HB3262 Engrossed LRB102 12797 KMF 18137 b
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,

HB3262 Engrossed - 2 - LRB102 12797 KMF 18137 b
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

HB3262 Engrossed - 3 - LRB102 12797 KMF 18137 b
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

HB3262 Engrossed - 4 - LRB102 12797 KMF 18137 b
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

HB3262 Engrossed - 5 - LRB102 12797 KMF 18137 b
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.)