92nd General Assembly
Summary of HB0136
   [ Home ]   [ Back ]   [ Legislation ]
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House Sponsors:
SCHOENBERG-GARRETT-FEIGENHOLTZ-MAY-OSTERMAN, JONES,LOU, 
   KENNER, MENDOZA, ACEVEDO, DAVIS,MONIQUE, YARBROUGH, LANG, 
   SCULLY, MILLER, GILES, BRADLEY, FRANKS, 
   COULSON, ERWIN, DART, SLONE, MATHIAS AND JEFFERSON.

Senate Sponsors:
SILVERSTEIN-RONEN-MADIGAN,L-OBAMA-PARKER

Short description: 
CRIM CD & CORR-HATE CRIMES                                                 

Synopsis of Bill as introduced:
        Amends the  Criminal  Code  of  1961.   Creates  the  offense  of      
   conspiracy  against  civil  rights.   Provides that conspiracy against      
   civil rights is a Class 4 felony for a first offense  and  a  Class  2      
   felony for a second or subsequent offense. Provides that hate crime is      
   a Class 3 felony for a first offense and a Class 1 felony for a second      
   or subsequent offense if committed:  (1) in a place used for religious      
   worship;  (2)  in  a  cemetery  or  mortuary;  (3)  in  an educational      
   facility; (4) in a public park or an  ethnic  or  religious  community      
   center;  (5) on the real property of any of these locations; or (6) on      
   a public way within 1,000 feet of the real property comprising any  of      
   these   locations.    Provides  for  prosecution  for  hate  crime  or      
   institutional vandalism regardless  of  the  existence  of  any  other      
   motivating  factors. Amends the Unified Code of Corrections.  Provides      
   that a person convicted of any second  or  subsequent  conviction  for      
   hate  crime  or  institutional  vandalism is ineligible for probation,      
   conditional discharge, or periodic imprisonment.  Makes  it  a  factor      
   for  the  court to impose an extended term sentence that the defendant      
   was convicted of a felony  other  than  hate  crime  or  institutional      
   vandalism and the court finds that the defendant committed the offense      
   by  reason  of  the  actual or perceived race, color, creed, religion,      
   ancestry, gender, sexual orientation, physical or  mental  disability,      
   or national origin of another individual or group of individuals.           
          JUDICIAL NOTE (Administrative Office of the Illinois Courts)         
          It has been determined that the bill would neither decrease          
          nor increase the number of judges needed in the State.               
        SENATE AMENDMENT NO. 2.                                                
          Deletes reference to:                                                
          730 ILCS 5/5-5-3                                                     
          730 ILCS 5/5-5-3.2                                                   
        Deletes everything after the enacting clause. Amends the Criminal      
   Code of 1961.  Creates the offense of conspiracy against civil rights.      
   Provides that a  person  commits  this  offense  when,  without  legal      
   justification,  he  or she, with the intent to interfere with the free      
   exercise of any right or  privilege  secured  to  the  person  by  the      
   Constitution  of  the  United States, the Constitution of the State of      
   Illinois, the laws of the United States, or the laws of the  State  of      
   Illinois  by  any  person  or  persons, agrees with another to inflict      
   physical harm on any other person or the threat of  physical  harm  on      
   any  other  person  and  either  the  accused  or a co-conspirator has      
   committed any act in furtherance of  that  agreement.   Provides  that      
   this  offense  is  a  Class 4 felony for a first offense and a Class 2      
   felony for a second or subsequent offense. Provides that  the  offense      
   of  hate  crime  is a Class 3 felony for a first offense and a Class 2      
   felony for a second or subsequent  offense  if  committed  in  certain      
   places.    Provides  for  prosecution  of hate crime and institutional      
   vandalism regardless of the existence of any other motivating factors.      
   Provides that the offense of institutional  vandalism  is  a  Class  2      
   felony for a second or subsequent offense.                                  
 
Last action on Bill: PUBLIC ACT.............................. 92-0830

   Last action date: AUG-22-2002

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   0     SENATE -   1


   END OF INQUIRY 
                                                                               



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