Bill Text: IL HB3262 | 2021-2022 | 102nd General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Criminal Code of 2012. Provides that independent of any criminal prosecution or the result of a criminal prosecution, any person suffering injury as a result of a hate crime may bring a civil action for damages, injunction or other appropriate relief if the hate crime was caused by disorderly conduct committed by: (1) transmitting or causing to be transmitted in any manner to any peace officer, public officer or public employee a report to the effect that an offense will be committed, is being committed, or has been committed, knowing at the time of the transmission that there is no reasonable ground for believing that the offense will be committed, is being committed, or has been committed; (2) transmitting or causing to be transmitted in any manner a false report to any public safety agency without the reasonable grounds necessary to believe that transmitting the report is necessary for the safety and welfare of the public; or (3) calling the number "911" or transmitting or causing to be transmitted in any manner to a public safety agency for the purpose of making or transmitting a false alarm or complaint and reporting information when, at the time the call or transmission is made, the person knows there is no reasonable ground for making the call or transmission and further knows that the call or transmission could result in the emergency response of any public safety agency.
Spectrum: Moderate Partisan Bill (Democrat 11-2)
Status: (Passed) 2021-08-20 - Public Act . . . . . . . . . 102-0468 [HB3262 Detail]
Download: Illinois-2021-HB3262-Engrossed.html
Bill Title: Amends the Criminal Code of 2012. Provides that independent of any criminal prosecution or the result of a criminal prosecution, any person suffering injury as a result of a hate crime may bring a civil action for damages, injunction or other appropriate relief if the hate crime was caused by disorderly conduct committed by: (1) transmitting or causing to be transmitted in any manner to any peace officer, public officer or public employee a report to the effect that an offense will be committed, is being committed, or has been committed, knowing at the time of the transmission that there is no reasonable ground for believing that the offense will be committed, is being committed, or has been committed; (2) transmitting or causing to be transmitted in any manner a false report to any public safety agency without the reasonable grounds necessary to believe that transmitting the report is necessary for the safety and welfare of the public; or (3) calling the number "911" or transmitting or causing to be transmitted in any manner to a public safety agency for the purpose of making or transmitting a false alarm or complaint and reporting information when, at the time the call or transmission is made, the person knows there is no reasonable ground for making the call or transmission and further knows that the call or transmission could result in the emergency response of any public safety agency.
Spectrum: Moderate Partisan Bill (Democrat 11-2)
Status: (Passed) 2021-08-20 - Public Act . . . . . . . . . 102-0468 [HB3262 Detail]
Download: Illinois-2021-HB3262-Engrossed.html
| |||||||
| |||||||
| |||||||
1 | AN ACT concerning criminal law.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Criminal Code of 2012 is amended by | ||||||
5 | changing Section 12-7.1 as follows:
| ||||||
6 | (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
| ||||||
7 | Sec. 12-7.1. Hate crime.
| ||||||
8 | (a) A person commits hate crime when, by reason of the | ||||||
9 | actual or
perceived race, color, creed, religion, ancestry, | ||||||
10 | gender, sexual orientation,
physical or mental disability, or | ||||||
11 | national origin of another individual or
group of individuals, | ||||||
12 | regardless of the existence of any other motivating
factor or | ||||||
13 | factors, he or she commits assault, battery, aggravated | ||||||
14 | assault, intimidation, stalking, cyberstalking, misdemeanor
| ||||||
15 | theft, criminal trespass to residence, misdemeanor criminal | ||||||
16 | damage
to property, criminal trespass to vehicle, criminal | ||||||
17 | trespass to real property,
mob action, disorderly conduct, | ||||||
18 | transmission of obscene messages, harassment by telephone, or | ||||||
19 | harassment through electronic
communications as these crimes | ||||||
20 | are defined in Sections 12-1,
12-2, 12-3(a), 12-7.3, 12-7.5, | ||||||
21 | 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-1, 26.5-2, | ||||||
22 | paragraphs (a)(1), (a)(2), and (a)(3) of Section 12-6, and | ||||||
23 | paragraphs (a)(2) and (a)(5) of Section 26.5-3 of this Code,
|
| |||||||
| |||||||
1 | respectively.
| ||||||
2 | (b) Except as provided in subsection (b-5), hate crime is | ||||||
3 | a Class 4
felony for a first offense and a Class 2 felony for a | ||||||
4 | second or subsequent
offense.
| ||||||
5 | (b-5) Hate crime is a Class 3 felony for a first offense | ||||||
6 | and a Class 2
felony for a second or subsequent offense if | ||||||
7 | committed:
| ||||||
8 | (1) in, or upon the exterior or grounds of, a church, | ||||||
9 | synagogue, mosque, or other building, structure, or place
| ||||||
10 | identified or associated with a particular religion or | ||||||
11 | used for religious worship or other religious purpose;
| ||||||
12 | (2) in a cemetery, mortuary, or other facility used | ||||||
13 | for the purpose of
burial or memorializing the dead;
| ||||||
14 | (3) in a school or other educational facility, | ||||||
15 | including an administrative facility or public or private | ||||||
16 | dormitory facility of or associated with the school or | ||||||
17 | other educational facility;
| ||||||
18 | (4) in a public park or an ethnic or religious | ||||||
19 | community center;
| ||||||
20 | (5) on the real property comprising any location | ||||||
21 | specified in
clauses (1) through (4) of this subsection | ||||||
22 | (b-5); or
| ||||||
23 | (6) on a public way within 1,000 feet of the real | ||||||
24 | property comprising any
location specified in clauses (1) | ||||||
25 | through (4) of this subsection (b-5).
| ||||||
26 | (b-10) Upon imposition of any sentence,
the trial
court |
| |||||||
| |||||||
1 | shall also either order restitution paid to the victim
or | ||||||
2 | impose a fine in an amount to be determined by the court based | ||||||
3 | on the severity of the crime and the injury or damages suffered | ||||||
4 | by the victim. In addition, any order of probation or
| ||||||
5 | conditional discharge entered following a conviction or an | ||||||
6 | adjudication of
delinquency shall include a condition that the | ||||||
7 | offender perform public or
community service of no less than | ||||||
8 | 200 hours if that service is established in
the county where | ||||||
9 | the offender was convicted of hate crime. In addition, any | ||||||
10 | order of probation or
conditional discharge entered following | ||||||
11 | a conviction or an adjudication of
delinquency shall include a | ||||||
12 | condition that the offender enroll in an educational program | ||||||
13 | discouraging hate crimes involving the protected class | ||||||
14 | identified in subsection (a) that gave rise to the offense the | ||||||
15 | offender committed. The educational program must be attended | ||||||
16 | by the offender in-person and may be administered, as | ||||||
17 | determined by the court, by a university, college, community | ||||||
18 | college, non-profit organization, the Illinois Holocaust and | ||||||
19 | Genocide Commission, or any other organization that provides | ||||||
20 | educational programs discouraging hate crimes, except that | ||||||
21 | programs administered online or that can otherwise be attended | ||||||
22 | remotely are prohibited. The court may also
impose any other | ||||||
23 | condition of probation or conditional discharge under this
| ||||||
24 | Section. If the court sentences the offender to imprisonment | ||||||
25 | or periodic imprisonment for a violation of this Section, as a | ||||||
26 | condition of the offender's mandatory supervised release, the |
| |||||||
| |||||||
1 | court shall require that the offender perform public or | ||||||
2 | community service of no less than 200 hours and enroll in an | ||||||
3 | educational program discouraging hate crimes involving the | ||||||
4 | protected class
identified in subsection (a) that gave rise to | ||||||
5 | the offense the offender committed.
| ||||||
6 | (c) Independent of any criminal prosecution or the result
| ||||||
7 | of a criminal prosecution, any
person suffering injury to his | ||||||
8 | or her person, damage to his or her property, intimidation as | ||||||
9 | defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section | ||||||
10 | 12-6 of this Code, stalking as defined in Section 12-7.3 of | ||||||
11 | this Code, cyberstalking as defined in Section 12-7.5 of this | ||||||
12 | Code, disorderly conduct as defined in paragraph (a)(1) , | ||||||
13 | (a)(4), (a)(5), or (a)(6) of Section 26-1 of this Code, | ||||||
14 | transmission of obscene messages as defined in Section 26.5-1 | ||||||
15 | of this Code, harassment by telephone as defined in Section | ||||||
16 | 26.5-2 of this Code, or harassment through electronic | ||||||
17 | communications as defined in paragraphs (a)(2) and (a)(5) of | ||||||
18 | Section 26.5-3 of this Code as a result
of a hate crime may | ||||||
19 | bring a civil action for damages, injunction
or other | ||||||
20 | appropriate relief. The court may award actual damages, | ||||||
21 | including
damages for emotional distress, as well as punitive | ||||||
22 | damages. The court may impose a civil penalty up to $25,000 for | ||||||
23 | each violation of this subsection (c). A judgment in favor of a | ||||||
24 | person who brings a civil action under this subsection (c) | ||||||
25 | shall include
attorney's fees and costs. After consulting with | ||||||
26 | the local State's Attorney, the Attorney General may bring a |
| |||||||
| |||||||
1 | civil action in the name of the People of the State for an | ||||||
2 | injunction or other equitable relief under this subsection | ||||||
3 | (c). In addition, the Attorney General may request and the | ||||||
4 | court may impose a civil penalty up to $25,000 for each | ||||||
5 | violation under this subsection (c). The parents or legal | ||||||
6 | guardians, other than
guardians appointed pursuant to the | ||||||
7 | Juvenile Court Act or the Juvenile
Court Act of 1987, of an | ||||||
8 | unemancipated minor shall be liable for the amount
of any | ||||||
9 | judgment for all damages rendered against such minor under | ||||||
10 | this
subsection (c) in any amount not exceeding the amount | ||||||
11 | provided under
Section 5 of the Parental Responsibility Law.
| ||||||
12 | (d) "Sexual orientation" has the meaning ascribed to it in | ||||||
13 | paragraph (O-1) of Section 1-103 of the Illinois Human Rights | ||||||
14 | Act.
| ||||||
15 | (Source: P.A. 99-77, eff. 1-1-16; 100-197, eff. 1-1-18; | ||||||
16 | 100-260, eff. 1-1-18; 100-863, eff. 8-14-18.)
|