Pennsylvania 2023-2024 Regular Session

Pennsylvania House Bill HB1026

Introduced
4/25/23  
Refer
4/25/23  

Caption

In sentencing, providing for sentencing for hate-based intimidation and for community impact statements.

Impact

The introduction of community impact statements aims to give a voice to communities affected by hate crimes, allowing for a more comprehensive understanding of the crime's repercussions during sentencing. This change marks a significant shift in Pennsylvania's judicial practices, emphasizing the need to address the societal implications of hate-based offenses. The requirement for educational programs or community service seeks to facilitate rehabilitation while fostering better community relations, which may help prevent future incidents of hate and violence.

Summary

House Bill 1026 amends Title 42 of the Pennsylvania Consolidated Statutes to introduce provisions for sentencing concerning hate-based intimidation and the incorporation of community impact statements. The bill stipulates that courts must consider the effects of crimes on affected communities when determining sentences for hate-based offenses. Individuals convicted under Pennsylvania's ethnic hate-based intimidation laws may also have conditions of probation or parole that require educational instruction or community service tailored to positively impact the community they have harmed.

Sentiment

The sentiment surrounding HB 1026 appears to be generally supportive, particularly among advocates for community protection and rehabilitation. Supporters argue that the bill is a crucial step towards acknowledging the broader damage inflicted by hate crimes, not just on the immediate victims but on the entire community. However, some opponents raise concerns about the potential implications of expanded judicial discretion and how these changes might affect the justice process for defendants, highlighting a need for a thorough examination of the bill's long-term effects.

Contention

A notable point of contention revolves around the balance of judicial discretion versus community input, as the bill could lead to disputes over what constitutes a significant community impact. Opponents may argue that the consideration of community statements could inadvertently bias sentencing or complicate the judicial process. Critics may also express concerns regarding the feasibility and actual effectiveness of community service requirements in deterring hate crimes, questioning whether these measures adequately address the root causes of such behaviors.

Companion Bills

No companion bills found.

Previously Filed As

PA SB648

In sentencing, providing for sentencing for hate-based intimidation and for community impact statements.

PA HB1024

In assault, further providing for 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.

PA HB1503

In sentencing, further providing for sentencing generally.

PA SB649

In assault, further providing for ethnic intimidation; in employees, further providing for definitions and providing for police officer training on hate-based intimidation; and making an editorial change.

PA HB1909

In sexual offenses, further providing for the offense of rape and for the offense of involuntary deviate sexual intercourse; and, in sentencing, providing for sentencing procedure for rape of a child and involuntary deviate sexual intercourse with a child and further providing for sentences for offenses against infant persons.

PA SB838

In sentencing, further providing for order of probation, for conditions of probation and for modification or revocation of order of probation and providing for probation review conference.

PA HB849

In falsification and intimidation, providing for the offense of failure to comply with child abuse offender registration requirements; in sentencing, providing for registration of child abuse offenders; and imposing penalties.

PA HB3762

FIRST DEGREE MURDER-SENTENCING

PA SB600

In authorized disposition of offenders, further providing for sentence for murder, murder of unborn child and murder of law enforcement officer; in arson, criminal mischief and other property destruction, further providing for the offense of arson and related offenses; and, in sentencing, further providing for sentencing procedure for murder of the first degree.

PA HB1188

In judicial boards and commissions, further providing for powers and duties of Pennsylvania Commission on Sentencing; and providing for demographic impact statements in consideration of legislation relating to crimes, offenses and sentencing.

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