SB3591 104TH GENERAL ASSEMBLY

LRB104 17658 RLC 31089 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3591

Introduced 2/5/2026, by Sen. Elgie R. Sims, Jr.

SYNOPSIS AS INTRODUCED:

New Act
725 ILCS 5/115-7.4

Creates the Statewide Hate Crime Information Act. Provides that the Illinois State Police shall compile and maintain information about hate crime and shall adopt a uniform reporting format for the entry of pertinent intelligence information regarding the report of a hate crime to the Illinois State Police Statewide Terrorism and Intelligence Center. Provides that each law enforcement agency shall: (1) submit a report to the Illinois State Police through the Central Repository after any arrest with probable cause demonstrating the commission of a hate crime; (2) submit reports of persons arrested for hate crimes as soon as the minimum level of data or information specified by the Illinois State Police is available; and (3) notify the applicable prosecutor of any other information in the accused person's history of perpetrating hate crimes. Amends the Code of Criminal Procedure of 1963. Provides that in a criminal prosecution in which the defendant is charged with a hate crime, evidence of the defendant's commission of another hate crime is admissible and may be considered for its bearing on any matter to which it is relevant.

A BILL FOR

AN ACT concerning hate crime.

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 Statewide Hate Crime Information Act.

Section 5. Definitions. In this Act:

"Director" means the Director of the Illinois State Police.

"Hate crime" means any crime defined in subsection (a) of Section 12-7.1 of the Criminal Code of 2012.

Section 10. Duties of the Illinois State Police.

(a) The Illinois State Police shall compile and maintain information about hate crimes in order to gather information regarding the various modus operandi used to victimize individuals or groups by reason of actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, or physical or mental disability, organizations that tend to routinely target individuals or groups by reason of actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, or physical or mental disability, and geographic areas where hate crimes tend to occur.

(b) The Illinois State Police shall adopt a uniform reporting format for the entry of pertinent intelligence information regarding the report of a person arrested for a hate crime to the Illinois State Police Statewide Terrorism and Intelligence Center. The report shall include, at a minimum:

(1) the date, time, and specific location of the incident;

(2) the protected characteristic targeted (bias motivation);

(3) a narrative description of the incident;

(4) the identity of the suspect and victim (subject to confidentiality laws);

(5) any organized group involved or affirmatively supporting the incident; and

(6) any additional information deemed necessary for further investigative purposes.

(c) The Illinois State Police shall cooperate with all law enforcement agencies wishing to gain access to the Illinois State Police Statewide Terrorism and Intelligence Center and facilitate their entry into the system.

(d) The Illinois State Police shall use the information to develop and recommend techniques to be used by law enforcement agencies and prosecutors in the investigation, apprehension, and prosecution of hate crime offenders.

Section 15. Duties of local law enforcement agencies. Each law enforcement agency shall:

(1) submit a report to the Illinois State Police through the Central Repository after any arrest with probable cause demonstrating the commission of a hate crime;

(2) submit reports of persons arrested for hate crimes as soon as the minimum level of data or information specified by the Illinois State Police is available; and

(3) notify the applicable prosecutor of any other information in the accused person's history of perpetrating hate crimes.

Section 90. The Code of Criminal Procedure of 1963 is amended by changing Section 115-7.4 as follows:

(725 ILCS 5/115-7.4)

Sec. 115-7.4. Evidence in domestic violence, murder, and hate crime cases.

(a) In a criminal prosecution in which the defendant is accused of an offense of domestic violence as defined in paragraphs (1) and (3) of Section 103 of the Illinois Domestic Violence Act of 1986, or first degree murder or second degree murder when the commission of the offense involves domestic violence, or a hate crime as defined in subsection (a) of Section 12-7.1 of the Criminal Code of 2012, evidence of the defendant's commission of another offense or offenses of domestic violence or hate crimes is admissible, and may be considered for its bearing on any matter to which it is relevant.

(b) In weighing the probative value of the evidence against undue prejudice to the defendant, the court may consider:

(1) the proximity in time to the charged or predicate offense;

(2) the degree of factual similarity to the charged or predicate offense; or

(3) other relevant facts and circumstances.

(c) In a criminal case in which the prosecution intends to offer evidence under this Section, it must disclose the evidence, including statements of witnesses or a summary of the substance of any testimony, at a reasonable time in advance of trial, or during trial if the court excuses pretrial notice on good cause shown.

(d) In a criminal case in which evidence is offered under this Section, proof may be made by specific instances of conduct, testimony as to reputation, or testimony in the form of an expert opinion, except that the prosecution may offer reputation testimony only after the opposing party has offered that testimony.

(Source: P.A. 97-1036, eff. 8-20-12.)