HB3023 104TH GENERAL ASSEMBLY

LRB104 10528 JRC 20603 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3023

Introduced 2/6/2025, by Rep. Margaret Croke

SYNOPSIS AS INTRODUCED:

New Act

Creates the Neighborhood Freedom from Intimidation Act. Creates a private cause of action for persons threatened by intimidation by threat of violence. Provides that if a plaintiff prevails in an action, the court shall award actual damages, including, but not limited to, emotional distress or $10,000 per defendant, whichever is greater. Provides that if a plaintiff prevails in the action, the court shall award the plaintiff reasonable attorney's fees and costs. Exempts statements concerning positions in a labor dispute that are made during otherwise lawful labor picketing. Provides that speech alone may not support an action brought under this Act, except upon a showing of all of the following: (i) the speech itself threatens violence against a specific person or group of persons; (ii) the person or group of persons against whom the threat is directed reasonably fears that, because of the speech, violence will be committed against them or their property; (iii) the person threatening violence is acting in reckless disregard for the threatening nature of the speech; and (iv) the person threatening violence has the apparent ability to carry out the threat.

A BILL FOR

AN ACT concerning human rights.

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

Section 1. Short title. This Act may be cited as the Neighborhood Freedom from Intimidation Act.

Section 5. Legislative intent. All persons within the jurisdiction of this State have the right to be free from any violence or intimidation by threat of violence committed against them or their property because of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status, or national origin, regardless of the existence of any other motivating factor or factors. In particular, this Act is to address the rapidly growing trend of hate littering incidents in the community, deter future incidents, and give victims the recourse needed to recover from their trauma as soon as possible.

Section 10. Definitions. As used in this Act:

"Intimidation by threat of violence" includes, but is not limited to, making or threatening to make a claim or report to a peace officer or law enforcement agency that falsely alleges that another person has engaged in unlawful activity or in an activity that requires law enforcement intervention, knowing that the claim or report is false, or with reckless disregard for the truth or falsity of the claim or report. "Intimidation by threat of violence" also includes, but is not limited to, terrorizing the owner or occupant of private property with the distribution of materials on the private property, without authorization, with the purpose of terrorizing the owner or occupant of that private property.

"Terrorize" means to cause a person of ordinary emotions and sensibilities to fear for personal safety.

Section 15. Civil action.

(a) This Act creates a private cause of action against any person, persons, and groups of persons however organized who engage in intimidation by threat of violence another person or persons because of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status, or national origin of another individual or group of individuals, regardless of the existence of any other motivating factor or factors.

(b) If a plaintiff prevails in this action, the court shall award actual damages, including, but not limited to, emotional distress or $10,000 per defendant of this Act, whichever is greater.

(c) If a plaintiff prevails in this action, the court shall award the plaintiff reasonable attorney's fees and costs.

(d) This Section does not apply to statements concerning positions in a labor dispute that are made during otherwise lawful labor picketing.

Section 20. Exceptions for speech. Speech alone may not support an action brought under this Act, except upon a showing of all of the following:

(1) The speech itself threatens violence against a specific person or group of persons.

(2) The person or group of persons against whom the threat is directed reasonably fears that, because of the speech, violence will be committed against them or their property.

(3) The person threatening violence is acting in reckless disregard for the threatening nature of the speech.

(4) The person threatening violence has the apparent ability to carry out the threat.