Public Act 93-0463

SB407 Enrolled                       LRB093 08096 RLC 08298 b

    AN ACT in relation to criminal law.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Criminal  Code  of  1961 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,   regardless  of  the  existence  of  any  other
motivating factor or factors, he  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 or disorderly conduct as these crimes are  defined  in
Sections  12-1,  12-2,  12-3,  16-1,  19-4, 21-1, 21-2, 21-3,
25-1, and 26-1 of this Code, respectively, or  harassment  by
telephone  as  defined  in  Section  1-1 of the Harassing and
Obscene Communications Act, or harassment through  electronic
communications  as defined in clause (a)(4) of Section 1-2 of
the Harassing and Obscene Communications Act.
    (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;
         (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
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.  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,  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)  "Sexual    orientation"    means    heterosexuality,
homosexuality, or bisexuality.
(Source: P.A. 92-830, eff. 1-1-03.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.