96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5835


 
Introduced 2/10/2010, by Rep. Esther Golar
 
SYNOPSIS AS INTRODUCED:
 		





 








720 ILCS 5/12-7.6










     Amends the Criminal Code of 1961.  Creates the offense of using a hate symbol to intimidate or harass.  Provides that a person commits the offense who without written authorization and with the intent to intimidate or harass any other person or group of
persons based on religion, national origin, alienage, color, race, sex, sexual orientation, physical disability, or mental disability: (1) hangs or otherwise displays a hangman's noose or a simulation thereof on any public property or private property; (2)  etches, paints, draws, or otherwise displays a Nazi swastika, commonly exhibited as the emblem of Nazi Germany or a simulation thereof; or (3) burns or desecrates a cross or other religious symbol knowing it to be a religious symbol on any public property or private property.  Provides that a first offense is a Class 3 felony and a second or subsequent offense is a Class 2 felony.
  















LRB096 17919 RLC 33287 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 




  






HB5835

LRB096 17919 RLC 33287 b





  
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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 
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Section 12-7.6 as follows:
 
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    (720 ILCS 5/12-7.6)

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    Sec. 12-7.6. Using a hate symbol to intimidate or harass 
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Cross burning.

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    (a) A person commits the offense of using a hate symbol to 
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intimidate or harass cross burning who, without written 
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authorization, and with the intent to
intimidate or harass any 
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other person or group of
persons based on religion, national 
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origin, alienage, color, race, sex, sexual orientation, 
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physical disability, or mental disability: ,
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        (1)  hangs or otherwise displays a hangman's noose or a 
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    simulation thereof on any public property or private 
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    property;
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        (2)  etches, paints, draws, or otherwise displays a Nazi 
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    swastika, commonly exhibited as the emblem of Nazi Germany 
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    or a simulation thereof; or
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        (3) burns or desecrates a cross or other religious 
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    symbol knowing it to be a religious symbol on any public 
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    property or private property.       burns or causes to be 
 


 






HB5835
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LRB096 17919 RLC 33287 b




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    burned a cross.


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    (b) Sentence. Using a hate symbol to intimidate or harass 
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Cross burning is a Class 3 felony A misdemeanor for a first 
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offense and
a
Class 2 4 felony for a second or subsequent 
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offense.


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    (c) For the purposes of this Section: ,
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        (1) A a person acts with the "intent to
intimidate"

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    when he or she intentionally places or attempts to place 
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    another person in fear
of physical
injury or fear of damage 
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    to that other person's property.

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        (2)  "Noose" means a rope tied into a slip knot, which 
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    binds closer the more it is drawn and which historically 
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    has been used in hanging executions.

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    (d)  As used in this Section, "cross burning" is considered 
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a virulent form of intimidation with a long and pernicious 
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history as a signal of impending violence. 
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(Source: P.A. 93-764, eff. 1-1-05.)