PHILADELPHIA POLICE DEPARTMENT
Issued Date: 09-25-09
Effective Date: 09-25-09
DIRECTIVE 8.4
Updated Date:
SUBJECT: REPORTING AND INVESTIGATING BIAS INCIDENTS
1.
POLICY
A. It is the policy of the Philadelphia Police Department to ensure that rights guaranteed
by federal, state and local law are protected for all citizens regardless of their actual or
perceived race, ethnicity, gender, sex, sexual orientation, age, disability or religion.
When such rights are infringed upon by violence, threats or other harassment, the
Department will be vigilant in its efforts to rapidly and decisively identify the
perpetrators, arrest them, and bring them before the court. All acts of violence or
threats, including bias-related incidents, will be viewed as serious, and the
investigations will be given priority attention. Such acts generate fear and concern
among victims and result in loss of public confidence.
B. The Detective Division of occurrence will be responsible for the investigation of bias
incidents, where the primary motivation for the commission of a crime can be traced
to discrimination of any nature. The Victim Services Unit will provide assistance
as needed.
C. Although a criminal act motivated by the sexual orientation of an individual is not
covered under Section §2710 “Ethnic Intimidation” of the Pennsylvania Crimes Code
(PCC) , it will still be the policy of the Department to investigate all criminal acts
motivated by such orientation.
D. It is important to recognize that most incidents between different individuals or groups
are NOT the result of hostility based on one of the above-mentioned affiliations.
simply because two combatants are of different racial groups, for example, does not
automatically mean that ethnic intimidation has occurred. Additionally, individuals
of the same religion, ethnic or racial groups can also be involved in bias incidents.
E. Where appropriate, the charge of Ethnic Intimidation (§2710 PCC) will be added
to other charges lodged against a defendant.
F. Victims of offenses which are misdemeanors that are determined to be bias incidents or
ethnic intimidation as defined herein are not to be referred to the District Attorney's
Intake Unit for private criminal complaints. They will be investigated by Departmental
personnel and when appropriate prosecuted by the District Attorney’s Office.
DIRECTIVE 8.4 - 1
2.
DEFINITIONS
A. Bias Incident - any incident committed against a person or property which is motivated
by malicious intention because of a person's actual or perceived race, ethnicity,
religion, national origin, gender, sex or sexual orientation.
B. Ethnic Intimidation (as defined by State Law PCC 2710) - with malicious intention, an
individual or group of individuals commits an underlying offense motivated by hatred
toward the race, color, religion or national origin of another individual or group of
individuals. (See Appendix "A", Ethnic Intimidation Underlying Offenses.)
1. The difference between the bias incident and ethnic intimidation is predicated on
the Federal and State statutes. Sexual orientation is not covered under state law, but
must be reported to the Federal Government through the Uniform Crime Reporting
(UCR) System.
3.
DETERMINING WHETHER AN INCIDENT IS A BIAS INCIDENT OR ETHNIC
INTIMIDATION
A. Because motivation is subjective, it is difficult to know with certainty if a crime was the
result of the offender's bias. However, while no single fact may be conclusive, facts
such as the following, particularly when combined, are supportive of a finding of bias
and may help define motivation:
1. The offender and the victim were of different racial, religious, color, ethnic origin
or sexual orientation group. For example, the victim was Asian and the offender
was Latino.
2. Bias-related oral comments, written statements or gestures were made by the
offender, which indicate their bias. For example, the offender shouted a racial
epithet at a victim.
NOTE: Name calling alone is not a crime.
3. Bias-related drawings, markings, symbols, or graffiti were left at the crime scene.
For example, a swastika was painted on the door of a member of the Jewish
community.
4. Several incidents have occurred in the same locality, at or about the same time, and
the victims are all of the same racial, religious, color, national origin or sexual
orientation group.
DIRECTIVE 8.4 - 2
5. The offender was previously involved in a similar hate crime or is a member of a
hate group.
6. Offender has hate inspired tattoos, literature, or is dressed in regalia representing a
hate group.
B. Actual or perceived - The key element of these offenses is the subjective state of mind
of the perpetrator, that is, the offenses were committed because the perpetrator believed
that the victim was a member of a group enumerated in Section 1-A of this Directive.
The provisions of this Directive shall apply even where the victim, in fact, does not
belong to that group.
4.
PROCEDURE
A Where it appears to the first officer on the scene that an incident is the result of hostility
between individuals or groups whose primary motivation results from the difference in
race, ethnicity, gender, sex, age, disability, religion, or sexual orientation, that officer
will:
1. Request the presence of a supervisor and notify Police Radio.
2. Take appropriate police action and adhere to Directive 4.1, "Responsibilities at a
Crime Scene."
3. Confer with the supervisor to determine the cause of the incident.
4. The responding supervisor will make a determination as to whether the incident
meets the definition of a Bias Incident or Ethnic Intimidation.
5. Notify Police Radio Operations Desk providing pertinent information so that
Radio Room personnel can make all necessary notifications.
6. Prepare a 75-48 (Complaint/Incident Report), which reflects the details of the
incident. Do not hesitate to include the exact language or explicit description of the
events, which have resulted in ethnic intimidation. Also, include color and size of
any graffiti, type of injury, and treatment, if any.
7. Notify Detective Division of occurrence when the incident appears to involve
ethnic intimidation.
DIRECTIVE 8.4 - 3
B. The Detective Division of occurrence will be responsible for the investigation
and submission of all pertinent Department reports on incidents of ethnic intimidation,
exceptions are homicides and sexual offenses. In these cases Detective Division of
occurrence will assist the Homicide unit or the Special Victims Unit, who will have the
primary responsibility for those investigations. Responsible Investigative Unit will also
notify the following units/agencies:
1. Victim Services Unit (685-xxxx)
2. Philadelphia Commission on Human Relations
3. District of occurrence
NOTE: During normal business hours (Monday - Friday, 9:00 a.m. to 5:00 p.m.)
notifications should be made to the Deputy Director, Human Relations
Commission or the Executive Director at (686-xxxx or 686-xxxx). The
Commission currently has voice mail capabilities.
During evenings, weekends and holidays, the Human Relations
Commission will have a duty officer on-call who can be reached through
the City Hall operator at 686-xxxx.
5.
RESPONSIBILITIES OF THE DETECTIVE DIVISION OF OCCURRENCE
A. The Detective Division of occurrence is responsible for investigating and determining
whether a bias incident or ethnic intimidation occurred and in consultation with the
District Attorney’s Office prepare charges.
B. The Detective Division of occurrence will ensure that copies of all racial incidents or
ethnic intimidation investigations are kept on file within their Division. The Detective
Division of occurrence will also submit the Pennsylvania Monthly Ethnic Intimidation
Report to the Research and Planning Unit; negative reports are required.
C. A preliminary informational report will be prepared by Detective Division of
Occurrence and submitted to the:
1.
2.
3.
4.
6.
8.
9.
10.
Police Commissioner
Deputy Commissioner, Field Operations
Deputy Commissioner, Regional Operations, North
Deputy Commissioner, Regional Operations, South
Deputy Commissioner, Investigations and Homeland Security
Inspector, pertinent Patrol Division
Commanding Officer, pertinent Patrol District
Commanding Officer, Youth and Victim Services
DIRECTIVE 8.4 - 4
NOTE: Detective Division of occurrence will submit copies of all Preliminary
reports, investigations and/or arrest reports and monthly reports to the
Commanding Officer, Victim Services Unit.
6.
RESPONSIBILITIES OF THE VICTIM SERVICES UNIT
A. The Youth and Victim Services Unit is the Department's liaison with the Philadelphia
Commission on Human Relations, the Philadelphia Anti-Drug, Anti-Violence Network
(PAAN), Federal and State Agencies, and social service and community-response
agencies charged with interceding in bias incidents relating to hate crimes.
BY COMMAND OF THE POLICE COMMISSIONER
DIRECTIVE 8.4 - 5
PHILADELPHIA POLICE DEPARTMENT
DIRECTIVE 8.4
APPENDIX “A”
Issued Date: 07-13-04
Effective Date: 07-13-04
Updated Date:
SUBJECT: ETHNIC INTIMIDATION UNDERLYING OFFENSES
1.
ARTICLE B. OFFENSES INVOLVING DANGER TO THE PERSON
A. Chapter 25 -- Criminal Homicide
Section 2501 - Criminal Homicide
Section 2502 - Murder
Section 2503 - Voluntary Manslaughter
Section 2504 - Involuntary Manslaughter
Section 2505 - Causing or Aiding Suicide
B. Chapter 27 -- Assault
Section 2701 - Simple Assault
Section 2702 - Aggravated Assault
Section 2703 - Assault by Prisoner
Section 2704 - Assault by Life Prisoner
Section 2705 - Recklessly Endangering Another Person
Section 2706 - Terrorist Threats
Section 2707 - Propulsion of Missiles into an Occupied Vehicle or onto a Roadway
Section 2708 - Use of Tear or Noxious Gas in Labor Disputes
Section 2709 - Harassment
C. Chapter 29 -- Kidnapping
Section 2901 - Kidnapping
Section 2902 - Unlawful Restraint
Section 2903 - False Imprisonment
Section 2904 - Interference with Custody of Children
Section 2905 - Interference with Custody of Committed Persons
Section 2906 - Criminal Coercion
Section 2907 - Disposition of Ransom
D. Chapter 31 -- Sexual Offenses
Section 3121 - Rape
Section 3122 - Statutory Rape
DIRECTIVE 8.4 - 1
APPENDIX “A”
Section 3123 - Involuntary Deviate Sexual Intercourse
Section 3126 - Indecent Assault
Section 3127 - Indecent Exposure
E. Chapter 32 -- Abortion
Section 3212 - Infanticide
Section 3216 - Fetal Experimentation
2.
TWO CHAPTERS UNDER ARTICLE C
A. Chapter 33 -- Arson, Criminal Mischief and Other Property Destruction
Section 3301 - Arson and Related Offenses
Section 3302 - Causing or Risking Catastrophe
Section 3303 - Failure to Prevent Catastrophe
Section 3304 - Criminal Mischief
Section 3305 - Injuring or Tampering with Fire Apparatus, Hydrants, etc.
Section 3306 - Unauthorized Use or Opening of Fire Hydrants
(Section 3307 - Institutional Vandalism is specifically NOT an underlying
offense of Ethnic Intimidation.)
B. Chapter 35 -- Criminal Trespass
Section 3503 - Criminal Trespass
3.
ONE SECTION UNDER ARTICLE F
Section 5504 - Harassment by Communication or Address
BY COMMAND OF THE POLICE COMMISSIONER
DIRECTIVE 8.4 - 2
APPENDIX “A”