Full Text of HB5114 96th General Assembly
HB5114 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5114
Introduced 1/29/2010, by Rep. Thomas Holbrook SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/12-7.1 |
from Ch. 38, par. 12-7.1 |
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Amends the Criminal Code of 1961. Includes in the definition of hate crime, specific crimes directed against an individual or group of individuals because of their actual or perceived homelessness, status as an active duty member of the Armed Forces of the United States, any reserve component of the Armed Forces of the United States, the Illinois Army National Guard, or the Illinois Air National Guard, or status as a veteran.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5114 |
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LRB096 15768 RLC 35184 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 | 5 |
| Section 12-7.1 as follows:
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| (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
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| Sec. 12-7.1. Hate crime.
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| (a) A person commits hate crime when, by reason of the | 9 |
| actual or
perceived homelessness, status as an active duty | 10 |
| member of the Armed Forces of the United States, any reserve | 11 |
| component of the Armed Forces of the United States, the | 12 |
| Illinois Army National Guard, or the Illinois Air National | 13 |
| Guard, or status as a veteran, race, color, creed, religion, | 14 |
| ancestry, gender, sexual orientation,
physical or mental | 15 |
| disability, or national origin of another individual or
group | 16 |
| of individuals, regardless of the existence of any other | 17 |
| motivating
factor or factors, he commits assault, battery, | 18 |
| aggravated assault, misdemeanor
theft, criminal trespass to | 19 |
| residence, misdemeanor criminal damage
to property, criminal | 20 |
| trespass to vehicle, criminal trespass to real property,
mob | 21 |
| action or disorderly conduct as these crimes are defined in | 22 |
| Sections 12-1,
12-2, 12-3, 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, | 23 |
| and 26-1 of this Code,
respectively, or harassment by telephone |
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HB5114 |
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LRB096 15768 RLC 35184 b |
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| as defined in Section 1-1 of the
Harassing and Obscene | 2 |
| Communications Act, or harassment through electronic
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| communications as defined in clauses (a)(2) and (a)(4) of | 4 |
| Section 1-2 of the Harassing and
Obscene Communications Act.
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| (b) Except as provided in subsection (b-5), hate crime is a | 6 |
| Class 4
felony for a first offense and a Class 2 felony for a | 7 |
| second or subsequent
offense.
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| (b-5) Hate crime is a Class 3 felony for a first offense | 9 |
| and a Class 2
felony for a second or subsequent offense if | 10 |
| committed:
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| (1) in a church, synagogue, mosque, or other building, | 12 |
| structure, or place
used for religious worship or other | 13 |
| religious purpose;
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| (2) in a cemetery, mortuary, or other facility used for | 15 |
| the purpose of
burial or memorializing the dead;
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| (3) in a school or other educational facility, | 17 |
| including an administrative facility or public or private | 18 |
| dormitory facility of or associated with the school or | 19 |
| other educational facility;
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| (4) in a public park or an ethnic or religious | 21 |
| community center;
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| (5) on the real property comprising any location | 23 |
| specified in
clauses (1) through (4) of this subsection | 24 |
| (b-5); or
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| (6) on a public way within 1,000 feet of the real | 26 |
| property comprising any
location specified in clauses (1) |
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HB5114 |
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LRB096 15768 RLC 35184 b |
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| through (4) of this subsection (b-5).
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| (b-10) Upon imposition of any sentence,
the trial
court | 3 |
| shall also either order restitution paid to the victim
or | 4 |
| impose a fine up to $1,000. In addition, any order of probation | 5 |
| or
conditional discharge entered following a conviction or an | 6 |
| adjudication of
delinquency shall include a condition that the | 7 |
| offender perform public or
community service of no less than | 8 |
| 200 hours if that service is established in
the county where | 9 |
| the offender was convicted of hate crime. The court may also
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| impose any other condition of probation or conditional | 11 |
| discharge under this
Section.
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| (c) Independent of any criminal prosecution or the result
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| thereof, any
person suffering injury to his person or damage to | 14 |
| his property as a result
of hate crime may bring a civil action | 15 |
| for damages, injunction
or other appropriate relief. The court | 16 |
| may award actual damages, including
damages for emotional | 17 |
| distress, or punitive damages. A judgment may include
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| attorney's fees and costs. The parents or legal guardians, | 19 |
| other than
guardians appointed pursuant to the Juvenile Court | 20 |
| Act or the Juvenile
Court Act of 1987, of an unemancipated | 21 |
| minor shall be liable for the amount
of any judgment for actual | 22 |
| damages rendered against such minor under this
subsection (c) | 23 |
| in any amount not exceeding the amount provided under
Section 5 | 24 |
| of the Parental Responsibility Law.
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| (d) For the purposes of this Section: | 26 |
| "Active duty" means active duty pursuant to an |
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HB5114 |
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LRB096 15768 RLC 35184 b |
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| executive order of the President of the United States, an | 2 |
| act of the Congress of the United States, or an order of | 3 |
| the Governor. | 4 |
| "Homelessness" means
lacking a fixed, regular, and | 5 |
| adequate nighttime residence or
having a primary nighttime | 6 |
| residence that is:
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| (i) a publicly or privately operated shelter | 8 |
| designed to provide
temporary living accommodations | 9 |
| (including welfare hotels, congregate shelters,
and | 10 |
| transitional housing for the mentally ill);
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| (ii) an institution that provides a temporary | 12 |
| residence for individuals
intended to be | 13 |
| institutionalized; or
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| (iii) a public or private place not designed for, | 15 |
| or ordinarily used as, a
regular sleeping | 16 |
| accommodation. | 17 |
| "Sexual orientation" means heterosexuality, | 18 |
| homosexuality,
or bisexuality.
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| "Veteran" means a person who has served in the Armed | 20 |
| Forces of the United States, any reserve component of the | 21 |
| Armed Forces of the United States, the Illinois Army | 22 |
| National Guard, or the Illinois Air National Guard. | 23 |
| (Source: P.A. 93-463, eff. 8-8-03; 93-765, eff. 7-19-04; 94-80, | 24 |
| eff. 6-27-05.)
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