HB 1902

PRIOR PRINTER'S NO. 2371  PRINTER'S NO.   3032
                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, STEELE, MADDEN,
   BRENNAN, ABNEY AND DALEY, SEPTEMBER 30, 2025
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
   REPRESENTATIVES, AS AMENDED, MARCH 19, 2026
                               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. SHALL BE  <--
23 CONSTRUED TO PROHIBIT, LIMIT OR OTHERWISE PUNISH A PERSON IN THE
24 FREE EXERCISE OR ENJOYMENT OF A RIGHT OR PRIVILEGE SECURED TO
25 THE PERSON BY THE CONSTITUTION OR LAWS OF THE UNITED STATES OR
26 THE CONSTITUTION OF PENNSYLVANIA OR LAWS OF THIS COMMONWEALTH.
27    (c)   Definition.--As used in this section "malicious
28 intention" means the intention to commit any act, the commission
29 of which is a necessary element of any offense referred to in
30 subsection (a) motivated by hatred toward the race, color,
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1 religion [or], national origin, ethnicity, ancestry, sex,
2 gender, gender identity, gender expression, sexual orientation
3 or disability of another individual or group of individuals.
4    Section 2.     Section 8309(a) of Title 42 is amended and the
5 section is amended by adding a subsection to read:
6 § 8309.    Civil rights violations.
7    (a)    Redress for personal injury.--[A person] An individual
8 who incurs injury to his or her person or damage or loss to his
9 or her property as a result of conduct described in 18 Pa.C.S. §
10 2710 (relating to [ethnic] hate-based intimidation) or 3307
11 (relating to institutional vandalism) shall have a right of
12 action [against the actor for] in a court of common pleas for a
13 preliminary or permanent injunction, damages or other
14 appropriate civil or equitable relief[.] against the actor, a
15 person who has solicited the actor to engage in the conduct and
16 a person who has knowingly attempted to provide or provided aid
17 to the actor with the intent that the actor engage in the
18 conduct. In the action, the issue of whether the defendant
19 engaged in the conduct alleged shall be determined according to
20 the burden of proof used in other civil actions for similar
21 relief. The plaintiff may seek recovery for any of the
22 following:
23(1)   General and special damages, including damages for
24    emotional distress. Damages under this paragraph shall be
25    actual damages or $500, whichever is greater.
26(2)   Punitive damages.
27(3)   Reasonable attorney fees and costs.
28(4)   Injunctive and other equitable relief.
29(5)   Such other relief which the court deems necessary
30    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. SHALL BE CONSTRUED TO PROHIBIT, LIMIT OR <--
8 OTHERWISE PUNISH A PERSON IN THE FREE EXERCISE OR ENJOYMENT OF A
9 RIGHT OR PRIVILEGE SECURED TO THE PERSON BY THE CONSTITUTION OR
10 LAWS OF THE UNITED STATES OR THE CONSTITUTION OF PENNSYLVANIA OR
11 LAWS OF THIS COMMONWEALTH.
12    Section 3.    Section 2162 of Title 53 is amended by adding a
13 definition to read:
14 § 2162.    Definitions.
15    The following words and phrases when used in this subchapter
16 shall have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18    * * *
19    "Hate-based intimidation."    An offense specified under 18
20 Pa.C.S. § 2710 (relating to hate-based intimidation).
21    * * *
22    Section 4.    Title 53 is amended by adding a section to read:
23 § 2173.    Annual officer training on hate-based intimidation.
24    (a)    Training.--The commission and the Pennsylvania State
25 Police shall consult with and incorporate feedback from relevant
26 community-based and faith-based stakeholders and groups, as well
27 as racial justice and legal stakeholders and groups, to develop
28 training under this section. After the consultation, the
29 commission and the Pennsylvania State Police shall, in
30 consultation with the Pennsylvania Human Relations Commission
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1 and the Attorney General, develop, implement and provide annual
2 training on hate-based intimidation to officers. The training
3 shall include, but not be limited to:
4(1)   Identification of hate-based intimidation.
5(2)   Methods to address hate-based intimidation.
6(3)   Reporting of hate-based intimidation.
7(4)   Hate-based intimidation recordkeeping.
8(5)   Any instruction deemed necessary in recognizing
9    enforcement-related bias.
10    (b)   Definitions.--As used in this section, the following
11 words and phrases shall have the meanings given to them in this
12 subsection unless the context clearly indicates otherwise:
13    "Officer."        Any of the following:
14(1)   A full-time or part-time employee assigned to
15    criminal or traffic law enforcement duties of any of the
16    following:
17(i)    A police department of a county, city, borough,
18town or township.
19(ii)    Any railroad or street railway police.
20(iii)    Any campus or university police department,
21including the State System of Higher Education and its
22member institutions.
23(iv)    The Capitol Police.
24(v)    The Harrisburg International Airport Police.
25(vi)    An airport authority police department.
26(2)   A deputy sheriff of a county of the second class.
27(3)   A security officer of a first class city housing
28    authority or a police officer of a second class city housing
29    authority.
30(4)   A county park police officer.
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1(5)   Probation and parole officers.
2 The term excludes a person employed to check parking meters or
3 to perform only administrative duties and auxiliary and fire
4 police.
5    Section 5.     This act shall take effect in 60 days.
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