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


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 24-0)

Status: (Engrossed) 2017-04-26 - Referred to Assignments [HB3711 Detail]

Download: Illinois-2017-HB3711-Engrossed.html



HB3711 EngrossedLRB100 08058 RLC 21790 b
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), 12-6, 12-7.3,
2112-7.5, 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-1,
2226.5-2, and paragraphs (a)(2) and (a)(5) of Section 26.5-3 of
23this Code, respectively.

HB3711 Engrossed- 2 -LRB100 08058 RLC 21790 b
1 (b) Except as provided in subsection (b-5), hate crime is a
2Class 4 felony for a first offense and a Class 2 felony for a
3second or subsequent offense.
4 (b-5) Hate crime is a Class 3 felony for a first offense
5and a Class 2 felony for a second or subsequent offense if
6committed:
7 (1) in a church, synagogue, mosque, or other building,
8 structure, or place used for religious worship or other
9 religious purpose;
10 (2) in a cemetery, mortuary, or other facility used for
11 the purpose of burial or memorializing the dead;
12 (3) in a school or other educational facility,
13 including an administrative facility or public or private
14 dormitory facility of or associated with the school or
15 other educational facility;
16 (4) in a public park or an ethnic or religious
17 community center;
18 (5) on the real property comprising any location
19 specified in clauses (1) through (4) of this subsection
20 (b-5); or
21 (6) on a public way within 1,000 feet of the real
22 property comprising any location specified in clauses (1)
23 through (4) of this subsection (b-5).
24 (b-10) Upon imposition of any sentence, the trial court
25shall also either order restitution paid to the victim or
26impose a fine up to $1,000. In addition, any order of probation

HB3711 Engrossed- 3 -LRB100 08058 RLC 21790 b
1or conditional discharge entered following a conviction or an
2adjudication of delinquency shall include a condition that the
3offender perform public or community service of no less than
4200 hours if that service is established in the county where
5the offender was convicted of hate crime. In addition, any
6order of probation or conditional discharge entered following a
7conviction or an adjudication of delinquency shall include a
8condition that the offender enroll in an educational program
9discouraging hate crimes if the offender caused criminal damage
10to property consisting of religious fixtures, objects, or
11decorations. The educational program may be administered, as
12determined by the court, by a university, college, community
13college, non-profit organization, or the Holocaust and
14Genocide Commission. Nothing in this subsection (b-10)
15prohibits courses discouraging hate crimes from being made
16available online. The court may also impose any other condition
17of probation or conditional discharge under this Section.
18 (c) Independent of any criminal prosecution or the result
19of a criminal prosecution thereof, any person suffering injury
20to his or her person, or damage to his or her property,
21intimidation as defined in Section 12-6 of this Code, stalking
22as defined in Section 12-7.3 of this Code, cyberstalking as
23defined in Section 12-7.5 of this Code, disorderly conduct as
24defined in paragraph (a)(1) of Section 26-1 of this Code,
25transmission of obscene messages as defined in Section 26.5-1
26of this Code, harassment by telephone as defined in Section

HB3711 Engrossed- 4 -LRB100 08058 RLC 21790 b
126.5-2 of this Code, or harassment through electronic
2communications as defined in paragraphs (a)(2) and (a)(5) of
3Section 26.5-3 of this Code as a result of hate crime, or,
4after consulting with the local State's Attorney, the Attorney
5General in the name of the People of the State, may bring a
6civil action for damages, injunction or other appropriate
7relief. The court may award actual damages, including damages
8for emotional distress, or punitive damages. The court may
9impose a civil penalty up to $25,000 for each violation of this
10Section. A judgment may include attorney's fees and costs. The
11parents or legal guardians, other than guardians appointed
12pursuant to the Juvenile Court Act or the Juvenile Court Act of
131987, of an unemancipated minor shall be liable for the amount
14of any judgment for actual damages rendered against such minor
15under this subsection (c) in any amount not exceeding the
16amount provided under Section 5 of the Parental Responsibility
17Law.
18 (d) "Sexual orientation" has the meaning ascribed to it in
19paragraph (O-1) of Section 1-103 of the Illinois Human Rights
20Act.
21(Source: P.A. 99-77, eff. 1-1-16.)
feedback