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91_HB0008
LRB9100392RCcd
1 AN ACT in relation to criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 changing Section 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
9 actual or perceived race, color, creed, religion, ancestry,
10 gender, sexual orientation, physical or mental disability, or
11 national origin of another individual or group of
12 individuals, he or she commits assault, battery, aggravated
13 assault, misdemeanor theft, criminal trespass to residence,
14 misdemeanor criminal damage to property, criminal trespass to
15 vehicle, criminal trespass to real property, mob action or
16 disorderly conduct as these crimes are defined in Sections
17 12-1, 12-2, 12-3, 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, and
18 26-1 of this Code, respectively, or harassment by telephone
19 as defined in Section 1-1 of the Harassing and Obscene
20 Communications Act against a victim who is: (i) the other
21 individual; (ii) a member of the group of individuals; (iii)
22 a person who has an association with, is married to, or has a
23 friendship with the other individual or a member of the group
24 of individuals; or (iv) a relative (by blood or marriage) of
25 a person described in clause (i), (ii), or (iii).
26 (b) Hate crime is a Class 4 felony for a first offense
27 and a Class 2 felony for a second or subsequent offense. Any
28 order of probation or conditional discharge entered following
29 a conviction for an offense under this Section shall include,
30 a condition that the offender perform public or community
31 service of no less than 200 hours if that service is
-2- LRB9100392RCcd
1 established in the county where the offender was convicted of
2 hate crime. In addition the court may impose any other
3 condition of probation or conditional discharge under this
4 Section.
5 (c) Independent of any criminal prosecution or the
6 result thereof, any person suffering injury to his person or
7 damage to his property as a result of hate crime may bring a
8 civil action for damages, injunction or other appropriate
9 relief. The court may award actual damages, including damages
10 for emotional distress, or punitive damages. A judgment may
11 include attorney's fees and costs. The parents or legal
12 guardians, other than guardians appointed pursuant to the
13 Juvenile Court Act or the Juvenile Court Act of 1987, of an
14 unemancipated minor shall be liable for the amount of any
15 judgment for actual damages rendered against such minor under
16 this subsection (c) in any amount not exceeding the amount
17 provided under Section 5 of the Parental Responsibility Law.
18 (d) "Sexual orientation" means heterosexuality,
19 homosexuality, or bisexuality.
20 (Source: P.A. 89-689, eff. 12-31-96; 90-578, eff. 6-1-98.)