State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 002 ]


92_HB0136enr

HB0136 Enrolled                                LRB9201585RCcd

 1        AN ACT in relation to hate crimes.

 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 Sections 12-7.1 and 21-1.2 and adding Section  8-2.1
 6    as follows:

 7        (720 ILCS 5/8-2.1 new)
 8        Sec. 8-2.1.  Conspiracy against civil rights.
 9        (a)  Offense.   A person commits conspiracy against civil
10    rights when, without legal justification, he or she, with the
11    intent to interfere with the free exercise of  any  right  or
12    privilege  secured  by the Constitution of the United States,
13    the Constitution of the State of Illinois, the  laws  of  the
14    United  States,  or  the laws of the State of Illinois by any
15    person or persons, agrees with another  to  inflict  physical
16    harm  on  any  other person or the threat of physical harm on
17    any other person and either the accused or  a  co-conspirator
18    has committed any act in furtherance of that agreement.
19        (b)  Co-conspirators.  It  shall  not  be  a  defense  to
20    conspiracy against civil rights that a person or persons with
21    whom the accused is alleged to have conspired:
22             (1)  has not been prosecuted or convicted; or
23             (2)  has been convicted of a different offense; or
24             (3)  is not amenable to justice; or
25             (4)  has been acquitted; or
26             (5)  lacked the capacity to commit an offense.
27        (c)  Sentence.   Conspiracy  against  civil  rights  is a
28    Class 4 felony for a first offense and a Class 2 felony for a
29    second or subsequent offense.

30        (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
 
HB0136 Enrolled            -2-                 LRB9201585RCcd
 1        Sec. 12-7.1.  Hate crime.
 2        (a)  A person commits hate crime when, by reason  of  the
 3    actual  or  perceived race, color, creed, religion, ancestry,
 4    gender, sexual orientation, physical or mental disability, or
 5    national  origin  of   another   individual   or   group   of
 6    individuals,   regardless  of  the  existence  of  any  other
 7    motivating factor or factors, he  commits  assault,  battery,
 8    aggravated  assault,  misdemeanor theft, criminal trespass to
 9    residence, misdemeanor criminal damage to property,  criminal
10    trespass  to vehicle, criminal trespass to real property, mob
11    action or disorderly conduct as these crimes are  defined  in
12    Sections  12-1,  12-2,  12-3,  16-1,  19-4, 21-1, 21-2, 21-3,
13    25-1, and 26-1 of this Code, respectively, or  harassment  by
14    telephone  as  defined  in  Section  1-1 of the Harassing and
15    Obscene Communications Act against a victim who is:  (i)  the
16    other  individual; (ii) a member of the group of individuals;
17    (iii) a person who has an association with, is married to, or
18    has a friendship with the other individual or a member of the
19    group of  individuals;  or  (iv)  a  relative  (by  blood  or
20    marriage)  of  a  person  described  in  clause (i), (ii), or
21    (iii).
22        (b)  Except as provided in subsection (b-5),  hate  crime
23    is  a Class 4 felony for a first offense and a Class 2 felony
24    for a second or subsequent offense.  Any order  of  probation
25    or  conditional  discharge entered following a conviction for
26    an offense under this Section  shall  include,   a  condition
27    that  the  offender perform public or community service of no
28    less than 200 hours if that service  is  established  in  the
29    county  where  the  offender was convicted of hate crime.  In
30    addition  the  court  may  impose  any  other  condition   of
31    probation or conditional discharge under this Section.
32        (b-5)  Hate crime is a Class 3 felony for a first offense
33    and  a  Class  2 felony for a second or subsequent offense if
34    committed:
 
HB0136 Enrolled            -3-                 LRB9201585RCcd
 1             (1)  in  a  church,  synagogue,  mosque,  or   other
 2        building,  structure, or place used for religious worship
 3        or other religious purpose;
 4             (2)  in a cemetery, mortuary, or other facility used
 5        for the purpose of burial or memorializing the dead;
 6             (3)  in a school or other educational facility;
 7             (4)  in a public park  or  an  ethnic  or  religious
 8        community center;
 9             (5)  on  the  real  property comprising any location
10        specified in clauses (1) through (4) of  this  subsection
11        (b-5); or
12             (6)  on  a  public way within 1,000 feet of the real
13        property comprising any location specified in clauses (1)
14        through (4) of this subsection (b-5).
15        (b-10)  Upon imposition of any sentence, the trial  court
16    shall  also  either  order  restitution paid to the victim or
17    impose a fine up  to  $1,000.   In  addition,  any  order  of
18    probation   or  conditional  discharge  entered  following  a
19    conviction or an adjudication of delinquency shall include  a
20    condition  that  the  offender  perform  public  or community
21    service of  no  less  than  200  hours  if  that  service  is
22    established in the county where the offender was convicted of
23    hate crime.  The court may also impose any other condition of
24    probation or conditional discharge under this Section.
25        (c)  Independent  of  any  criminal  prosecution  or  the
26    result  thereof, any person suffering injury to his person or
27    damage to his property as a result of hate crime may bring  a
28    civil  action  for  damages,  injunction or other appropriate
29    relief. The court may award actual damages, including damages
30    for emotional distress, or punitive damages. A  judgment  may
31    include  attorney's  fees  and  costs.   The parents or legal
32    guardians, other than guardians  appointed  pursuant  to  the
33    Juvenile  Court  Act or the Juvenile Court Act of 1987, of an
34    unemancipated minor shall be liable for  the  amount  of  any
 
HB0136 Enrolled            -4-                 LRB9201585RCcd
 1    judgment for actual damages rendered against such minor under
 2    this  subsection  (c)  in any amount not exceeding the amount
 3    provided under Section 5 of the Parental Responsibility Law.
 4        (d)  "Sexual    orientation"    means    heterosexuality,
 5    homosexuality, or bisexuality.
 6    (Source: P.A. 89-689, eff. 12-31-96; 90-578, eff. 6-1-98.)

 7        (720 ILCS 5/21-1.2) (from Ch. 38, par. 21-1.2)
 8        Sec. 21-1.2.  Institutional vandalism.
 9        (a)  A person commits institutional  vandalism  when,  by
10    reason  of  the  actual  or  perceived  race,  color,  creed,
11    religion or national origin of another individual or group of
12    individuals,   regardless  of  the  existence  of  any  other
13    motivating factor or factors, he or she knowingly and without
14    consent inflicts damage to any of the following properties:
15             (1)  A church, synagogue, mosque, or other building,
16        structure or place used for religious  worship  or  other
17        religious purpose;
18             (2)  A  cemetery,  mortuary,  or other facility used
19        for the purpose of burial or memorializing the dead;
20             (3)  A school,  educational  facility  or  community
21        center;
22             (4)  The  grounds  adjacent  to, and owned or rented
23        by, any institution,  facility,  building,  structure  or
24        place  described  in  paragraphs  (1), (2) or (3) of this
25        subsection (a); or
26             (5)  Any  personal   property   contained   in   any
27        institution,   facility,  building,  structure  or  place
28        described  in  paragraphs  (1),  (2)  or  (3)   of   this
29        subsection (a).
30        (b)  Institutional  vandalism  is a Class 3 felony if the
31    damage to the property does not exceed  $300.   Institutional
32    vandalism  is  a Class 2 felony if the damage to the property
33    exceeds $300. Institutional vandalism is a Class 2 felony for
 
HB0136 Enrolled            -5-                 LRB9201585RCcd
 1    any second or subsequent offense.
 2        (b-5)  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
 5    probation   or  conditional  discharge  entered  following  a
 6    conviction or an adjudication of delinquency shall include  a
 7    condition  that  the  offender  perform  public  or community
 8    service of  no  less  than  200  hours  if  that  service  is
 9    established in the county where the offender was convicted of
10    institutional vandalism.  The court may also impose any other
11    condition  of  probation  or conditional discharge under this
12    Section.
13        (c)  Independent  of  any  criminal  prosecution  or  the
14    result of that prosecution,  a  person  suffering  damage  to
15    property  or  injury  to  his  or  her  person as a result of
16    institutional vandalism may bring a civil action for damages,
17    injunction or other appropriate relief. The court  may  award
18    actual  damages, including damages for emotional distress, or
19    punitive damages.  A judgment may include attorney's fees and
20    costs.  The parents or legal guardians  of  an  unemancipated
21    minor,  other  than  guardians  appointed  under the Juvenile
22    Court Act or the Juvenile Court Act of 1987, shall be  liable
23    for  the  amount  of any judgment for actual damages rendered
24    against the minor under this subsection (c) in an amount  not
25    exceeding the amount provided under Section 5 of the Parental
26    Responsibility Law.
27    (Source: P.A. 88-659.)

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