| |||||||
| |||||||
| |||||||
| 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 1961 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 commits assault, battery, aggravated assault, | ||||||
| 14 | misdemeanor
theft, criminal trespass to residence, misdemeanor | ||||||
| 15 | criminal damage
to property, criminal trespass to vehicle, | ||||||
| 16 | criminal trespass to real property,
mob action or disorderly | ||||||
| 17 | conduct as these crimes are defined in Sections 12-1,
12-2, | ||||||
| 18 | 12-3, 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, and 26-1 of this | ||||||
| 19 | Code,
respectively, or harassment by telephone as defined in | ||||||
| 20 | Section 1-1 of the
Harassing and Obscene Communications Act, or | ||||||
| 21 | harassment through electronic
communications as defined in | ||||||
| 22 | clauses (a)(2) and (a)(4) of Section 1-2 of the Harassing and
| ||||||
| 23 | Obscene Communications Act.
| ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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. The court may also
impose any other | ||||||
| 15 | condition of probation or conditional discharge under this
| ||||||
| 16 | Section.
| ||||||
| 17 | (c) Independent of any criminal prosecution or the result
| ||||||
| 18 | thereof, any
person suffering injury to his person or damage to | ||||||
| 19 | his property as a result
of hate crime may bring a civil action | ||||||
| 20 | for damages, injunction
or other appropriate relief. The court | ||||||
| 21 | may award actual damages, including
damages for emotional | ||||||
| 22 | distress, or punitive damages. A judgment may include
| ||||||
| 23 | attorney's fees and costs. The parents or legal guardians, | ||||||
| 24 | other than
guardians appointed pursuant to the Juvenile Court | ||||||
| 25 | Act or the Juvenile
Court Act of 1987, of an unemancipated | ||||||
| 26 | minor shall be liable for the amount
of any judgment for actual | ||||||
| |||||||
| |||||||
| 1 | damages rendered against such minor under this
subsection (c) | ||||||
| 2 | in any amount not exceeding the amount provided under
Section 5 | ||||||
| 3 | of the Parental Responsibility Law.
| ||||||
| 4 | (d) "Sexual orientation" means heterosexuality, | ||||||
| 5 | homosexuality,
or bisexuality.
| ||||||
| 6 | (Source: P.A. 93-463, eff. 8-8-03; 93-765, eff. 7-19-04; 94-80, | ||||||
| 7 | eff. 6-27-05.)
| ||||||
| 8 | Section 99. Effective date. This Act takes effect January | ||||||
| 9 | 1, 2012.
| ||||||