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 Bill Status of HB2390  100th General Assembly


Short Description:  CRIM CD&CD CORR-HATE CRIME

House Sponsors
Rep. Stephanie A. Kifowit - Sara Feigenholtz - David S. Olsen - Nick Sauer - Litesa E. Wallace

Last Action
DateChamber Action
  4/26/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate

Statutes Amended In Order of Appearance
720 ILCS 5/12-7.1from Ch. 38, par. 12-7.1
730 ILCS 5/3-3-7from Ch. 38, par. 1003-3-7
730 ILCS 5/5-6-3from Ch. 38, par. 1005-6-3
730 ILCS 5/5-8-4from Ch. 38, par. 1005-8-4


Synopsis As Introduced
Amends the Criminal Code of 2012. Removes cap on restitution. Removes intent requirement for hate crime committed in or causing damage to a place of worship. Provides that as a condition of probation or conditional discharge for hate crime, the court shall require the offender to perform public or community service of no less than 200 hours (even if that service is not established in the county where the offender was convicted of hate crime) and to enroll in an educational program discouraging hate crimes involving the protected class identified in the statute that gave rise to the offense committed. The educational program must be attended in-person. Expands organization that can provide the educational program. Clarifies that any hate crime victim who files a civil action shall be entitled to recover attorney's fees and costs. Provides that the parents or legal guardians, other than guardians appointed under the Juvenile Court Act, of an unemancipated minor shall be liable for the amount of any judgment for a hate crime for all (rather than actual) damages rendered against the minor in any amount not exceeding the amount provided under the Parental Responsibility Law. Requires if a person is convicted of hate crime in addition to one or more other convictions, that if imprisonment is to be imposed on the convictions the sentences must be served consecutively.

House Committee Amendment No. 1
Deletes provision that the enhanced penalty for hate crime committed in, or causing damage to, a church, synagogue, mosque, or other building, structure, or place identified or associated with a particular religion or used for religious worship or other religious purpose applies regardless of the person's intent. Restores provision that an order that the offender perform public or community service is contingent upon that service being established in the county where the offender was convicted of the hate crime.

House Floor Amendment No. 3
Deletes reference to:
730 ILCS 5/5-8-4from Ch. 38, par. 1005-8-4

Replaces everything after the enacting clause. Reinserts the provisions of the bill. Deletes provision that the enhanced penalty for hate crime committed in, or causing damage to, a church, synagogue, mosque, or other building, structure, or place identified or associated with a particular religion or used for religious worship or other religious purpose applies regardless of the person's intent. Replaces new language in hate crime statute, "causes damage to" with "upon the exterior or grounds of" a building or structure used for a religious purpose. Restores provision that an order that the offender perform public or community service is contingent upon that service being established in the county where the offender was convicted of the hate crime. Deletes the new provision in the Unified Code of Corrections that requires the court to impose a consecutive sentence when the defendant was convicted of a hate crime. Makes technical changes in the hate crime statute.

Actions 
DateChamber Action
  2/3/2017HouseFiled with the Clerk by Rep. Stephanie A. Kifowit
  2/3/2017HouseAdded Chief Co-Sponsor Rep. Sara Feigenholtz
  2/6/2017HouseFirst Reading
  2/6/2017HouseReferred to Rules Committee
  2/14/2017HouseAssigned to Judiciary - Criminal Committee
  3/7/2017HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Stephanie A. Kifowit
  3/7/2017HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/9/2017HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  3/20/2017HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Stephanie A. Kifowit
  3/20/2017HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  3/21/2017HouseAdded Chief Co-Sponsor Rep. Litesa E. Wallace
  3/21/2017HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Criminal Committee; by Voice Vote
  3/21/2017HouseDo Pass as Amended / Short Debate Judiciary - Criminal Committee; 008-005-000
  3/21/2017HouseHouse Committee Amendment No. 2 Tabled Pursuant to Rule 40
  3/22/2017HousePlaced on Calendar 2nd Reading - Short Debate
  3/22/2017HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Stephanie A. Kifowit
  3/22/2017HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  3/23/2017HouseHouse Floor Amendment No. 3 Rules Refers to Judiciary - Criminal Committee
  4/5/2017HouseHouse Floor Amendment No. 3 Recommends Be Adopted Judiciary - Criminal Committee; 012-000-000
  4/7/2017HouseAdded Chief Co-Sponsor Rep. David S. Olsen
  4/25/2017HouseAdded Chief Co-Sponsor Rep. Nick Sauer
  4/26/2017HouseSecond Reading - Short Debate
  4/26/2017HouseHouse Floor Amendment No. 3 Adopted
  4/26/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate

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