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Public Act 92-0830
HB0136 Enrolled LRB9201585RCcd
AN ACT in relation to hate crimes.
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 Sections 12-7.1 and 21-1.2 and adding Section 8-2.1
as follows:
(720 ILCS 5/8-2.1 new)
Sec. 8-2.1. Conspiracy against civil rights.
(a) Offense. A person commits conspiracy against civil
rights when, without legal justification, he or she, with the
intent to interfere with the free exercise of any right or
privilege secured 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.
(b) Co-conspirators. It shall not be a defense to
conspiracy against civil rights that a person or persons with
whom the accused is alleged to have conspired:
(1) has not been prosecuted or convicted; or
(2) has been convicted of a different offense; or
(3) is not amenable to justice; or
(4) has been acquitted; or
(5) lacked the capacity to commit an offense.
(c) Sentence. Conspiracy against civil rights is a
Class 4 felony for a first offense and a Class 2 felony for a
second or subsequent offense.
(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 against a victim who is: (i) the
other individual; (ii) a member of the group of individuals;
(iii) a person who has an association with, is married to, or
has a friendship with the other individual or a member of the
group of individuals; or (iv) a relative (by blood or
marriage) of a person described in clause (i), (ii), or
(iii).
(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. Any order of probation
or conditional discharge entered following a conviction for
an offense under this Section 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 the court may impose any other condition of
probation or conditional discharge under this Section.
(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. 89-689, eff. 12-31-96; 90-578, eff. 6-1-98.)
(720 ILCS 5/21-1.2) (from Ch. 38, par. 21-1.2)
Sec. 21-1.2. Institutional vandalism.
(a) A person commits institutional vandalism when, by
reason of the actual or perceived race, color, creed,
religion or national origin of another individual or group of
individuals, regardless of the existence of any other
motivating factor or factors, he or she knowingly and without
consent inflicts damage to any of the following properties:
(1) A church, synagogue, mosque, or other building,
structure or place used for religious worship or other
religious purpose;
(2) A cemetery, mortuary, or other facility used
for the purpose of burial or memorializing the dead;
(3) A school, educational facility or community
center;
(4) The grounds adjacent to, and owned or rented
by, any institution, facility, building, structure or
place described in paragraphs (1), (2) or (3) of this
subsection (a); or
(5) Any personal property contained in any
institution, facility, building, structure or place
described in paragraphs (1), (2) or (3) of this
subsection (a).
(b) Institutional vandalism is a Class 3 felony if the
damage to the property does not exceed $300. Institutional
vandalism is a Class 2 felony if the damage to the property
exceeds $300. Institutional vandalism is a Class 2 felony for
any second or subsequent offense.
(b-5) 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
institutional vandalism. 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 of that prosecution, a person suffering damage to
property or injury to his or her person as a result of
institutional vandalism 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 of an unemancipated
minor, other than guardians appointed under the Juvenile
Court Act or the Juvenile Court Act of 1987, shall be liable
for the amount of any judgment for actual damages rendered
against the minor under this subsection (c) in an amount not
exceeding the amount provided under Section 5 of the Parental
Responsibility Law.
(Source: P.A. 88-659.)
Passed in the General Assembly May 30, 2002.
Approved August 22, 2002.
Effective January 01, 2003.
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