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| Public Act 094-0080 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing | ||||
Section 12-7.1 as follows:
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(720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
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Sec. 12-7.1. Hate crime.
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(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 | ||||
clauses (a)(2) and
clause (a)(4) of Section 1-2 of the | ||||
Harassing and
Obscene Communications Act.
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(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.
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(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:
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(1) in a church, synagogue, mosque, or other building, | ||||
structure, or place
used for religious worship or other | ||||
religious purpose;
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(2) in a cemetery, mortuary, or other facility used for | ||
the purpose of
burial or memorializing the dead;
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(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;
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(4) in a public park or an ethnic or religious | ||
community center;
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(5) on the real property comprising any location | ||
specified in
clauses (1) through (4) of this subsection | ||
(b-5); or
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(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).
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(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
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impose any other condition of probation or conditional | ||
discharge under this
Section.
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(c) Independent of any criminal prosecution or the result
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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
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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.
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(d) "Sexual orientation" means heterosexuality, | ||
homosexuality,
or bisexuality.
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(Source: P.A. 92-830, eff. 1-1-03; 93-463, eff. 8-8-03; 93-765, | ||
eff. 7-19-04.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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