HB3711 Engrossed LRB100 08058 RLC 21790 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 changing
5		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), 12-6, 12-7.3,
21		12-7.5, 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-1,
22		26.5-2, and paragraphs (a)(2) and (a)(5) of Section 26.5-3 of
23		this Code, respectively.

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1		(b) Except as provided in subsection (b-5), hate crime is a
2		Class 4 felony for a first offense and a Class 2 felony for a
3		second or subsequent offense.
4		(b-5) Hate crime is a Class 3 felony for a first offense
5		and a Class 2 felony for a second or subsequent offense if
6		committed:
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
25		shall also either order restitution paid to the victim or
26		impose a fine up to $1,000. In addition, any order of probation

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1		or conditional discharge entered following a conviction or an
2		adjudication of delinquency shall include a condition that the
3		offender perform public or community service of no less than
4		200 hours if that service is established in the county where
5		the offender was convicted of hate crime. In addition, any
6		order of probation or conditional discharge entered following a
7		conviction or an adjudication of delinquency shall include a
8		condition that the offender enroll in an educational program
9		discouraging hate crimes if the offender caused criminal damage
10		to property consisting of religious fixtures, objects, or
11		decorations. The educational program may be administered, as
12		determined by the court, by a university, college, community
13		college, non-profit organization, or the Holocaust and
14		Genocide Commission. Nothing in this subsection (b-10)
15		prohibits courses discouraging hate crimes from being made
16		available online. The court may also impose any other condition
17		of probation or conditional discharge under this Section.
18		(c) Independent of any criminal prosecution or the result
19		of a criminal prosecution thereof, any person suffering injury
20		to his or her person, or damage to his or her property,
21		intimidation as defined in Section 12-6 of this Code, stalking
22		as defined in Section 12-7.3 of this Code, cyberstalking as
23		defined in Section 12-7.5 of this Code, disorderly conduct as
24		defined in paragraph (a)(1) of Section 26-1 of this Code,
25		transmission of obscene messages as defined in Section 26.5-1
26		of this Code, harassment by telephone as defined in Section

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