Bill Text: IL HB3640 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Human Rights Act. Deletes language from the definition of "sexual orientation" concerning gender identity. Provides that "gender identity" means a person's deeply felt, inherent sense of who the person is as a particular gender and that a person's gender identity may be the same or different from the sex of the person assigned at birth. Makes conforming changes. Amends the Criminal Code of 2012. Includes gender identity (rather than just gender) within the definition of a hate crime. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-05-22 - Added Co-Sponsor Rep. Jonathan "Yoni" Pizer [HB3640 Detail]

Download: Illinois-2019-HB3640-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3640 Introduced , by Rep. Delia C. Ramirez SYNOPSIS AS INTRODUCED:
720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1
775 ILCS 5/1-101.1
775 ILCS 5/1-102 from Ch. 68, par. 1-102
775 ILCS 5/1-103 from Ch. 68, par. 1-103
775 ILCS 5/3-103 from Ch. 68, par. 3-103
775 ILCS 5/3-106 from Ch. 68, par. 3-106
Amends the Illinois Human Rights Act. Deletes language from the definition of "sexual orientation" concerning gender identity. Provides that "gender identity" means a person's deeply felt, inherent sense of who the person is as a particular gender and that a person's gender identity may be the same or different from the sex of the person assigned at birth. Makes conforming changes. Amends the Criminal Code of 2012. Includes gender identity (rather than just gender) within the definition of a hate crime. Effective immediately.
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A BILL FOR
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AN ACT concerning gender identity.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by changing
Section 12-7.1 as follows:
(720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
Sec. 12-7.1. Hate crime.
(a) A person commits hate crime when, by reason of the
actual or perceived race, color, creed, religion, ancestry,
gender identity, sexual orientation, physical or mental
disability, or national origin of another individual or group
of individuals, regardless of the existence of any other
motivating factor or factors, he or she commits assault,
battery, aggravated assault, intimidation, stalking,
cyberstalking, misdemeanor theft, criminal trespass to
residence, misdemeanor criminal damage to property, criminal
trespass to vehicle, criminal trespass to real property, mob
action, disorderly conduct, transmission of obscene messages,
harassment by telephone, or harassment through electronic
communications as these crimes are defined in Sections 12-1,
12-2, 12-3(a), 12-7.3, 12-7.5, 16-1, 19-4, 21-1, 21-2, 21-3,
25-1, 26-1, 26.5-1, 26.5-2, paragraphs (a)(1), (a)(2), and
(a)(3) of Section 12-6, and paragraphs (a)(2) and (a)(5) of

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Section 26.5-3 of this Code, respectively.
(b) Except as provided in subsection (b-5), hate crime is a
Class 4 felony for a first offense and a Class 2 felony for a
second or subsequent offense.
(b-5) Hate crime is a Class 3 felony for a first offense
and a Class 2 felony for a second or subsequent offense if
committed:
(1) in, or upon the exterior or grounds of, a church,
synagogue, mosque, or other building, structure, or place
identified or associated with a particular religion or used
for religious worship or other religious purpose;
(2) in a cemetery, mortuary, or other facility used for
the purpose of burial or memorializing the dead;
(3) in a school or other educational facility,
including an administrative facility or public or private
dormitory facility of or associated with the school or
other educational facility;
(4) in a public park or an ethnic or religious
community center;
(5) on the real property comprising any location
specified in clauses (1) through (4) of this subsection
(b-5); or
(6) on a public way within 1,000 feet of the real
property comprising any location specified in clauses (1)
through (4) of this subsection (b-5).
(b-10) Upon imposition of any sentence, the trial court

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shall also either order restitution paid to the victim or
impose a fine in an amount to be determined by the court based
on the severity of the crime and the injury or damages suffered
by the victim. In addition, any order of probation or
conditional discharge entered following a conviction or an
adjudication of delinquency shall include a condition that the
offender perform public or community service of no less than
200 hours if that service is established in the county where
the offender was convicted of hate crime. In addition, any
order of probation or conditional discharge entered following a
conviction or an adjudication of delinquency shall include a
condition that the offender enroll in an educational program
discouraging hate crimes involving the protected class
identified in subsection (a) that gave rise to the offense the
offender committed. The educational program must be attended by
the offender in-person and may be administered, as determined
by the court, by a university, college, community college,
non-profit organization, the Illinois Holocaust and Genocide
Commission, or any other organization that provides
educational programs discouraging hate crimes, except that
programs administered online or that can otherwise be attended
remotely are prohibited. The court may also impose any other
condition of probation or conditional discharge under this
Section. If the court sentences the offender to imprisonment or
periodic imprisonment for a violation of this Section, as a
condition of the offender's mandatory supervised release, the

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court shall require that the offender perform public or
community service of no less than 200 hours and enroll in an
educational program discouraging hate crimes involving the
protected class identified in subsection (a) that gave rise to
the offense the offender committed.
(c) Independent of any criminal prosecution or the result
of a criminal prosecution, any person suffering injury to his
or her person, damage to his or her property, intimidation as
defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section
12-6 of this Code, stalking as defined in Section 12-7.3 of
this Code, cyberstalking as defined in Section 12-7.5 of this
Code, disorderly conduct as defined in paragraph (a)(1) of
Section 26-1 of this Code, transmission of obscene messages as
defined in Section 26.5-1 of this Code, harassment by telephone
as defined in Section 26.5-2 of this Code, or harassment
through electronic communications as defined in paragraphs
(a)(2) and (a)(5) of Section 26.5-3 of this Code as a result of
a hate crime may bring a civil action for damages, injunction
or other appropriate relief. The court may award actual
damages, including damages for emotional distress, as well as
punitive damages. The court may impose a civil penalty up to
$25,000 for each violation of this subsection (c). A judgment
in favor of a person who brings a civil action under this
subsection (c) shall include attorney's fees and costs. After
consulting with the local State's Attorney, the Attorney
General may bring a civil action in the name of the People of

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the State for an injunction or other equitable relief under
this subsection (c). In addition, the Attorney General may
request and the court may impose a civil penalty up to $25,000
for each violation under this subsection (c). The parents or
legal guardians, other than guardians appointed pursuant to the
Juvenile Court Act or the Juvenile Court Act of 1987, of an
unemancipated minor shall be liable for the amount of any
judgment for all damages rendered against such minor under this
subsection (c) in any amount not exceeding the amount provided
under Section 5 of the Parental Responsibility Law.
(d) "Sexual orientation" has the meaning ascribed to it in
paragraph (O-1) of Section 1-103 of the Illinois Human Rights
Act. "Gender identity" has the meaning provided in Section
1-103 of the Illinois Human Rights Act.
(Source: P.A. 99-77, eff. 1-1-16; 100-197, eff. 1-1-18;
100-260, eff. 1-1-18; 100-863, eff. 8-14-18.)
Section 10. The Illinois Human Rights Act is amended by
changing Sections 1-101.1, 1-102, 1-103, 3-103, and 3-106 as
follows:
(775 ILCS 5/1-101.1)
Sec. 1-101.1. Construction. Nothing in this Act shall be
construed as requiring any employer, employment agency, or
labor organization to give preferential treatment or special
rights based on sexual orientation or gender identity or to

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implement affirmative action policies or programs based on
sexual orientation or gender identity.
(Source: P.A. 93-1078, eff. 1-1-06.)
(775 ILCS 5/1-102) (from Ch. 68, par. 1-102)
Sec. 1-102. Declaration of Policy. It is the public policy
of this State:
(A) Freedom from Unlawful Discrimination. To secure for all
individuals within Illinois the freedom from discrimination
against any individual because of his or her race, color,
religion, sex, national origin, ancestry, age, order of
protection status, marital status, physical or mental
disability, military status, sexual orientation, gender
identity, pregnancy, or unfavorable discharge from military
service in connection with employment, real estate
transactions, access to financial credit, and the availability
of public accommodations.
(B) Freedom from Sexual Harassment-Employment and
Elementary, Secondary, and Higher Education. To prevent sexual
harassment in employment and sexual harassment in elementary,
secondary, and higher education.
(C) Freedom from Discrimination Based on Citizenship
Status-Employment. To prevent discrimination based on
citizenship status in employment.
(D) Freedom from Discrimination Based on Familial
Status-Real Estate Transactions. To prevent discrimination

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based on familial status in real estate transactions.
(E) Public Health, Welfare and Safety. To promote the
public health, welfare and safety by protecting the interest of
all people in Illinois in maintaining personal dignity, in
realizing their full productive capacities, and in furthering
their interests, rights and privileges as citizens of this
State.
(F) Implementation of Constitutional Guarantees. To secure
and guarantee the rights established by Sections 17, 18 and 19
of Article I of the Illinois Constitution of 1970.
(G) Equal Opportunity, Affirmative Action. To establish
Equal Opportunity and Affirmative Action as the policies of
this State in all of its decisions, programs and activities,
and to assure that all State departments, boards, commissions
and instrumentalities rigorously take affirmative action to
provide equality of opportunity and eliminate the effects of
past discrimination in the internal affairs of State government
and in their relations with the public.
(H) Unfounded Charges. To protect citizens of this State
against unfounded charges of unlawful discrimination, sexual
harassment in employment and sexual harassment in elementary,
secondary, and higher education, and discrimination based on
citizenship status in employment.
(Source: P.A. 98-1050, eff. 1-1-15.)
(775 ILCS 5/1-103) (from Ch. 68, par. 1-103)

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Sec. 1-103. General definitions. When used in this Act,
unless the context requires otherwise, the term:
(A) Age. "Age" means the chronological age of a person who
is at least 40 years old, except with regard to any practice
described in Section 2-102, insofar as that practice concerns
training or apprenticeship programs. In the case of training or
apprenticeship programs, for the purposes of Section 2-102,
"age" means the chronological age of a person who is 18 but not
yet 40 years old.
(B) Aggrieved party. "Aggrieved party" means a person who
is alleged or proved to have been injured by a civil rights
violation or believes he or she will be injured by a civil
rights violation under Article 3 that is about to occur.
(C) Charge. "Charge" means an allegation filed with the
Department by an aggrieved party or initiated by the Department
under its authority.
(D) Civil rights violation. "Civil rights violation"
includes and shall be limited to only those specific acts set
forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
3-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102,
6-101, and 6-102 of this Act.
(E) Commission. "Commission" means the Human Rights
Commission created by this Act.
(F) Complaint. "Complaint" means the formal pleading filed
by the Department with the Commission following an
investigation and finding of substantial evidence of a civil

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rights violation.
(G) Complainant. "Complainant" means a person including
the Department who files a charge of civil rights violation
with the Department or the Commission.
(H) Department. "Department" means the Department of Human
Rights created by this Act.
(I) Disability. "Disability" means a determinable physical
or mental characteristic of a person, including, but not
limited to, a determinable physical characteristic which
necessitates the person's use of a guide, hearing or support
dog, the history of such characteristic, or the perception of
such characteristic by the person complained against, which may
result from disease, injury, congenital condition of birth or
functional disorder and which characteristic:
(1) For purposes of Article 2, is unrelated to the
person's ability to perform the duties of a particular job
or position and, pursuant to Section 2-104 of this Act, a
person's illegal use of drugs or alcohol is not a
disability;
(2) For purposes of Article 3, is unrelated to the
person's ability to acquire, rent, or maintain a housing
accommodation;
(3) For purposes of Article 4, is unrelated to a
person's ability to repay;
(4) For purposes of Article 5, is unrelated to a
person's ability to utilize and benefit from a place of

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public accommodation;
(5) For purposes of Article 5, also includes any
mental, psychological, or developmental disability,
including autism spectrum disorders.
(J) Marital status. "Marital status" means the legal status
of being married, single, separated, divorced, or widowed.
(J-1) Military status. "Military status" means a person's
status on active duty in or status as a veteran of the armed
forces of the United States, status as a current member or
veteran of any reserve component of the armed forces of the
United States, including the United States Army Reserve, United
States Marine Corps Reserve, United States Navy Reserve, United
States Air Force Reserve, and United States Coast Guard
Reserve, or status as a current member or veteran of the
Illinois Army National Guard or Illinois Air National Guard.
(K) National origin. "National origin" means the place in
which a person or one of his or her ancestors was born.
(K-5) "Order of protection status" means a person's status
as being a person protected under an order of protection issued
pursuant to the Illinois Domestic Violence Act of 1986, Article
112A of the Code of Criminal Procedure of 1963, the Stalking No
Contact Order Act, or the Civil No Contact Order Act, or an
order of protection issued by a court of another state.
(L) Person. "Person" includes one or more individuals,
partnerships, associations or organizations, labor
organizations, labor unions, joint apprenticeship committees,

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or union labor associations, corporations, the State of
Illinois and its instrumentalities, political subdivisions,
units of local government, legal representatives, trustees in
bankruptcy or receivers.
(L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
or medical or common conditions related to pregnancy or
childbirth.
(M) Public contract. "Public contract" includes every
contract to which the State, any of its political subdivisions,
or any municipal corporation is a party.
(N) Religion. "Religion" includes all aspects of religious
observance and practice, as well as belief, except that with
respect to employers, for the purposes of Article 2, "religion"
has the meaning ascribed to it in paragraph (F) of Section
2-101.
(O) Sex. "Sex" means the status of being male or female.
(O-1) Sexual orientation. "Sexual orientation" means
actual or perceived heterosexuality, homosexuality, or
bisexuality, or gender-related identity, whether or not
traditionally associated with the person's designated sex at
birth. "Sexual orientation" does not include a physical or
sexual attraction to a minor by an adult.
(O-2) Gender identity. "Gender identity" means a person's
deeply felt, inherent sense of who the person is as a
particular gender. A person's gender identity may be the same
or different from the sex of the person assigned at birth.

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(P) Unfavorable military discharge. "Unfavorable military
discharge" includes discharges from the Armed Forces of the
United States, their Reserve components, or any National Guard
or Naval Militia which are classified as RE-3 or the equivalent
thereof, but does not include those characterized as RE-4 or
"Dishonorable".
(Q) Unlawful discrimination. "Unlawful discrimination"
means discrimination against a person because of his or her
race, color, religion, national origin, ancestry, age, sex,
marital status, order of protection status, disability,
military status, sexual orientation, gender identity,
pregnancy, or unfavorable discharge from military service as
those terms are defined in this Section.
(Source: P.A. 100-714, eff. 1-1-19; revised 10-4-18.)
(775 ILCS 5/3-103) (from Ch. 68, par. 3-103)
Sec. 3-103. Blockbusting. It is a civil rights violation
for any person to:
(A) Solicitation. Solicit for sale, lease, listing or
purchase any residential real estate within this State, on the
grounds of loss of value due to the present or prospective
entry into the vicinity of the property involved of any person
or persons of any particular race, color, religion, national
origin, ancestry, age, sex, sexual orientation, gender
identity, marital status, familial status or disability.
(B) Statements. Distribute or cause to be distributed,

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written material or statements designed to induce any owner of
residential real estate in this State to sell or lease his or
her property because of any present or prospective changes in
the race, color, religion, national origin, ancestry, age, sex,
sexual orientation, gender identity, marital status, familial
status or disability of residents in the vicinity of the
property involved.
(C) Creating Alarm. Intentionally create alarm, among
residents of any community, by transmitting communications in
any manner, including a telephone call whether or not
conversation thereby ensues, with a design to induce any owner
of residential real estate in this state to sell or lease his
or her property because of any present or prospective entry
into the vicinity of the property involved of any person or
persons of any particular race, color, religion, national
origin, ancestry, age, sex, sexual orientation, gender
identity, marital status, familial status or disability.
(Source: P.A. 97-877, eff. 8-2-12.)
(775 ILCS 5/3-106) (from Ch. 68, par. 3-106)
Sec. 3-106. Exemptions. Nothing contained in Section 3-102
shall prohibit:
(A) Private Sales of Single Family Homes.
(1) Any sale of a single family home by its owner so
long as the following criteria are met:
(a) The owner does not own or have a beneficial

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interest in more than three single family homes at the
time of the sale;
(b) The owner or a member of his or her family was
the last current resident of the home;
(c) The home is sold without the use in any manner
of the sales or rental facilities or services of any
real estate broker or salesman, or of any employee or
agent of any real estate broker or salesman;
(d) The home is sold without the publication,
posting or mailing, after notice, of any advertisement
or written notice in violation of paragraph (F) of
Section 3-102.
(2) This exemption does not apply to paragraph (F) of
Section 3-102.
(B) Apartments. Rental of a housing accommodation in a
building which contains housing accommodations for not more
than 4 families living independently of each other, if the
owner resides in one of the housing accommodations. This
exemption does not apply to paragraph (F) of Section 3-102.
(C) Private Rooms. Rental of a room or rooms in a private
home by an owner if he or she or a member of his or her family
resides therein or, while absent for a period of not more than
twelve months, if he or she or a member of his or her family
intends to return to reside therein.
(D) Reasonable local, State, or Federal restrictions
regarding the maximum number of occupants permitted to occupy a

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dwelling.
(E) Religious Organizations. A religious organization,
association, or society, or any nonprofit institution or
organization operated, supervised or controlled by or in
conjunction with a religious organization, association, or
society, from limiting the sale, rental or occupancy of a
dwelling which it owns or operates for other than a commercial
purpose to persons of the same religion, or from giving
preference to such persons, unless membership in such religion
is restricted on account of race, color, or national origin.
(F) Sex. Restricting the rental of rooms in a housing
accommodation to persons of one sex.
(G) Persons Convicted of Drug-Related Offenses. Conduct
against a person because such person has been convicted by any
court of competent jurisdiction of the illegal manufacture or
distribution of a controlled substance as defined in Section
102 of the federal Controlled Substances Act (21 U.S.C. 802).
(H) Persons engaged in the business of furnishing
appraisals of real property from taking into consideration
factors other than those based on unlawful discrimination or
familial status in furnishing appraisals.
(H-1) The owner of an owner-occupied residential building
with 4 or fewer units (including the unit in which the owner
resides) from making decisions regarding whether to rent to a
person based upon that person's sexual orientation or gender
identity.

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(I) Housing for Older Persons. No provision in this Article
regarding familial status shall apply with respect to housing
for older persons.
(1) As used in this Section, "housing for older
persons" means housing:
(a) provided under any State or Federal program
that the Department determines is specifically
designed and operated to assist elderly persons (as
defined in the State or Federal program); or
(b) intended for, and solely occupied by, persons
62 years of age or older; or
(c) intended and operated for occupancy by persons
55 years of age or older and:
(i) at least 80% of the occupied units are
occupied by at least one person who is 55 years of
age or older;
(ii) the housing facility or community
publishes and adheres to policies and procedures
that demonstrate the intent required under this
subdivision (c); and
(iii) the housing facility or community
complies with rules adopted by the Department for
verification of occupancy, which shall:
(aa) provide for verification by reliable
surveys and affidavits; and
(bb) include examples of the types of

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policies and procedures relevant to a
determination of compliance with the
requirement of clause (ii).
These surveys and affidavits shall be admissible in
administrative and judicial proceedings for the purposes
of such verification.
(2) Housing shall not fail to meet the requirements for
housing for older persons by reason of:
(a) persons residing in such housing as of the
effective date of this amendatory Act of 1989 who do
not meet the age requirements of subsections (1)(b) or
(c); provided, that new occupants of such housing meet
the age requirements of subsections (1)(b) or (c) of
this subsection; or
(b) unoccupied units; provided, that such units
are reserved for occupancy by persons who meet the age
requirements of subsections (1)(b) or (c) of this
subsection.
(3) (a) A person shall not be held personally liable
for monetary damages for a violation of this Article if
the person reasonably relied, in good faith, on the
application of the exemption under this subsection (I)
relating to housing for older persons.
(b) For the purposes of this item (3), a person may
show good faith reliance on the application of the
exemption only by showing that:

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(i) the person has no actual knowledge that the
facility or community is not, or will not be,
eligible for the exemption; and
(ii) the facility or community has stated
formally, in writing, that the facility or
community complies with the requirements for the
exemption.
(J) Child Sex Offender Refusal to Rent. Refusal of a child
sex offender who owns and resides at residential real estate to
rent any residential unit within the same building in which he
or she resides to a person who is the parent or guardian of a
child or children under 18 years of age.
(Source: P.A. 95-42, eff. 8-10-07; 95-820, eff. 1-1-09.)
Section 99. Effective date. This Act takes effect upon
becoming law.