HB3023eng 104TH GENERAL ASSEMBLY

HB3023 Engrossed LRB104 10528 JRC 20603 b

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 being threatened or intimidated by intentionally threatening leafletting or the intentional false reporting of a violent crime. The purpose of this Act is to address the rapidly growing trend of such intentional threats and intimidation 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:

"Intentional false reporting of a violent crime" means intentionally making a claim or report to a peace officer or law enforcement agency falsely alleging that another person has engaged in violent criminal activity knowing that the claim or report is false and reasonably likely to cause an emergency response from a peace officer or law enforcement agency.

"Intentionally threatening leafletting" means intentionally distributing or depositing any leaflets, handbills, flyers, or other materials on another's private property, without authorization, with the malicious intent to threaten or intimidate another person or group based upon the person's or group's actual or perceived race, color, creed, religion, ethnicity, ancestry, national origin, citizenship, immigration status, sex, sexual orientation, gender, gender identity, gender expression, or physical or mental disability.

"Malicious intent to threaten or intimidate" means an intent to convey a verbal or nonverbal threat, or a combination of the 2, which places the owner or an occupant of the property, or an owner or occupant's invitee, in reasonable fear for owner's, occupant's, or invitee's physical safety or the physical safety of the owner's, occupant's, or invitee's family members or individuals closely associated with the owner, occupant, or invitee.

Section 15. Civil action.

(a) An aggrieved person who has been threatened or intimidated by intentionally threatening leafletting may initiate a private cause of action against any person, persons, or groups of persons however organized who have engaged in such conduct to obtain all appropriate relief, including injunctive relief, monetary damages, reasonable attorney's fees and costs, or any other appropriate relief in law or equity.

(b) An aggrieved person who has been threatened or intimidated by the intentional false reporting of a violent crime may initiate a private cause of action against any person, persons, or groups of persons however organized who have engaged in such conduct to obtain all appropriate relief, including injunctive relief, monetary damages, reasonable attorney's fees and costs, or any other appropriate relief in law or equity.

(c) Speech alone may not support a private cause of action brought under this Act, except upon a showing of all of the following:

(1) The speech itself intentionally threatens physical 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, physical violence will be committed against them, their family members, or individuals closely associated with them.

(3) The person threatening violence intends to place the targeted individual or group, their family members, or individuals closely associated with them in reasonable fear for their physical safety.

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

Section 20. Construction. Nothing in this Act may be construed to limit the right to seek other available criminal or civil remedies. The remedies in this Act are cumulative, not exclusive.

Section 25. Severability. The provisions in this Act are severable. If any provision of this Act or its application is held invalid, that invalidity does not affect other provisions or applications that can be given effect without the invalid provision or application.

Section 30. Constitutionality. The General Assembly does not intend, nor does this Act allow, private causes of actions to be brought for constitutionally protected activity.