SB 1027 — 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.   1189

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 1027
                                               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
 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
20   toward the race, color, religion [or], national origin,
 1   ethnicity, ancestry, sex, gender, gender identity, gender
 2   expression, sexual orientation or disability of another
 3   individual [or], group of individuals[, he commits an offense
 4   under any other provision of this article or] or a person with
 5   whom the individual or group is associated, the person commits a
 6   personal injury crime as defined in section 103 of the act of
 7   November 24, 1998 (P.L.882, No.111), known as the Crime Victims
 8   Act, which results in bodily injury, an offense under Chapter 33
 9   (relating to arson, criminal mischief and other property
10   destruction) [exclusive of section 3307 (relating to
11   institutional vandalism)] or an offense under section 3503
12   (relating to criminal trespass) with respect to such individual
13   or his or her property or with respect to one or more members of
14   such group or to their property.
15      * * *
16      (b.1)   Construction.--Nothing in this section may be
17   construed to prohibit, limit or punish religiously motivated
18   speech or conduct that is otherwise protected by the
19   Constitution of the United States, the Constitution of
20   Pennsylvania or the act of December 9, 2002 (P.L.1701, No.214),
21   known as the Religious Freedom Protection Act.
22      (c)   Definition.--As used in this section "malicious
23   intention" means the intention to commit any act, the commission
24   of which is a necessary element of any offense referred to in
25   subsection (a) motivated by hatred toward the race, color,
26   religion [or], national origin, ethnicity, ancestry, sex,
27   gender, gender identity, gender expression, sexual orientation
28   or disability of another individual or group of individuals.
29      Section 2.   Section 8309(a) of Title 42 is amended and the
30   section is amended by adding a subsection to read:

20250SB1027PN1189                  - 2 -
 1   § 8309.    Civil rights violations.
 2      (a)    Redress for personal injury.--[A person] An individual
 3   who incurs injury to his or her person or damage or loss to his
 4   or her property as a result of conduct described in 18 Pa.C.S. §
 5   2710 (relating to [ethnic] hate-based intimidation) or 3307
 6   (relating to institutional vandalism) shall have a right of
 7   action [against the actor for] in a court of common pleas for a
 8   preliminary or permanent injunction, damages or other
 9   appropriate civil or equitable relief[.] against the actor, a
10   person who has solicited the actor to engage in the conduct and
11   a person who has knowingly attempted to provide or provided aid
12   to the actor with the intent that the actor engage in the
13   conduct. In the action, the issue of whether the defendant
14   engaged in the conduct alleged shall be determined according to
15   the burden of proof used in other civil actions for similar
16   relief. The plaintiff may seek recovery for any of the
17   following:
18             (1)   General and special damages, including damages for
19      emotional distress. Damages under this paragraph shall be
20      actual damages or $500, whichever is greater.
21             (2)   Punitive damages.
22             (3)   Reasonable attorney fees and costs.
23             (4)   Injunctive and other equitable relief.
24             (5)   Such other relief which the court deems necessary
25      and proper.
26      * * *
27      (g)    Construction.--Nothing in this section may be construed
28   to prohibit, limit or punish religiously motivated speech or
29   conduct that is otherwise protected by the Constitution of the
30   United States, the Constitution of Pennsylvania or the act of

20250SB1027PN1189                        - 3 -
 1   December 9, 2002 (P.L.1701, No.214), known as the Religious
 2   Freedom Protection Act.
 3      Section 3.     Section 2162 of Title 53 is amended by adding a
 4   definition to read:
 5   § 2162.    Definitions.
 6      The following words and phrases when used in this subchapter
 7   shall have the meanings given to them in this section unless the
 8   context clearly indicates otherwise:
 9      * * *
10      "Hate-based intimidation."     An offense specified under 18
11   Pa.C.S. § 2710 (relating to hate-based intimidation).
12      * * *
13      Section 4.     Title 53 is amended by adding a section to read:
14   § 2173.    Annual officer training on hate-based intimidation.
15      (a)    Training.--The commission and the Pennsylvania State
16   Police shall consult with and incorporate feedback from relevant
17   community-based and faith-based stakeholders and groups, as well
18   as racial justice and legal stakeholders and groups, to develop
19   training under this section. After the consultation, the
20   commission and the Pennsylvania State Police shall, in
21   consultation with the Pennsylvania Human Relations Commission
22   and the Attorney General, develop, implement and provide annual
23   training on hate-based intimidation to officers. The training
24   shall include, but not be limited to:
25             (1)   Identification of hate-based intimidation.
26             (2)   Methods to address hate-based intimidation.
27             (3)   Reporting of hate-based intimidation.
28             (4)   Hate-based intimidation recordkeeping.
29             (5)   Any instruction deemed necessary in recognizing
30      enforcement-related bias.

20250SB1027PN1189                     - 4 -
 1      (b)    Definitions.--As used in this section, the following
 2   words and phrases shall have the meanings given to them in this
 3   subsection unless the context clearly indicates otherwise:
 4      "Officer."         Any of the following:
 5             (1)   A full-time or part-time employee assigned to
 6      criminal or traffic law enforcement duties of any of the
 7      following:
 8                   (i)    A police department of a county, city, borough,
 9             town or township.
10                   (ii)    Any railroad or street railway police.
11                   (iii)    Any campus or university police department,
12             including the State System of Higher Education and its
13             member institutions.
14                   (iv)    The Capitol Police.
15                   (v)    The Harrisburg International Airport Police.
16                   (vi)    An airport authority police department.
17             (2)   A deputy sheriff of a county of the second class.
18             (3)   A security officer of a first class city housing
19      authority or a police officer of a second class city housing
20      authority.
21             (4)   A county park police officer.
22             (5)   Probation and parole officers.
23   The term excludes a person employed to check parking meters or
24   to perform only administrative duties and auxiliary and fire
25   police.
26      Section 5.         This act shall take effect in 60 days.




20250SB1027PN1189                        - 5 -