Ethnic Intimidation - PA Bill 1493 Passed 12/02

The PA House of Representatives web page ^ | self

[bets]

The PA Bill passed Dec 2002:

*** ETHNIC INTIMIDATION ***

An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, further providing for ethnic intimidation.

Signed in House, Nov. 26, 2002
Signed in Senate, Nov. 26, 2002
In hands of the Governor, Dec. 2, 2002
Last day for action, Dec. 30, 2002
Approved by the Governor, Dec. 3, 2002

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL
No. 1493 Session of 2001

INTRODUCED BY L. I. COHEN, CALTAGIRONE, CAPPABIANCA, GRUCELA, HARHAI, HORSEY, JAMES, KIRKLAND, LAUGHLIN, McILHINNEY, PRESTON, ROSS, SHANER, J. TAYLOR, TIGUE, WALKO, YOUNGBLOOD, C. WILLIAMS, FRANKEL, JOSEPHS, STETLER, LEDERER, MANDERINO, CORNELL, BISHOP, BUXTON, BROWNE, NICKOL, ROEBUCK, OLIVER, M. COHEN, D. EVANS, THOMAS, WATERS, BOYES, VEON, ROONEY, BEBKO- JONES, FREEMAN, MUNDY, MANN, WASHINGTON, ROBINSON, G. WRIGHT, PALLONE, J. WILLIAMS, McGILL, CURRY, SANTONI, BELFANTI, TRICH, DALEY AND DIVEN, MAY 2, 2001

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 21, 2001

AN ACT

1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, further providing for ETHNIC
5 INTIMIDATION.

6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 2710 of Title 18 of the <--

9 Pennsylvania Consolidated Statutes is amended to read:
23 § 2710. ETHNIC INTIMIDATION. <--
24 (A) OFFENSE DEFINED.--A PERSON COMMITS THE OFFENSE OF ETHNIC
25 INTIMIDATION IF, WITH MALICIOUS INTENTION TOWARD THE ACTUAL OR
26 PERCEIVED RACE, COLOR, RELIGION [OR], NATIONAL ORIGIN, ANCESTRY,
27 MENTAL OR PHYSICAL DISABILITY, SEXUAL ORIENTATION, GENDER OR
28 GENDER IDENTITY OF ANOTHER INDIVIDUAL OR GROUP OF INDIVIDUALS,
29 HE COMMITS AN OFFENSE UNDER ANY OTHER PROVISION OF THIS ARTICLE
30 OR UNDER CHAPTER 33 (RELATING TO ARSON, CRIMINAL MISCHIEF AND

1 OTHER PROPERTY DESTRUCTION) EXCLUSIVE OF SECTION 3307 (RELATING
2 TO INSTITUTIONAL VANDALISM) OR UNDER SECTION 3503 (RELATING TO
3 CRIMINAL TRESPASS) OR UNDER SECTION 5504 (RELATING TO HARASSMENT
4 BY COMMUNICATION OR ADDRESS) WITH RESPECT TO SUCH INDIVIDUAL OR
5 HIS OR HER PROPERTY OR WITH RESPECT TO ONE OR MORE MEMBERS OF
6 SUCH GROUP OR TO THEIR PROPERTY.
7 (B) GRADING.--AN OFFENSE UNDER THIS SECTION SHALL BE
8 CLASSIFIED AS A MISDEMEANOR OF THE THIRD DEGREE IF THE OTHER
9 OFFENSE IS CLASSIFIED AS A SUMMARY OFFENSE. OTHERWISE, AN
10 OFFENSE UNDER THIS SECTION SHALL BE CLASSIFIED ONE DEGREE HIGHER
11 IN THE CLASSIFICATION SPECIFIED IN SECTION 106 (RELATING TO
12 CLASSES OF OFFENSES) THAN THE CLASSIFICATION OF THE OTHER
13 OFFENSE.
14 (C) DEFINITION.--AS USED IN THIS SECTION "MALICIOUS
15 INTENTION" MEANS THE INTENTION TO COMMIT ANY ACT, THE COMMISSION
16 OF WHICH IS A NECESSARY ELEMENT OF ANY OFFENSE REFERRED TO IN
17 SUBSECTION (A) MOTIVATED BY HATRED TOWARD THE ACTUAL OR
18 PERCEIVED RACE, COLOR, RELIGION OR NATIONAL ORIGIN, ANCESTRY,
19 MENTAL OR PHYSICAL DISABILITY, SEXUAL ORIENTATION, GENDER OR
20 GENDER IDENTITY OF ANOTHER INDIVIDUAL OR GROUP OF INDIVIDUALS.
21 Section 2. This act shall take effect immediately. <--

[bets]

An excerpt of what Web-Ministry.com said about it before it passed:
" IMPACT: Since the bill does not exempt religious organizations, it could silence Pennsylvania pastors and subject those who dare to speak out on issues of human sexuality to lawsuits or worse! Plus, this bill would set a precedent for similar laws in other states!"

This is very important - here we are wagging our heads at the possibility that Canada will pass such a law in the fall, and here in our own republic we've already passed legislation that makes it illegal to preach parts of the Bible from the pulpit. Will it be enforced? In principle, does it matter?

[bimbo]

This is very important - here we are wagging our heads at the possibility that Canada will pass such a law in the fall, and here in our own republic we've already passed legislation that makes it illegal to preach parts of the Bible from the pulpit. Will it be enforced? In principle, does it matter?

This is unconstitutional and will never be implemented.

[Sunnyvale CA Eng.]

Will it be inforced? Sure, President Hillary's all new and improved Dept. of Homeland Security, Diminishing Freedoms, and Political Retribution will be very interested in enforcing this...for the children...

[bets]

Things like this can sit dormant until an opportune time to lower the hammer. Even if it's not currently enforced, it's a time bomb, and it opens the door to other states following.

Know that this came from the pressure of the gay community in Philadelphia, the city of brotherly love.

[bets]

"....HARASSMENT BY COMMUNICATION OR ADDRESS...MOTIVATED BY HATRED TOWARD THE ACTUAL OR PERCEIVED...SEXUAL ORIENTATION, GENDER OR GENDER IDENTITY OF ANOTHER INDIVIDUAL OR GROUP OF INDIVIDUALS."

A sermon w/scriptures from the Bible on homosexuality would constitute "communication or address," and whether it's out of love or hatred - you and I both know that the liberal left always interprets preaching as hatred (when it can and should be done in love). So, such preaching will be considered intentional hate offenses towards homosexuals, and now it can by law be forbidden.

Is there a fine, jail time? I don't know. Is it Constitutional? - certainly not, and it MUST BE STRUCK DOWN, REVERSED. This can't remain on the books. I'm no longer a resident of PA - all PA Freepers need to consider how to communicate their outrage to their reps.

[Evil Inc]

Being unconstitutional is no longer a sure protection. We must ensure laws like this never get passed, or sure as gay rights they will be foisted on us by a diverse minded SCOTUS. Like the one now that thinks diversity is more important than constitutional guarantees.

[sgtbono2002]

I would assume the uttering of the politically incorrect term for whomsoever you happen to be speaking of could put you in violation. In other words saying fag instead of gay or colored instead of black could get you arrested.

[End Times Sentinel]

Just posted this to the PA Board.  Not sure how we missed it.

 

At first I was stunned by this, until I read the names on the bill.  Babette Freakin' Josephs, Dwight Evans...

Owl_Eagle

”Guns Before Butter.”

[bets]

Just like all hate crimes, they're trying to legislate thought - differences in words, like you said, and a percepion of "hatred."

What's ironic is that when preached correctly, the Bible creates a LOVE offense, not a HATE offense. So they totally have it backwards. Ain't that the way satan works?... backwards!

[A_perfect_lady]

A sermon w/scriptures from the Bible on homosexuality would constitute "communication or address," and whether it's out of love or hatred -

Well, I think it said "exclusive of" and listed, among other things, the "communication or address." Because otherwise, freedom of speech is GONE. All you'd have to do is mutter "bitch" at someone and be guilty of communication motivated by gender.

But this, if it does pass, could really backfire on folks. After all, any interracial robbery could be prosecuted as a hate crime. An enterprising lawyer could make a killing

[bets]

...But this, if it does pass, could really backfire...

Unfortunately, it did pass. I think we all heard about it AFTER the fact.

Could someone(s) from PA tell us if this was a buried story back in Nov/Dec '02, which I suspect it was?

[MissAmericanPie]

At least you are awake. There are time bombs being placed here and there. The Patriot Act, the ICC court, hate crimes, all leading to events foretold thousands of years ago.

"When you are brought before their court, and magistrates for my name's sake, take no thought as to what you will say, for the Holy Spirit will give you what to answer in that same hour". Jesus Christ

"Fear none of those things which thou shalt suffer: behold, the devil shall cast some of you in prison, that ye may be tried; and ye shall have tribulation ten days: be thou faithful unto death, and I will give thee a crown of life". Jesus Christ

"And I saw the souls of those beheaded for their testimony of Jesus, who did not accept the mark of the beast." John

"And I saw, as it were, a sea of glass, mingled with fire: and them that had gotten the victory over the beast, and over his image, and over his mark, and over the number of his name, stand on the sea of glass, having the harps of God". John

[bets]

I've already had trouble "buying and selling" because I wouldn't use an id card (no grocery discount card), and just using cash -- which of course is a Revelation prophecy, where one must have the "number of the beast or the number of his own name" in order to buy or sell (paraphrasing). Now how did the culture from almost 2000 yrs ago know about needing your "number" to buy and sell?....divine prophecy...

So if that's divine prophecy, then you can understand how it enforces for today the scriptures you just listed about being persecuted for His Name sake and for His Word.

But that's a whole 'nother topic.

[bets]

ping...to some PA Freepers

[Noachian]

"...here in our own republic we've already passed legislation that makes it illegal to preach parts of the Bible from the pulpit.

This bill has so much in it that makes it unconstitutional, and should be tested in the courts as soon as possible.

The courts are quick to jump on any display of religion in public places, but thinks nothing of passing legislation that controls religious thought. This presents a double standard that is forbidden by the first amendment.

If religion is to be free of governmental restraints it must stand up to government controls or there will be no religious freedoms.

[bets]

Is this just a job for the PA Freepers, or since it's really a Constitutional matter, can the rest of us contact our state's congressmen? How does one go about fighting this unless a resident of that state?

[drella8566]

bump!

[Noachian]

Is this just a job for the PA Freepers, or since it's really a Constitutional matter, can the rest of us contact our state's congressmen? How does one go about fighting this unless a resident of that state?

Since it's a state bill any effective protests against it must come from inside the state. That's a job for PA Freepers "at the moment."

It's also a constitutional matter that will spread to the other states if it's not stopped in PA, so that makes it a job for all Freepers.

One way of fighting this infringement is for the PA Freepers to take the lead in campaigning against it to both their State Legislature and State Executive. Freepers in the rest of the states fight a "preemption" battle at their state legislature and executive levels to head off any such bill coming to their state.

Whether the bill stays as it is in PA or is withdrawn the rest of the States Legislatures, Judiciaries, and Executive branches will have been put on notice that they cannot infringe on religious freedoms without a fight that will cost them dearly at the voting booth.

All that's needed is for Freepers to organize, and make waves. If you can get them to do that the hardest part is over.

[Badray]

bets

We fought against this to no avail. Everyone was too afraid of being accused of insensitivity to vote against it. It was then signed into law by that great Republican care-taker Governor 'QueCreek Mine' Schweiker who was the lieutenant governor until Herr Ridge went on to be the Oberfuhrer of the Fatherland Security Department.

[bets]

Maybe the timing to oppose it is better now. Sometimes after the dust settles, you can get them to take action, while they're out of the limelight? We can't just let this one rest. I appreciate that you probably fought hard and good - so thanks.