Illinois General Assembly - Full Text of HB1801
Illinois General Assembly

Previous General Assemblies

Full Text of HB1801  100th General Assembly

HB1801 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB1801

 

Introduced , by Rep. Michael P. McAuliffe

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-7.1  from Ch. 38, par. 12-7.1

    Amends the Criminal Code of 2012. Provides a person also commits a hate crime if by reason of the actual or perceived employment as a peace 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. Penalty is a Class 4 felony for a first offense and a Class 2 felony for a second or subsequent offense, unless committed in certain specified locations in which case the penalty is a Class 3 felony for a first offense and a Class 2 felony for a second or subsequent offense.


LRB100 07138 RLC 17193 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1801LRB100 07138 RLC 17193 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 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
9actual or perceived race, color, creed, religion, ancestry,
10gender, sexual orientation, physical or mental disability, or
11national origin of another individual or group of individuals,
12or by reason of the actual or perceived employment as a peace
13officer, firefighter, or emergency medical services personnel
14of another individual or group of individuals, regardless of
15the existence of any other motivating factor or factors, he or
16she commits assault, battery, aggravated assault, misdemeanor
17theft, criminal trespass to residence, misdemeanor criminal
18damage to property, criminal trespass to vehicle, criminal
19trespass to real property, mob action, disorderly conduct,
20harassment by telephone, or harassment through electronic
21communications as these crimes are defined in Sections 12-1,
2212-2, 12-3(a), 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, 26-1,
2326.5-2, and paragraphs (a)(2) and (a)(5) of Section 26.5-3 of

 

 

HB1801- 2 -LRB100 07138 RLC 17193 b

1this Code, respectively.
2    (b) Except as provided in subsection (b-5), hate crime is a
3Class 4 felony for a first offense and a Class 2 felony for a
4second or subsequent offense.
5    (b-5) Hate crime is a Class 3 felony for a first offense
6and a Class 2 felony for a second or subsequent offense if
7committed:
8        (1) in a church, synagogue, mosque, or other building,
9    structure, or place used for religious worship or other
10    religious purpose;
11        (2) in a cemetery, mortuary, or other facility used for
12    the purpose of burial or memorializing the dead;
13        (3) in a school or other educational facility,
14    including an administrative facility or public or private
15    dormitory facility of or associated with the school or
16    other educational facility;
17        (4) in a public park or an ethnic or religious
18    community center;
19        (5) on the real property comprising any location
20    specified in clauses (1) through (4) of this subsection
21    (b-5); or
22        (6) on a public way within 1,000 feet of the real
23    property comprising any location specified in clauses (1)
24    through (4) of this subsection (b-5).
25    (b-10) Upon imposition of any sentence, the trial court
26shall also either order restitution paid to the victim or

 

 

HB1801- 3 -LRB100 07138 RLC 17193 b

1impose a fine up to $1,000. In addition, any order of probation
2or conditional discharge entered following a conviction or an
3adjudication of delinquency shall include a condition that the
4offender perform public or community service of no less than
5200 hours if that service is established in the county where
6the offender was convicted of hate crime. In addition, any
7order of probation or conditional discharge entered following a
8conviction or an adjudication of delinquency shall include a
9condition that the offender enroll in an educational program
10discouraging hate crimes if the offender caused criminal damage
11to property consisting of religious fixtures, objects, or
12decorations. The educational program may be administered, as
13determined by the court, by a university, college, community
14college, non-profit organization, or the Holocaust and
15Genocide Commission. Nothing in this subsection (b-10)
16prohibits courses discouraging hate crimes from being made
17available online. The court may also impose any other condition
18of probation or conditional discharge under this Section.
19    (c) Independent of any criminal prosecution or the result
20thereof, any person suffering injury to his person or damage to
21his property as a result of hate crime may bring a civil action
22for damages, injunction or other appropriate relief. The court
23may award actual damages, including damages for emotional
24distress, or punitive damages. A judgment may include
25attorney's fees and costs. The parents or legal guardians,
26other than guardians appointed pursuant to the Juvenile Court

 

 

HB1801- 4 -LRB100 07138 RLC 17193 b

1Act or the Juvenile Court Act of 1987, of an unemancipated
2minor shall be liable for the amount of any judgment for actual
3damages rendered against such minor under this subsection (c)
4in any amount not exceeding the amount provided under Section 5
5of the Parental Responsibility Law.
6    (d) "Sexual orientation" has the meaning ascribed to it in
7paragraph (O-1) of Section 1-103 of the Illinois Human Rights
8Act.
9(Source: P.A. 99-77, eff. 1-1-16.)