720 ILCS 5/12-7.1

(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, disorderly conduct, harassment by telephone, or harassment through electronic
communications as these crimes are defined in Sections 12-1,
12-2, 12-3(a), 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-2, and paragraphs (a)(2) and (a)(5) of Section 26.5-3 of this Code,
respectively.

(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,

including an administrative facility or public or private dormitory facility of or associated with the school or other educational facility;

(4) in a public park or an ethnic or religious

(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.  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 if the offender caused criminal damage
to property consisting of religious fixtures, objects, or decorations.  The educational program may be administered, as determined by the court, by a university, college, community college, non-profit organization, or the Holocaust and Genocide Commission.  Nothing in this subsection (b-10) prohibits courses discouraging hate crimes from being made available online. 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. 96-1551, eff. 7-1-11; 97-161, eff. 1-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13.)