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| Public Act 102-0235 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 2012 is amended by | ||||
changing Section 12-7.1 as follows:
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(720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
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Sec. 12-7.1. Hate crime.
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(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, | ||||
citizenship, immigration status, or national origin of another | ||||
individual or
group of individuals, regardless of the | ||||
existence of any other motivating
factor or factors, he or she | ||||
commits assault, battery, aggravated assault, intimidation, | ||||
stalking, cyberstalking, misdemeanor
theft, criminal trespass | ||||
to residence, misdemeanor criminal damage
to property, | ||||
criminal trespass to vehicle, criminal trespass to real | ||||
property,
mob action, disorderly conduct, transmission of | ||||
obscene messages, harassment by telephone, or harassment | ||||
through electronic
communications as these crimes are defined | ||||
in Sections 12-1,
12-2, 12-3(a), 12-7.3, 12-7.5, 16-1, 19-4, | ||||
21-1, 21-2, 21-3, 25-1, 26-1, 26.5-1, 26.5-2, paragraphs | ||||
(a)(1), (a)(2), and (a)(3) of Section 12-6, and paragraphs | ||||
(a)(2) and (a)(5) of Section 26.5-3 of this Code,
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respectively.
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(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.
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(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:
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(1) in, or upon the exterior or grounds of, a church, | ||
synagogue, mosque, or other building, structure, or place
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identified or associated with a particular religion or | ||
used for religious worship or other religious purpose;
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(2) in a cemetery, mortuary, or other facility used | ||
for the purpose of
burial or memorializing the dead;
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(3) in a school or other educational facility, | ||
including an administrative facility or public or private | ||
dormitory facility of or associated with the school or | ||
other educational facility;
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(4) in a public park or an ethnic or religious | ||
community center;
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(5) on the real property comprising any location | ||
specified in
clauses (1) through (4) of this subsection | ||
(b-5); or
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(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).
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(b-10) Upon imposition of any sentence,
the trial
court | ||
shall also either order restitution paid to the victim
or | ||
impose a fine in an amount to be determined by the court based | ||
on the severity of the crime and the injury or damages suffered | ||
by the victim. In addition, any order of probation or
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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. 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 enroll in an educational program | ||
discouraging hate crimes involving the protected class | ||
identified in subsection (a) that gave rise to the offense the | ||
offender committed. The educational program must be attended | ||
by the offender in-person and may be administered, as | ||
determined by the court, by a university, college, community | ||
college, non-profit organization, the Illinois Holocaust and | ||
Genocide Commission, or any other organization that provides | ||
educational programs discouraging hate crimes, except that | ||
programs administered online or that can otherwise be attended | ||
remotely are prohibited. The court may also
impose any other | ||
condition of probation or conditional discharge under this
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Section. If the court sentences the offender to imprisonment | ||
or periodic imprisonment for a violation of this Section, as a | ||
condition of the offender's mandatory supervised release, the | ||
court shall require that the offender perform public or | ||
community service of no less than 200 hours and enroll in an | ||
educational program discouraging hate crimes involving the | ||
protected class
identified in subsection (a) that gave rise to | ||
the offense the offender committed.
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(c) Independent of any criminal prosecution or the result
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of a criminal prosecution, any
person suffering injury to his | ||
or her person, damage to his or her property, intimidation as | ||
defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section | ||
12-6 of this Code, stalking as defined in Section 12-7.3 of | ||
this Code, cyberstalking as defined in Section 12-7.5 of this | ||
Code, disorderly conduct as defined in paragraph (a)(1) of | ||
Section 26-1 of this Code, transmission of obscene messages as | ||
defined in Section 26.5-1 of this Code, harassment by | ||
telephone as defined in Section 26.5-2 of this Code, or | ||
harassment through electronic communications as defined in | ||
paragraphs (a)(2) and (a)(5) of Section 26.5-3 of this Code as | ||
a result
of a 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, as | ||
well as punitive damages. The court may impose a civil penalty | ||
up to $25,000 for each violation of this subsection (c). A | ||
judgment in favor of a person who brings a civil action under | ||
this subsection (c) shall include
attorney's fees and costs. | ||
After consulting with the local State's Attorney, the Attorney | ||
General may bring a civil action in the name of the People of | ||
the State for an injunction or other equitable relief under | ||
this subsection (c). In addition, the Attorney General may | ||
request and the court may impose a civil penalty up to $25,000 | ||
for each violation under this subsection (c). 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 all 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.
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(d) "Sexual orientation" has the meaning ascribed to it in | ||
paragraph (O-1) of Section 1-103 of the Illinois Human Rights | ||
Act.
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(Source: P.A. 99-77, eff. 1-1-16; 100-197, eff. 1-1-18; | ||
100-260, eff. 1-1-18; 100-863, eff. 8-14-18.)
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