Bill Text: IL HB3711 | 2017-2018 | 100th General Assembly | Chaptered
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: (Passed) 2017-08-18 - Public Act . . . . . . . . . 100-0197 [HB3711 Detail]
Download: Illinois-2017-HB3711-Chaptered.html
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Public Act 100-0197 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 2012 is amended by changing | ||||
Section 12-7.1 as follows:
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(720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
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Sec. 12-7.1. Hate crime.
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(a) A person 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 assault, battery, aggravated | ||||
assault, intimidation, stalking, cyberstalking, misdemeanor
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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 Section 26.5-3 of this Code,
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respectively.
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(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.
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(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:
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(1) in a church, synagogue, mosque, or other building, | ||
structure, or place
used for religious worship or other | ||
religious purpose;
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(2) in a cemetery, mortuary, or other facility used for | ||
the purpose of
burial or memorializing the dead;
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(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;
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(4) in a public park or an ethnic or religious | ||
community center;
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(5) on the real property comprising any location | ||
specified in
clauses (1) through (4) of this subsection | ||
(b-5); or
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(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).
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(b-10) Upon imposition of any sentence,
the trial
court | ||
shall also either order restitution paid to the victim
or |
impose a fine up to $1,000. 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 if the offender caused criminal damage
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to property consisting of religious fixtures, objects, or | ||
decorations. The educational program may be administered, as | ||
determined by the court, by a university, college, community | ||
college, non-profit organization, or the Holocaust and | ||
Genocide Commission. Nothing in this subsection (b-10) | ||
prohibits courses discouraging hate crimes from being made | ||
available online. The court may also
impose any other condition | ||
of probation or conditional discharge under this
Section.
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(c) Independent of any criminal prosecution or the result
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of a criminal prosecution thereof , any
person suffering injury | ||
to his or her person , or 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 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, or punitive damages. The court may impose a civil | ||
penalty up to $25,000 for each violation of this subsection | ||
(c). A judgment may 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 | ||
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 actual 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.
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(d) "Sexual orientation" has the meaning ascribed to it in | ||
paragraph (O-1) of Section 1-103 of the Illinois Human Rights | ||
Act.
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(Source: P.A. 99-77, eff. 1-1-16 .)
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