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Full Text of HB2487  100th General Assembly

HB2487 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2487

 

Introduced , by Rep. Norine K. Hammond

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-7.1  from Ch. 38, par. 12-7.1

    Amends the Criminal Code of 2012. Provides that a person also commits hate crime when, by reason of the actual or perceived employment as a peace officer, firefighter, or emergency medical services personnel of another individual, regardless of the existence of any other motivating factor or factors, he or she causes the death or permanent disability of the peace officer, firefighter, or emergency medical services personnel.


LRB100 10125 RLC 20299 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2487LRB100 10125 RLC 20299 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 12-7.1 as follows:
 
6    (720 ILCS 5/12-7.1)  (from Ch. 38, par. 12-7.1)
7    Sec. 12-7.1. Hate crime.
8    (a) A person commits hate crime when, by reason of the
9actual or perceived race, color, creed, religion, ancestry,
10gender, sexual orientation, physical or mental disability, or
11national origin of another individual or group of individuals,
12regardless of the existence of any other motivating factor or
13factors, he commits assault, battery, aggravated assault,
14misdemeanor theft, criminal trespass to residence, misdemeanor
15criminal damage to property, criminal trespass to vehicle,
16criminal trespass to real property, mob action, disorderly
17conduct, harassment by telephone, or harassment through
18electronic communications as these crimes are defined in
19Sections 12-1, 12-2, 12-3(a), 16-1, 19-4, 21-1, 21-2, 21-3,
2025-1, 26-1, 26.5-2, and paragraphs (a)(2) and (a)(5) of Section
2126.5-3 of this Code, respectively.
22    (a–5) A person commits hate crime when, by reason of the
23actual or perceived employment as a peace officer, firefighter,

 

 

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1or emergency medical services personnel of another individual,
2regardless of the existence of any other motivating factor or
3factors, he or she causes the death or permanent disability of
4the peace officer, firefighter, or emergency medical services
5personnel.
6    (b) Except as provided in subsection (b-5), hate crime is a
7Class 4 felony for a first offense and a Class 2 felony for a
8second or subsequent offense.
9    (b-5) Hate crime is a Class 3 felony for a first offense
10and a Class 2 felony for a second or subsequent offense if
11committed:
12        (1) in a church, synagogue, mosque, or other building,
13    structure, or place used for religious worship or other
14    religious purpose;
15        (2) in a cemetery, mortuary, or other facility used for
16    the purpose of burial or memorializing the dead;
17        (3) in a school or other educational facility,
18    including an administrative facility or public or private
19    dormitory facility of or associated with the school or
20    other educational facility;
21        (4) in a public park or an ethnic or religious
22    community center;
23        (5) on the real property comprising any location
24    specified in clauses (1) through (4) of this subsection
25    (b-5); or
26        (6) on a public way within 1,000 feet of the real

 

 

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1    property comprising any location specified in clauses (1)
2    through (4) of this subsection (b-5).
3    (b-10) Upon imposition of any sentence, the trial court
4shall also either order restitution paid to the victim or
5impose a fine up to $1,000. In addition, any order of probation
6or conditional discharge entered following a conviction or an
7adjudication of delinquency shall include a condition that the
8offender perform public or community service of no less than
9200 hours if that service is established in the county where
10the offender was convicted of hate crime. In addition, any
11order of probation or conditional discharge entered following a
12conviction or an adjudication of delinquency shall include a
13condition that the offender enroll in an educational program
14discouraging hate crimes if the offender caused criminal damage
15to property consisting of religious fixtures, objects, or
16decorations. The educational program may be administered, as
17determined by the court, by a university, college, community
18college, non-profit organization, or the Holocaust and
19Genocide Commission. Nothing in this subsection (b-10)
20prohibits courses discouraging hate crimes from being made
21available online. The court may also impose any other condition
22of probation or conditional discharge under this Section.
23    (c) Independent of any criminal prosecution or the result
24thereof, any person suffering injury to his person or damage to
25his property as a result of hate crime may bring a civil action
26for damages, injunction or other appropriate relief. The court

 

 

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1may award actual damages, including damages for emotional
2distress, or punitive damages. A judgment may include
3attorney's fees and costs. The parents or legal guardians,
4other than guardians appointed pursuant to the Juvenile Court
5Act or the Juvenile Court Act of 1987, of an unemancipated
6minor shall be liable for the amount of any judgment for actual
7damages rendered against such minor under this subsection (c)
8in any amount not exceeding the amount provided under Section 5
9of the Parental Responsibility Law.
10    (d) "Sexual orientation" has the meaning ascribed to it in
11paragraph (O-1) of Section 1-103 of the Illinois Human Rights
12Act.
13(Source: P.A. 99-77, eff. 1-1-16.)