Pennsylvania’s Ethnic Intimidation Law Struck Down

by | Aug 31, 2008

The Pennsylvania Superme Court has affirmed and adopted the Pennsylvania Commonwealth Court’s 2007 decision in Marcavage v. Rendell, striking down Pennsylvania’s Ethnic Intimidation Law, 18 Pa.C.S. 2710. The ethnic intimidation law was struck down as a violation of Article III, Section 1 of the Pennsylvania Constitution, which requires that “[n]o law shall be passed except by bill, and no bill shall be altered or amended, on its passage through either House, as to change its original purpose.” The original version of House Bill 1493, ultimately enacted as Act. 143 of 2002, was created to criminalize crop destruction, and not to create a new crime for commiting an offense with malicious intent toward certain classifications of people.

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