How SB 1489 changes current law

An Act amending Title 1 (General Provisions) of the Pennsylvania Consolidated Statutes, in rules of construction, providing for definition of antisemitism. · Pennsylvania

How this bill changes current law

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This bill establishes a statutory definition of antisemitism in Pennsylvania law.

  • 1 Pa.C.S. § 1992

    § 1992. Definition of antisemitism. (a) Definition.--When the term "antisemitism" is used but not defined in a statute or regulation: (1) The term shall mean, based on the definition and description of the term "antisemitism" adopted May 26, 2016, by the International Holocaust Remembrance Alliance, a certain perception of Jews, which may be expressed as hatred toward Jews. (2) The term includes a rhetorical or physical manifestation that meets any of the following conditions: (i) Is directed toward any of the following: (A) Jewish or non-Jewish individuals. (B) The property of Jewish or non-Jewish individuals. (C) Jewish community institutions. (D) Jewish religious facilities. (ii) Does any of the following: (A) Targets the state of Israel, conceived as a Jewish collectivity. (B) Charges Jews with conspiring to harm humanity. (C) Blames Jews for "why things go wrong." (iii) Is expressed in speech, writing, visual form or action. (iv) Employs sinister stereotypes or negative character traits. (3) The term includes any of the following in public life, the media, schools or workplaces, or in the religious sphere, taking into account the overall context: (i) Calling for, aiding or justifying the killing or harming of Jews in the name of a radical ideology or an extremist view of religion. (ii) Making mendacious, dehumanizing, demonizing or stereotypical allegations about Jews or the power of Jews as a collective, including the myth about a world Jewish conspiracy or of Jews controlling the media, economy, government or other societal institutions. (iii) Accusing Jews as a people of being responsible for real or imagined wrongdoing committed by a single Jewish person or group, or even for acts committed by non-Jews. (iv) Denying the fact, scope, mechanisms, including gas chambers, or intentionality of the genocide of the Jewish people at the hands of National Socialist Germany and its supporters and accomplices during the Holocaust during World War II. (v) Accusing the Jews as a people, or Israel as a state, of inventing or exaggerating the Holocaust. (vi) Accusing Jewish citizens of being more loyal to Israel, or to the alleged priorities of Jews worldwide, than to the interests of their own nations. (vii) Denying the Jewish people their right to self-determination, including by claiming that the existence of the state of Israel is a racist endeavor. (viii) Applying a double standard by requiring of the state of Israel a behavior not expected or demanded of any other democratic nation. (ix) Using any symbol or image associated with classic antisemitism, including a claim of Jews killing Jesus or blood libel, to characterize Israel or Israelis. (x) Drawing comparisons of contemporary Israeli policy to that of the Nazis. (xi) Holding Jews collectively responsible for actions of the state of Israel. (4) The term does not include criticism of Israel similar to that leveled against any other country. (b) Acts and discrimination.--In accordance with subsection (a): (1) A criminal act is antisemitic if a target of the criminal act is: (i) an individual or property, including a building, school, place of worship or cemetery; and (ii) selected because the target is, or is perceived to be, Jewish or linked to Jews. (2) Antisemitic discrimination is the denial to Jews of opportunities or services available to others. (c) Construction.--This section shall not be construed to: (1) Diminish or infringe upon any right protected under the First Amendment to the Constitution of the United States or the Constitution of Pennsylvania. (2) Conflict with Federal or State law regarding discrimination.

    This adds a new section defining antisemitism and its implications in Pennsylvania law.

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