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.

PRIOR PRINTER'S NO.

2374 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

3033 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

NELSON, BENHAM, HILL-EVANS, WAXMAN, PIELLI, HOHENSTEIN, DONAHUE, PROBST, RIVERA, BOYD, MALAGARI, SANCHEZ, HADDOCK, BOROWSKI, SHUSTERMAN, CEPEDA-FREYTIZ, SCHLOSSBERG, INGLIS, TAKAC, ABNEY, HANBIDGE, STEELESTEELE, AND GUENST, SEPTEMBERK. 30, 2025 REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 30, 2025 AN ACT Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated ethnic intimidation;

and,HARRIS, inMADDEN, particularBRENNAN, rightsDALEY andfenseAND SALISBURY, SEPTEMBER 30, 2025 AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 19, 2026 AN ACT AmeJudicial Procedure) of immunities,the Pennsylvania Consolidatedary and Statutes, in assault, further prohibitingproviding civilfor rightsthe violations.offense of ethnic intimidation;

and, in particular rights and immunities, further prohibiting civil rights violations.

* * * (b.1) Construction.--Nothing in this section may be <-- construed to prohibit, limit or punish religiously motivated speech or conduct that is otherwise protected by the Constitution of the United States, the Constitution of Pennsylvania or the act of December 9, 2002 (P.L.1701, No.214), known as the Religious Freedom Protection Act.

(c)SHALL Definition.--AsBE used<-- inCONSTRUED thisTO sectionPROHIBIT, "maliciousLIMIT intention"OR meansOTHERWISE thePUNISH intentionA toPERSON commitIN anyTHE act,FREE theEXERCISE commissionOR ofENJOYMENT whichOF isA aRIGHT necessaryOR elementPRIVILEGE ofSECURED anyTO offenseTHE referredPERSON toBY inTHE subsectionCONSTITUTION (a)OR motivatedLAWS byOF hatredTHE towardUNITED theSTATES race,OR color,THE religion,CONSTITUTION ethnicity,OF ancestry,PENNSYLVANIA sex,OR gender,LAWS genderOF identity,THIS genderCOMMONWEALTH. expression, sexual orientation, disability or national origin of another individual or group of individuals.

(c) Definition.--As used in this section "malicious intention" means the intention to commit any act, the commission of which is a necessary element of any offense referred to in subsection (a) motivated by hatred toward the race, color, religion, ethnicity, ancestry, sex, gender, gender identity, 20250HB1905PN3033 - 2 - gender expression, sexual orientation, disability or national origin of another individual or group of individuals.

20250HB1905PN2374 - 2 - (a) Redress for personal injury.--[A person] (1) An individual who incurs injury to his or her person or damage or loss to his or her property as a result of conduct described in 18 Pa.C.S.

20250HB1905PN3033 - 3 - [(2)] (ii) Punitive damages.

20250HB1905PN2374 - 3 - * * * (g) Construction.--Nothing in this section may be construed <-- to prohibit, limit or punish religiously motivated speech or conduct that is otherwise protected by the Constitution of the United States, the Constitution of Pennsylvania or the act of December 9, 2002 (P.L.1701, No.214), known as the Religious Freedom Protection Act.

SHALL BE CONSTRUED TO PROHIBIT, LIMIT OR <-- OTHERWISE PUNISH A PERSON IN THE FREE EXERCISE OR ENJOYMENT OF A RIGHT OR PRIVILEGE SECURED TO THE PERSON BY THE CONSTITUTION OR LAWS OF THE UNITED STATES OR THE CONSTITUTION OF PENNSYLVANIA OR LAWS OF THIS COMMONWEALTH.

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