(215 ILCS 5/143.24c)
Sec. 143.24c.
Hate crimes; coverage refusal.
(a) This Section applies to policies of insurance
if the insured or proposed insured is
(1) an individual, (2) a religious
organization described in clause (i) of subparagraph (A) of paragraph (1) of
subsection
(b) of Section 170 of Title 26 of the United States Code, (3) an educational
organization
described in clause (ii) of subparagraph (A) of paragraph (1) of subsection (b)
of Section
170 of Title 26 of the United States Code, or (4) any other nonprofit
organization
described in
clause (vi) of subparagraph (A) of paragraph (1) of subsection (b) of Section
170 of Title 26 of the
United States Code that is organized and operated for religious, charitable, or
educational
purposes.
(b) An insurer issuing policies subject to this Section may not cancel,
refuse to issue, or refuse to
renew the policy solely on the basis that one or more claims have been made
against any
policy during the preceding 60 months for a loss that is the result of a hate
crime
committed against the person or property insured if the insured provides
evidence to the insurer that the act causing the loss is identified as a hate
crime on a police report.
(c) As it relates to this Section, if determined by a law enforcement
agency, a
"hate crime" may include any of the following:
(1) By force or threat of force, willfully injuring, |
| intimidating, interfering with, oppressing, or threatening any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this State or by the Constitution or laws of the United States because of the other person's race, color, religion, ancestry, national origin, disability, gender, or sexual orientation or because he or she perceives that the other person has one or more of those characteristics. This offense, however, does not include speech alone, except upon a showing that the speech itself threatened violence against a specific person or group of persons and that the defendant had the apparent ability to carry out the threat.
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(2) Knowingly defacing, damaging, or destroying the
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| real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right or privilege secured to the other person by the Constitution or laws of this State or by the Constitution or laws of the United States because of the other person's race, color, religion, ancestry, national origin, disability, gender, or sexual orientation or because he or she perceives that the other person has one or more of those characteristics.
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(d) Nothing in this Section prevents an insurer subject to this Section from
taking
any of the actions specified in subsection (b) on the basis of criteria not
otherwise made
invalid by this Section or any other law or rule.
(Source: P.A. 92-669, eff. 1-1-03.)
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