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1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Criminal Code of 1961 is amended by changing
5Section 12-7.1 as follows:
6    (720 ILCS 5/12-7.1)  (from Ch. 38, par. 12-7.1)
7    Sec. 12-7.1. Hate crime.
8    (a) A person commits hate crime when, by reason of the
9actual or perceived race, color, creed, religion, ancestry,
10gender, sexual orientation, physical or mental disability, or
11national origin of another individual or group of individuals,
12regardless of the existence of any other motivating factor or
13factors, he commits assault, battery, aggravated assault,
14misdemeanor theft, criminal trespass to residence, misdemeanor
15criminal damage to property, criminal trespass to vehicle,
16criminal trespass to real property, mob action or disorderly
17conduct as these crimes are defined in Sections 12-1, 12-2,
1812-3, 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, and 26-1 of this
19Code, respectively, or harassment by telephone as defined in
20Section 1-1 of the Harassing and Obscene Communications Act, or
21harassment through electronic communications as defined in
22clauses (a)(2) and (a)(4) of Section 1-2 of the Harassing and
23Obscene Communications Act.



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1    (b) Except as provided in subsection (b-5), hate crime is a
2Class 4 felony for a first offense and a Class 2 felony for a
3second or subsequent offense.
4    (b-5) Hate crime is a Class 3 felony for a first offense
5and a Class 2 felony for a second or subsequent offense if
7        (1) in a church, synagogue, mosque, or other building,
8    structure, or place used for religious worship or other
9    religious purpose;
10        (2) in a cemetery, mortuary, or other facility used for
11    the purpose of burial or memorializing the dead;
12        (3) in a school or other educational facility,
13    including an administrative facility or public or private
14    dormitory facility of or associated with the school or
15    other educational facility;
16        (4) in a public park or an ethnic or religious
17    community center;
18        (5) on the real property comprising any location
19    specified in clauses (1) through (4) of this subsection
20    (b-5); or
21        (6) on a public way within 1,000 feet of the real
22    property comprising any location specified in clauses (1)
23    through (4) of this subsection (b-5).
24    (b-10) Upon imposition of any sentence, the trial court
25shall also either order restitution paid to the victim or
26impose a fine up to $1,000. In addition, any order of probation



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1or conditional discharge entered following a conviction or an
2adjudication of delinquency shall include a condition that the
3offender perform public or community service of no less than
4200 hours if that service is established in the county where
5the offender was convicted of hate crime. In addition, any
6order of probation or conditional discharge entered following a
7conviction or an adjudication of delinquency shall include a
8condition that the offender enroll in an educational program
9discouraging hate crimes if the offender caused criminal damage
10to property consisting of religious fixtures, objects, or
11decorations. The educational program may be administered, as
12determined by the court, by a university, college, community
13college, non-profit organization, or the Holocaust and
14Genocide Commission. Nothing in this subsection (b-10)
15prohibits courses discouraging hate crimes from being made
16available online. The court may also impose any other condition
17of probation or conditional discharge under this Section.
18    (c) Independent of any criminal prosecution or the result
19thereof, any person suffering injury to his person or damage to
20his property as a result of hate crime may bring a civil action
21for damages, injunction or other appropriate relief. The court
22may award actual damages, including damages for emotional
23distress, or punitive damages. A judgment may include
24attorney's fees and costs. The parents or legal guardians,
25other than guardians appointed pursuant to the Juvenile Court
26Act or the Juvenile Court Act of 1987, of an unemancipated



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1minor shall be liable for the amount of any judgment for actual
2damages rendered against such minor under this subsection (c)
3in any amount not exceeding the amount provided under Section 5
4of the Parental Responsibility Law.
5    (d) "Sexual orientation" means heterosexuality,
6homosexuality, or bisexuality.
7(Source: P.A. 93-463, eff. 8-8-03; 93-765, eff. 7-19-04; 94-80,
8eff. 6-27-05.)
9    Section 99. Effective date. This Act takes effect January
101, 2012.