Illinois General Assembly - Bill Status for HB2390

Amends the Criminal Code of 2012. Removes cap on restitution. Removes intent requirement for hate crime committed in or causing damage to a place of worship. Provides that as a condition of probation or conditional discharge for hate crime, the court shall require the offender to perform public or community service of no less than 200 hours (even if that service is not established in the county where the offender was convicted of hate crime) and to enroll in an educational program discouraging hate crimes involving the protected class identified in the statute that gave rise to the offense committed. The educational program must be attended in-person. Expands organization that can provide the educational program. Clarifies that any hate crime victim who files a civil action shall be entitled to recover attorney's fees and costs. Provides that the parents or legal guardians, other than guardians appointed under the Juvenile Court Act, of an unemancipated minor shall be liable for the amount of any judgment for a hate crime for all (rather than actual) damages rendered against the minor in any amount not exceeding the amount provided under the Parental Responsibility Law. Requires if a person is convicted of hate crime in addition to one or more other convictions, that if imprisonment is to be imposed on the convictions the sentences must be served consecutively.

Deletes provision that the enhanced penalty for hate crime committed in, or causing damage to, a church, synagogue, mosque, or other building, structure, or place identified or associated with a particular religion or used for religious worship or other religious purpose applies regardless of the person's intent. Restores provision that an order that the offender perform public or community service is contingent upon that service being established in the county where the offender was convicted of the hate crime.

Replaces everything after the enacting clause. Reinserts the provisions of the bill. Deletes provision that the enhanced penalty for hate crime committed in, or causing damage to, a church, synagogue, mosque, or other building, structure, or place identified or associated with a particular religion or used for religious worship or other religious purpose applies regardless of the person's intent. Replaces new language in hate crime statute, "causes damage to" with "upon the exterior or grounds of" a building or structure used for a religious purpose. Restores provision that an order that the offender perform public or community service is contingent upon that service being established in the county where the offender was convicted of the hate crime. Deletes the new provision in the Unified Code of Corrections that requires the court to impose a consecutive sentence when the defendant was convicted of a hate crime. Makes technical changes in the hate crime statute.

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