Senate Bill 634 Printer's Number 639

PENNSYLVANIA, April 14 - (2) Chapter 33 (relating to arson, criminal mischief and

other property destruction), except for section 3307

(relating to institutional vandalism).

(3) Section 3503 (relating to criminal trespass).

(b) Grading.--An offense under this section shall be

classified as a misdemeanor of the third degree if the other

offense is classified as a summary offense. If the other offense

is not classified as a summary offense, an offense under this

section shall be classified one degree higher in the

classification specified under section 106 (relating to classes

of offenses) than the classification of the other offense.

(c) Sentencing enhancement.--The Pennsylvania Commission on

Sentencing, in accordance with 42 Pa.C.S. § 2154 (relating to

adoption of guidelines for sentencing), shall provide for a

sentencing enhancement for courts to consider in cases involving

hate crimes against law enforcement officers or first

responders.

(d) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"First responder." A firefighter or emergency medical

services personnel.

"Law enforcement officer." The term shall have the same

meaning as the term "peace officer" is given under section 501

(relating to definitions).

"Malicious intent." The intent to commit an act, the

commission of which is a necessary element of an offense

referred to under subsection (a), motivated by hatred toward the

actual or perceived employment as a law enforcement officer or

first responder.

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