Public Act 093-0463
Public Act 93-0463 of the 93rd General Assembly
Public Act 93-0463
SB407 Enrolled LRB093 08096 RLC 08298 b
AN ACT in relation to criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by
changing Section 12-7.1 as follows:
(720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
Sec. 12-7.1. Hate crime.
(a) A person commits hate crime when, 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, regardless of the existence of any other
motivating factor or factors, he commits assault, battery,
aggravated assault, misdemeanor theft, criminal trespass to
residence, misdemeanor criminal damage to property, criminal
trespass to vehicle, criminal trespass to real property, mob
action or disorderly conduct as these crimes are defined in
Sections 12-1, 12-2, 12-3, 16-1, 19-4, 21-1, 21-2, 21-3,
25-1, and 26-1 of this Code, respectively, or harassment by
telephone as defined in Section 1-1 of the Harassing and
Obscene Communications Act, or harassment through electronic
communications as defined in clause (a)(4) of Section 1-2 of
the Harassing and Obscene Communications Act.
(b) Except as provided in subsection (b-5), hate crime
is a Class 4 felony for a first offense and a Class 2 felony
for a second or subsequent offense.
(b-5) Hate crime is a Class 3 felony for a first offense
and a Class 2 felony for a second or subsequent offense if
committed:
(1) in a church, synagogue, mosque, or other
building, structure, or place used for religious worship
or other religious purpose;
(2) in a cemetery, mortuary, or other facility used
for the purpose of burial or memorializing the dead;
(3) in a school or other educational facility;
(4) in a public park or an ethnic or religious
community center;
(5) on the real property comprising any location
specified in clauses (1) through (4) of this subsection
(b-5); or
(6) on a public way within 1,000 feet of the real
property comprising any location specified in clauses (1)
through (4) of this subsection (b-5).
(b-10) Upon imposition of any sentence, the trial court
shall also either order restitution paid to the victim or
impose a fine up to $1,000. In addition, any order of
probation or conditional discharge entered following a
conviction or an adjudication of delinquency shall include a
condition that the offender perform public or community
service of no less than 200 hours if that service is
established in the county where the offender was convicted of
hate crime. The court may also impose any other condition of
probation or conditional discharge under this Section.
(c) Independent of any criminal prosecution or the
result thereof, any person suffering injury to his person or
damage to his property as a result of hate crime may bring a
civil action for damages, injunction or other appropriate
relief. The court may award actual damages, including damages
for emotional distress, or punitive damages. A judgment may
include attorney's fees and costs. The parents or legal
guardians, other than guardians appointed pursuant to the
Juvenile Court Act or the Juvenile Court Act of 1987, of an
unemancipated minor shall be liable for the amount of any
judgment for actual damages rendered against such minor under
this subsection (c) in any amount not exceeding the amount
provided under Section 5 of the Parental Responsibility Law.
(d) "Sexual orientation" means heterosexuality,
homosexuality, or bisexuality.
(Source: P.A. 92-830, eff. 1-1-03.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Effective Date: 8/8/2003
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