Bill Text: IL HB3711 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Criminal Code of 2012. Provides that a person also commits hate crime when, by reason of the actual or perceived race, color, creed, religion, ancestry, gender, 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 intimidation, stalking, cyberstalking, or transmission of obscene messages. Provides that independent of any criminal prosecution or the result of a criminal prosecution, any person suffering intimidation, stalking, cyberstalking, disorderly conduct, transmission of obscene messages, harassment by telephone, or harassment through electronic communications may bring a civil action for damages, injunction or other appropriate relief. Provides that the Attorney General may bring an action for civil damages for a hate crime in the name of the People of the State. Provides that the court shall impose a civil penalty of $25,000 for each violation of the hate crime statute.

Spectrum: Partisan Bill (Democrat 41-0)

Status: (Enrolled) 2017-06-23 - Sent to the Governor [HB3711 Detail]

Download: Illinois-2017-HB3711-Enrolled.html



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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Criminal Code of 2012 is amended by changing
5Section 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
9actual or perceived race, color, creed, religion, ancestry,
10gender, sexual orientation, physical or mental disability, or
11national origin of another individual or group of individuals,
12regardless of the existence of any other motivating factor or
13factors, he or she commits assault, battery, aggravated
14assault, intimidation, stalking, cyberstalking, misdemeanor
15theft, criminal trespass to residence, misdemeanor criminal
16damage to property, criminal trespass to vehicle, criminal
17trespass to real property, mob action, disorderly conduct,
18transmission of obscene messages, harassment by telephone, or
19harassment through electronic communications as these crimes
20are defined in Sections 12-1, 12-2, 12-3(a), 12-7.3, 12-7.5,
2116-1, 19-4, 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-1, 26.5-2,
22paragraphs (a)(1), (a)(2), and (a)(3) of Section 12-6, and
23paragraphs (a)(2) and (a)(5) of Section 26.5-3 of this Code,

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1respectively.
2 (b) Except as provided in subsection (b-5), hate crime is a
3Class 4 felony for a first offense and a Class 2 felony for a
4second or subsequent offense.
5 (b-5) Hate crime is a Class 3 felony for a first offense
6and a Class 2 felony for a second or subsequent offense if
7committed:
8 (1) in a church, synagogue, mosque, or other building,
9 structure, or place used for religious worship or other
10 religious purpose;
11 (2) in a cemetery, mortuary, or other facility used for
12 the purpose of burial or memorializing the dead;
13 (3) in a school or other educational facility,
14 including an administrative facility or public or private
15 dormitory facility of or associated with the school or
16 other educational facility;
17 (4) in a public park or an ethnic or religious
18 community center;
19 (5) on the real property comprising any location
20 specified in clauses (1) through (4) of this subsection
21 (b-5); or
22 (6) on a public way within 1,000 feet of the real
23 property comprising any location specified in clauses (1)
24 through (4) of this subsection (b-5).
25 (b-10) Upon imposition of any sentence, the trial court
26shall also either order restitution paid to the victim or

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1impose a fine up to $1,000. In addition, any order of probation
2or conditional discharge entered following a conviction or an
3adjudication of delinquency shall include a condition that the
4offender perform public or community service of no less than
5200 hours if that service is established in the county where
6the offender was convicted of hate crime. In addition, any
7order of probation or conditional discharge entered following a
8conviction or an adjudication of delinquency shall include a
9condition that the offender enroll in an educational program
10discouraging hate crimes if the offender caused criminal damage
11to property consisting of religious fixtures, objects, or
12decorations. The educational program may be administered, as
13determined by the court, by a university, college, community
14college, non-profit organization, or the Holocaust and
15Genocide Commission. Nothing in this subsection (b-10)
16prohibits courses discouraging hate crimes from being made
17available online. The court may also impose any other condition
18of probation or conditional discharge under this Section.
19 (c) Independent of any criminal prosecution or the result
20of a criminal prosecution thereof, any person suffering injury
21to his or her person, or damage to his or her property,
22intimidation as defined in paragraphs (a)(1), (a)(2), and
23(a)(3) of Section 12-6 of this Code, stalking as defined in
24Section 12-7.3 of this Code, cyberstalking as defined in
25Section 12-7.5 of this Code, disorderly conduct as defined in
26paragraph (a)(1) of Section 26-1 of this Code, transmission of

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1obscene messages as defined in Section 26.5-1 of this Code,
2harassment by telephone as defined in Section 26.5-2 of this
3Code, or harassment through electronic communications as
4defined in paragraphs (a)(2) and (a)(5) of Section 26.5-3 of
5this Code as a result of hate crime may bring a civil action
6for damages, injunction or other appropriate relief. The court
7may award actual damages, including damages for emotional
8distress, or punitive damages. The court may impose a civil
9penalty up to $25,000 for each violation of this subsection
10(c). A judgment may include attorney's fees and costs. After
11consulting with the local State's Attorney, the Attorney
12General may bring a civil action in the name of the People of
13the State for an injunction or other equitable relief under
14this subsection (c). In addition, the Attorney General may
15request and the court may impose a civil penalty up to $25,000
16for each violation under this subsection (c). The parents or
17legal guardians, other than guardians appointed pursuant to the
18Juvenile Court Act or the Juvenile Court Act of 1987, of an
19unemancipated minor shall be liable for the amount of any
20judgment for actual damages rendered against such minor under
21this subsection (c) in any amount not exceeding the amount
22provided under Section 5 of the Parental Responsibility Law.
23 (d) "Sexual orientation" has the meaning ascribed to it in
24paragraph (O-1) of Section 1-103 of the Illinois Human Rights
25Act.
26(Source: P.A. 99-77, eff. 1-1-16.)
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