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Full Text of HB0633  100th General Assembly

HB0633 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0633

 

Introduced , by Rep. John M. Cabello

 

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

    Amends the Criminal Code of 2012. Provides that it is also a hate crime by reason of the actual or perceived employment as a peace officer, firefighter, emergency medical services personnel of another individual or group of individuals, or by reason of the actual or perceived military status of another individual or group of individuals, regardless of the existence of any other motivating factor or factors to commit 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, disorderly conduct, harassment by telephone, or harassment through electronic communications.


LRB100 07136 RLC 17191 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0633LRB100 07136 RLC 17191 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,
12or by reason of the actual or perceived employment as a peace
13officer, firefighter, emergency medical services personnel of
14another individual or group of individuals, or by reason of the
15actual or perceived military status of another individual or
16group of individuals, regardless of the existence of any other
17motivating factor or factors, he or she commits assault,
18battery, aggravated assault, misdemeanor theft, criminal
19trespass to residence, misdemeanor criminal damage to
20property, criminal trespass to vehicle, criminal trespass to
21real property, mob action, disorderly conduct, harassment by
22telephone, or harassment through electronic communications as
23these crimes are defined in Sections 12-1, 12-2, 12-3(a), 16-1,

 

 

HB0633- 2 -LRB100 07136 RLC 17191 b

119-4, 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-2, and paragraphs
2(a)(2) and (a)(5) of Section 26.5-3 of this Code, respectively.
3    (b) Except as provided in subsection (b-5), hate crime is a
4Class 4 felony for a first offense and a Class 2 felony for a
5second or subsequent offense.
6    (b-5) Hate crime is a Class 3 felony for a first offense
7and a Class 2 felony for a second or subsequent offense if
8committed:
9        (1) in a church, synagogue, mosque, or other building,
10    structure, or place used for religious worship or other
11    religious purpose;
12        (2) in a cemetery, mortuary, or other facility used for
13    the purpose of burial or memorializing the dead;
14        (3) in a school or other educational facility,
15    including an administrative facility or public or private
16    dormitory facility of or associated with the school or
17    other educational facility;
18        (4) in a public park or an ethnic or religious
19    community center;
20        (5) on the real property comprising any location
21    specified in clauses (1) through (4) of this subsection
22    (b-5); or
23        (6) on a public way within 1,000 feet of the real
24    property comprising any location specified in clauses (1)
25    through (4) of this subsection (b-5).
26    (b-10) Upon imposition of any sentence, the trial court

 

 

HB0633- 3 -LRB100 07136 RLC 17191 b

1shall also either order restitution paid to the victim or
2impose a fine up to $1,000. In addition, any order of probation
3or conditional discharge entered following a conviction or an
4adjudication of delinquency shall include a condition that the
5offender perform public or community service of no less than
6200 hours if that service is established in the county where
7the offender was convicted of hate crime. In addition, any
8order of probation or conditional discharge entered following a
9conviction or an adjudication of delinquency shall include a
10condition that the offender enroll in an educational program
11discouraging hate crimes if the offender caused criminal damage
12to property consisting of religious fixtures, objects, or
13decorations. The educational program may be administered, as
14determined by the court, by a university, college, community
15college, non-profit organization, or the Holocaust and
16Genocide Commission. Nothing in this subsection (b-10)
17prohibits courses discouraging hate crimes from being made
18available online. The court may also impose any other condition
19of probation or conditional discharge under this Section.
20    (c) Independent of any criminal prosecution or the result
21thereof, any person suffering injury to his person or damage to
22his property as a result of hate crime may bring a civil action
23for damages, injunction or other appropriate relief. The court
24may award actual damages, including damages for emotional
25distress, or punitive damages. A judgment may include
26attorney's fees and costs. The parents or legal guardians,

 

 

HB0633- 4 -LRB100 07136 RLC 17191 b

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