Bill Text: IL SB1380 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Provides that a person also commits a hate crime when, by reason of the actual or perceived employment as a peace officer, correctional institution employee, probation officer, parole officer, firefighter, or emergency medical services personnel 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, misdemeanor theft, criminal trespass to residence, misdemeanor criminal damage to property, criminal trespass to vehicle, criminal trespass to real property, mob action, disorderly conduct, harassment by telephone, or harassment through electronic communications.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB1380 Detail]

Download: Illinois-2017-SB1380-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB1380 Introduced 2/9/2017, by Sen. Dale Fowler - Paul Schimpf SYNOPSIS AS INTRODUCED:
720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1
Amends the Criminal Code of 2012. Provides that a person also commits a hate crime when, by reason of the actual or perceived employment as a peace officer, correctional institution employee, probation officer, parole officer, firefighter, or emergency medical services personnel 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, misdemeanor theft, criminal trespass to residence, misdemeanor criminal damage to property, criminal trespass to vehicle, criminal trespass to real property, mob action, disorderly conduct, harassment by telephone, or harassment through electronic communications.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning criminal law.
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, sexual orientation, physical or mental disability, or
national origin of another individual or group of individuals,
or by reason of the actual or perceived employment as a peace
officer, correctional institution employee, probation officer,
parole officer, firefighter, or emergency medical services
personnel 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, misdemeanor theft, criminal trespass to residence,
misdemeanor criminal damage to property, criminal trespass to
vehicle, criminal trespass to real property, mob action,
disorderly conduct, harassment by telephone, or harassment
through electronic communications as these crimes are defined
in Sections 12-1, 12-2, 12-3(a), 16-1, 19-4, 21-1, 21-2, 21-3,

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25-1, 26-1, 26.5-2, and paragraphs (a)(2) and (a)(5) of 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 a church, synagogue, mosque, or other building,
structure, or place 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 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
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.
(c) Independent of any criminal prosecution or the result
thereof, any person suffering injury to his person or damage to
his property 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. A judgment may include
attorney's fees and costs. The parents or legal guardians,

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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.
(d) In this Section:
"Emergency medical services personnel" has the meaning
ascribed to it in Section 3.5 of the Emergency Medical
Services (EMS) Systems Act.
"Firefighter" means a person employed by a fire
department or fire protection district or any volunteer
firefighter in this State.
"Sexual orientation" has the meaning ascribed to it in
paragraph (O-1) of Section 1-103 of the Illinois Human
Rights Act.
(Source: P.A. 99-77, eff. 1-1-16.)