92nd General Assembly
Status of HB0136
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SCHOENBERG-GARRETT-FEIGENHOLTZ-MAY-OSTERMAN, JONES,LOU, 
   KENNER, MENDOZA, ACEVEDO, DAVIS,MONIQUE, YARBROUGH, LANG, 
   SCULLY, MILLER, GILES, BRADLEY, FRANKS, 
   COULSON, ERWIN, DART, SLONE, MATHIAS AND JEFFERSON.

(SILVERSTEIN-RONEN-MADIGAN,L-OBAMA-PARKER)

   720 ILCS 5/8-2.1 new                                                        
   720 ILCS 5/12-7.1         from Ch. 38, par. 12-7.1                          
   720 ILCS 5/21-1.2         from Ch. 38, par. 21-1.2                          
   730 ILCS 5/5-5-3                                                            
   730 ILCS 5/5-5-3.2        from Ch. 38, par. 1005-5-3.2                      

        Amends the  Criminal  Code  of  1961.   Creates  the  offense  of      
   conspiracy  against  civil  rights.   Provides that conspiracy against      
   civil rights is a Class 4 felony for a first offense  and  a  Class  2      
   felony for a second or subsequent offense. Provides that hate crime is      
   a Class 3 felony for a first offense and a Class 1 felony for a second      
   or subsequent offense if committed:  (1) in a place used for religious      
   worship;  (2)  in  a  cemetery  or  mortuary;  (3)  in  an educational      
   facility; (4) in a public park or an  ethnic  or  religious  community      
   center;  (5) on the real property of any of these locations; or (6) on      
   a public way within 1,000 feet of the real property comprising any  of      
   these   locations.    Provides  for  prosecution  for  hate  crime  or      
   institutional vandalism regardless  of  the  existence  of  any  other      
   motivating  factors. Amends the Unified Code of Corrections.  Provides      
   that a person convicted of any second  or  subsequent  conviction  for      
   hate  crime  or  institutional  vandalism is ineligible for probation,      
   conditional discharge, or periodic imprisonment.  Makes  it  a  factor      
   for  the  court to impose an extended term sentence that the defendant      
   was convicted of a felony  other  than  hate  crime  or  institutional      
   vandalism and the court finds that the defendant committed the offense      
   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.           
          JUDICIAL NOTE (Administrative Office of the Illinois Courts)         
          It has been determined that the bill would neither decrease          
          nor increase the number of judges needed in the State.               
        SENATE AMENDMENT NO. 2.                                                
          Deletes reference to:                                                
          730 ILCS 5/5-5-3                                                     
          730 ILCS 5/5-5-3.2                                                   
        Deletes everything after the enacting clause. Amends the Criminal      
   Code of 1961.  Creates the offense of conspiracy against civil rights.      
   Provides that a  person  commits  this  offense  when,  without  legal      
   justification,  he  or she, with the intent to interfere with the free      
   exercise of any right or  privilege  secured  to  the  person  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.   Provides  that      
   this  offense  is  a  Class 4 felony for a first offense and a Class 2      
   felony for a second or subsequent offense. Provides that  the  offense      
   of  hate  crime  is a Class 3 felony for a first offense and a Class 2      
   felony for a second or subsequent  offense  if  committed  in  certain      
   places.    Provides  for  prosecution  of hate crime and institutional      
   vandalism regardless of the existence of any other motivating factors.      
   Provides that the offense of institutional  vandalism  is  a  Class  2      
   felony for a second or subsequent offense.                                  
   JAN-04-2001  H  PREFILED WITH CLERK                                            
   JAN-10-2001  H  FIRST READING                                                  
   JAN-10-2001  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   JAN-11-2001  H  ADDED AS A JOINT SPONSOR                 LANG                  
   JAN-30-2001  H                       JUDICIAL NOTE FILED                       
   JAN-30-2001  H                   COMMITTEE               RULES                 
   JAN-31-2001  H       ASSIGNED TO COMMITTEE               JUD-CRIMINAL          
   JAN-31-2001  H  ADDED AS A JOINT SPONSOR                 FLOWERS               
   JAN-31-2001  H  ADDED AS A JOINT SPONSOR                 MAY                   
   JAN-31-2001  H  ADDED AS A JOINT SPONSOR                 OSTERMAN              
   FEB-01-2001  H  ADDED AS A CO-SPONSOR                    HOWARD                
   FEB-01-2001  H  ADDED AS A CO-SPONSOR                    KENNER                
   FEB-07-2001  H  ADDED AS A CO-SPONSOR                    MENDOZA               
   FEB-07-2001  H  ADDED AS A CO-SPONSOR                    ACEVEDO               
   FEB-07-2001  H  ADDED AS A CO-SPONSOR                    FEIGENHOLTZ           
   FEB-08-2001  H  ADDED AS A CO-SPONSOR                    MCKEON                
   FEB-08-2001  H  ADDED AS A CO-SPONSOR                    DAVIS,MONIQUE         
   FEB-14-2001  H  ADDED AS A CO-SPONSOR                    YARBROUGH             
   FEB-27-2001  H  ADDED AS A CO-SPONSOR                    SCULLY                
   FEB-27-2001  H  ADDED AS A CO-SPONSOR                    MILLER                
   MAR-01-2001  H  MOTION DO PASS-LOST                      006-001-006   HJUB    
   MAR-01-2001  H       REMAINS IN COMMITTEE                JUD-CRIMINAL          
   MAR-01-2001  H  ADDED AS A CO-SPONSOR                    GILES                 
   MAR-07-2001  H  ADDED AS A CO-SPONSOR                    BRADLEY               
   MAR-08-2001  H  DO PASS/SHORT DEBATE                     009-000-003   HJUB    
   MAR-08-2001  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   MAR-13-2001  H  SECOND READING-SHORT DEBATE                                    
   MAR-13-2001  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   MAR-20-2001  H  JOINT-SPONSOR CHANGED TO                 FEIGENHOLTZ           
   MAR-20-2001  H  THIRD READING/SHORT DEBATE/PASSED        096-010-007           
   MAR-20-2001  H  ADDED AS A CO-SPONSOR                    LANG                  
   MAR-20-2001  H  ADDED AS A CO-SPONSOR                    FRANKS                
   MAR-20-2001  H  ADDED AS A CO-SPONSOR                    FLOWERS               
   MAR-20-2001  H  ADDED AS A CO-SPONSOR                    GARRETT               
   MAR-20-2001  H  ADDED AS A CO-SPONSOR                    COULSON               
   MAR-20-2001  H  ADDED AS A CO-SPONSOR                    ERWIN                 
   MAR-20-2001  H  ADDED AS A CO-SPONSOR                    DART                  
   MAR-20-2001  H  ADDED AS A CO-SPONSOR                    SLONE                 
   MAR-20-2001  H  ADDED AS A CO-SPONSOR                    MATHIAS               
   MAR-21-2001  S  ARRIVE IN SENATE                                               
   MAR-21-2001  S  PLACED CALENDAR ORDER OF FIRST READING   01-03-22              
   MAR-21-2001  S  CHIEF SPONSOR                            SILVERSTEIN           
   MAR-21-2001  S  FIRST READING                                                  
   MAR-21-2001  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   APR-04-2001  S  ADDED AS A CHIEF CO-SPONSOR              RONEN                 
   APR-06-2001  S  ADDED AS A CHIEF CO-SPONSOR              MADIGAN,L             
   JAN-23-2002  S       ASSIGNED TO COMMITTEE               JUDICIARY             
   APR-17-2002  S                         HELD IN COMMITTEE                       
   APR-17-2002  S  ADDED AS A CHIEF CO-SPONSOR              OBAMA                 
   APR-23-2002  S                             AMENDMENT NO. 01-JUDICIARY     S    
   APR-23-2002  S                                    TABLED                       
   APR-23-2002  S                             AMENDMENT NO. 02-JUDICIARY     S    
   APR-23-2002  S                                   ADOPTED                       
   APR-24-2002  S       DO PASS AS AMENDED                  007-000-003   SJUD    
   APR-24-2002  S  PLACED ON CALENDAR ORDER OF 2ND READING  02-04-25              
   APR-25-2002  S  SECOND READING                                                 
   APR-25-2002  S  PLACED ON CALENDAR ORDER OF 3RD READING  02-05-06              
   MAY-07-2002  S  ADDED AS A CHIEF CO-SPONSOR              PARKER                
   MAY-07-2002  S  THIRD READING - PASSED                   051-000-000           
   MAY-07-2002  H  ARRIVE IN HOUSE                                                
   MAY-07-2002  H  PLACED ON CALENDAR ORDER OF CONCURRENCE  02                    
   MAY-09-2002  H  MOTION FILED CONCUR                      02/SCHOENBERG         
   MAY-09-2002  H                        MOTION REFERRED TO HRUL                  
   MAY-09-2002  H  CALENDAR ORDER OF CONCURRENCE            02                    
   MAY-15-2002  H  FINAL PASSAGE DEADLINE EXTENDED-RULE     9(B) TO 5/31/02       
   MAY-15-2002  H  CALENDAR ORDER OF CONCURRENCE            02                    
   MAY-27-2002  H  MOTION TO CONCUR/SENATE AMENDMENT NO.(S) 02                    
   MAY-27-2002  H  RECOMMENDS BE ADOPTED                    HRUL/003-002-000      
   MAY-27-2002  H  CALENDAR ORDER OF CONCURRENCE            02                    
   MAY-30-2002  H  JOINT-SPONSOR CHANGED TO                 GARRETT               
   MAY-30-2002  H  ADDED AS A CO-SPONSOR                    JONES,LOU             
   MAY-30-2002  H  ADDED AS A CO-SPONSOR                    JEFFERSON             
   MAY-30-2002  H  HSE CONCURS IN SEN AMENDMENTS (NO.)      02/117-000-000        
   MAY-30-2002  H  MOTION FILED TO RECONSIDER VOTE          ON THE CONCURRENCE    
   MAY-30-2002  H                                           MOTION-SCHOENBERG     
   MAY-30-2002  H  MOTION TO RECONSIDER VOTE - PREVAILS                           
   MAY-30-2002  H  PLACED ON CALENDAR ORDER OF CONCURRENCE  02                    
   MAY-30-2002  H  HSE CONCURS IN SEN AMENDMENTS (NO.)      02/116-001-000        
   MAY-30-2002  H  PASSED BOTH HOUSES                                             
   JUN-28-2002  H  SENT TO THE GOVERNOR                                           
   AUG-22-2002  H  GOVERNOR APPROVED                                              
   AUG-22-2002  H                            EFFECTIVE DATE 03-01-01              
   AUG-22-2002  H  PUBLIC ACT.............................. 92-0830               

   END OF INQUIRY 



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