h)   Nonexclusivity.--The filing of a civil action under this
15   section, and any civil penalty, damages, injunctive or other
16   appropriate equitable relief, declaratory relief or attorney
17   fees ordered as a result of the civil action, shall not preclude
18   filing any other action or seeking any other remedy available
19   under Federal or State law.
20      (i)   Speech.--Speech alone is not sufficient to support an
21   action brought in accordance with subsection (b) or (c), except
22   upon a showing that all of the following apply:
23            (1)   The speech itself threatens violence against a
24      specific individual or group of individuals.
25            (2)   The individual or group of individuals against whom
26      the threat is directed reasonably fears that, because of the
27      speech, violence will be committed against the individual or
28      group of individuals or the property of the individual or
29      group of individuals.
30            (3)   The person threatening violence had the apparent

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 1      ability to carry out the threat.
 2      (j)   Limitations on orders.--The following apply to an order
 3   issued in a civil action under this section:
 4            (1)   The order may not restrict the content of any
 5      person's speech.
 6            (2)   If an order restricts the time, place or manner of
 7      any person's speech, the order may do so only to the extent
 8      reasonably necessary to protect the peaceable exercise or
 9      enjoyment of constitutional or statutory rights, consistent
10      with the constitutional or statutory rights of the defendant.
11      (k)   Waiver prohibited.--The provisions of this section,
12   including rights, penalties, remedies, forums and procedures,
13   may not be waived by contract.
14      (l)   Sovereign immunity.--The sovereign immunity provisions
15   of Chapter 85 (relating to matters affecting government units)
16   shall not apply to a cause of action brought in accordance with
17   this section against a peace officer or a governmental entity
18   that employs a peace officer.
19      (m)   Definitions.--As used in this section, the following
20   words and phrases shall have the meanings given to them in this
21   subsection unless the context clearly indicates otherwise:
22      "Peace officer."    As defined in 18 Pa.C.S. § 501 (relating to
23   definitions).
24      Section 2.    This act shall take effect in 60 days.




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