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Public Act 099-0077


 

Public Act 0077 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0077
 
HB3930 EnrolledLRB099 10134 RLC 30357 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 2012 is amended by changing
Sections 12-7.1 and 21-1.2 as follows:
 
    (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
    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. 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" has the meaning ascribed to it in
paragraph (O-1) of Section 1-103 of the Illinois Human Rights
Act 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.)
 
    (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,
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 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) Sentence.
         (1) Institutional vandalism is a Class 3 felony when
    the damage to the property does not exceed $300.
    Institutional vandalism is a Class 2 felony when the damage
    to the property exceeds $300. Institutional vandalism is a
    Class 2 felony for any second or subsequent offense.
        (2) 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 in an amount not exceeding the amount
provided under Section 5 of the Parental Responsibility Law.
    (d) As used in this Section, "sexual orientation" has the
meaning ascribed to it in paragraph (O-1) of Section 1-103 of
the Illinois Human Rights Act.
(Source: P.A. 97-1108, eff. 1-1-13.)
 
    Section 10. The Unified Code of Corrections is amended by
changing Section 5-5-3.2 as follows:
 
    (730 ILCS 5/5-5-3.2)
    Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
Sentencing.
    (a) The following factors shall be accorded weight in favor
of imposing a term of imprisonment or may be considered by the
court as reasons to impose a more severe sentence under Section
5-8-1 or Article 4.5 of Chapter V:
        (1) the defendant's conduct caused or threatened
    serious harm;
        (2) the defendant received compensation for committing
    the offense;
        (3) the defendant has a history of prior delinquency or
    criminal activity;
        (4) the defendant, by the duties of his office or by
    his position, was obliged to prevent the particular offense
    committed or to bring the offenders committing it to
    justice;
        (5) the defendant held public office at the time of the
    offense, and the offense related to the conduct of that
    office;
        (6) the defendant utilized his professional reputation
    or position in the community to commit the offense, or to
    afford him an easier means of committing it;
        (7) the sentence is necessary to deter others from
    committing the same crime;
        (8) the defendant committed the offense against a
    person 60 years of age or older or such person's property;
        (9) the defendant committed the offense against a
    person who is physically handicapped or such person's
    property;
        (10) by reason of another individual's actual or
    perceived race, color, creed, religion, ancestry, gender,
    sexual orientation, physical or mental disability, or
    national origin, the defendant committed the offense
    against (i) the person or property of that individual; (ii)
    the person or property of a person who has an association
    with, is married to, or has a friendship with the other
    individual; or (iii) the person or property of a relative
    (by blood or marriage) of a person described in clause (i)
    or (ii). For the purposes of this Section, "sexual
    orientation" has the meaning ascribed to it in paragraph
    (O-1) of Section 1-103 of the Illinois Human Rights Act
    means heterosexuality, homosexuality, or bisexuality;
        (11) the offense took place in a place of worship or on
    the grounds of a place of worship, immediately prior to,
    during or immediately following worship services. For
    purposes of this subparagraph, "place of worship" shall
    mean any church, synagogue or other building, structure or
    place used primarily for religious worship;
        (12) the defendant was convicted of a felony committed
    while he was released on bail or his own recognizance
    pending trial for a prior felony and was convicted of such
    prior felony, or the defendant was convicted of a felony
    committed while he was serving a period of probation,
    conditional discharge, or mandatory supervised release
    under subsection (d) of Section 5-8-1 for a prior felony;
        (13) the defendant committed or attempted to commit a
    felony while he was wearing a bulletproof vest. For the
    purposes of this paragraph (13), a bulletproof vest is any
    device which is designed for the purpose of protecting the
    wearer from bullets, shot or other lethal projectiles;
        (14) the defendant held a position of trust or
    supervision such as, but not limited to, family member as
    defined in Section 11-0.1 of the Criminal Code of 2012,
    teacher, scout leader, baby sitter, or day care worker, in
    relation to a victim under 18 years of age, and the
    defendant committed an offense in violation of Section
    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
    11-14.4 except for an offense that involves keeping a place
    of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
    or 12-16 of the Criminal Code of 1961 or the Criminal Code
    of 2012 against that victim;
        (15) the defendant committed an offense related to the
    activities of an organized gang. For the purposes of this
    factor, "organized gang" has the meaning ascribed to it in
    Section 10 of the Streetgang Terrorism Omnibus Prevention
    Act;
        (16) the defendant committed an offense in violation of
    one of the following Sections while in a school, regardless
    of the time of day or time of year; on any conveyance
    owned, leased, or contracted by a school to transport
    students to or from school or a school related activity; on
    the real property of a school; or on a public way within
    1,000 feet of the real property comprising any school:
    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
    18-2, or 33A-2, or Section 12-3.05 except for subdivision
    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
    Criminal Code of 2012;
        (16.5) the defendant committed an offense in violation
    of one of the following Sections while in a day care
    center, regardless of the time of day or time of year; on
    the real property of a day care center, regardless of the
    time of day or time of year; or on a public way within
    1,000 feet of the real property comprising any day care
    center, regardless of the time of day or time of year:
    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
    18-2, or 33A-2, or Section 12-3.05 except for subdivision
    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
    Criminal Code of 2012;
        (17) the defendant committed the offense by reason of
    any person's activity as a community policing volunteer or
    to prevent any person from engaging in activity as a
    community policing volunteer. For the purpose of this
    Section, "community policing volunteer" has the meaning
    ascribed to it in Section 2-3.5 of the Criminal Code of
    2012;
        (18) the defendant committed the offense in a nursing
    home or on the real property comprising a nursing home. For
    the purposes of this paragraph (18), "nursing home" means a
    skilled nursing or intermediate long term care facility
    that is subject to license by the Illinois Department of
    Public Health under the Nursing Home Care Act, the
    Specialized Mental Health Rehabilitation Act of 2013, or
    the ID/DD Community Care Act;
        (19) the defendant was a federally licensed firearm
    dealer and was previously convicted of a violation of
    subsection (a) of Section 3 of the Firearm Owners
    Identification Card Act and has now committed either a
    felony violation of the Firearm Owners Identification Card
    Act or an act of armed violence while armed with a firearm;
        (20) the defendant (i) committed the offense of
    reckless homicide under Section 9-3 of the Criminal Code of
    1961 or the Criminal Code of 2012 or the offense of driving
    under the influence of alcohol, other drug or drugs,
    intoxicating compound or compounds or any combination
    thereof under Section 11-501 of the Illinois Vehicle Code
    or a similar provision of a local ordinance and (ii) was
    operating a motor vehicle in excess of 20 miles per hour
    over the posted speed limit as provided in Article VI of
    Chapter 11 of the Illinois Vehicle Code;
        (21) the defendant (i) committed the offense of
    reckless driving or aggravated reckless driving under
    Section 11-503 of the Illinois Vehicle Code and (ii) was
    operating a motor vehicle in excess of 20 miles per hour
    over the posted speed limit as provided in Article VI of
    Chapter 11 of the Illinois Vehicle Code;
        (22) the defendant committed the offense against a
    person that the defendant knew, or reasonably should have
    known, was a member of the Armed Forces of the United
    States serving on active duty. For purposes of this clause
    (22), the term "Armed Forces" means any of the Armed Forces
    of the United States, including a member of any reserve
    component thereof or National Guard unit called to active
    duty;
        (23) the defendant committed the offense against a
    person who was elderly, disabled, or infirm by taking
    advantage of a family or fiduciary relationship with the
    elderly, disabled, or infirm person;
        (24) the defendant committed any offense under Section
    11-20.1 of the Criminal Code of 1961 or the Criminal Code
    of 2012 and possessed 100 or more images;
        (25) the defendant committed the offense while the
    defendant or the victim was in a train, bus, or other
    vehicle used for public transportation;
        (26) the defendant committed the offense of child
    pornography or aggravated child pornography, specifically
    including paragraph (1), (2), (3), (4), (5), or (7) of
    subsection (a) of Section 11-20.1 of the Criminal Code of
    1961 or the Criminal Code of 2012 where a child engaged in,
    solicited for, depicted in, or posed in any act of sexual
    penetration or bound, fettered, or subject to sadistic,
    masochistic, or sadomasochistic abuse in a sexual context
    and specifically including paragraph (1), (2), (3), (4),
    (5), or (7) of subsection (a) of Section 11-20.1B or
    Section 11-20.3 of the Criminal Code of 1961 where a child
    engaged in, solicited for, depicted in, or posed in any act
    of sexual penetration or bound, fettered, or subject to
    sadistic, masochistic, or sadomasochistic abuse in a
    sexual context;
        (27) the defendant committed the offense of first
    degree murder, assault, aggravated assault, battery,
    aggravated battery, robbery, armed robbery, or aggravated
    robbery against a person who was a veteran and the
    defendant knew, or reasonably should have known, that the
    person was a veteran performing duties as a representative
    of a veterans' organization. For the purposes of this
    paragraph (27), "veteran" means an Illinois resident who
    has served as a member of the United States Armed Forces, a
    member of the Illinois National Guard, or a member of the
    United States Reserve Forces; and "veterans' organization"
    means an organization comprised of members of which
    substantially all are individuals who are veterans or
    spouses, widows, or widowers of veterans, the primary
    purpose of which is to promote the welfare of its members
    and to provide assistance to the general public in such a
    way as to confer a public benefit; or
        (28) the defendant committed the offense of assault,
    aggravated assault, battery, aggravated battery, robbery,
    armed robbery, or aggravated robbery against a person that
    the defendant knew or reasonably should have known was a
    letter carrier or postal worker while that person was
    performing his or her duties delivering mail for the United
    States Postal Service.
    For the purposes of this Section:
    "School" is defined as a public or private elementary or
secondary school, community college, college, or university.
    "Day care center" means a public or private State certified
and licensed day care center as defined in Section 2.09 of the
Child Care Act of 1969 that displays a sign in plain view
stating that the property is a day care center.
    "Public transportation" means the transportation or
conveyance of persons by means available to the general public,
and includes paratransit services.
    (b) The following factors, related to all felonies, may be
considered by the court as reasons to impose an extended term
sentence under Section 5-8-2 upon any offender:
        (1) When a defendant is convicted of any felony, after
    having been previously convicted in Illinois or any other
    jurisdiction of the same or similar class felony or greater
    class felony, when such conviction has occurred within 10
    years after the previous conviction, excluding time spent
    in custody, and such charges are separately brought and
    tried and arise out of different series of acts; or
        (2) When a defendant is convicted of any felony and the
    court finds that the offense was accompanied by
    exceptionally brutal or heinous behavior indicative of
    wanton cruelty; or
        (3) When a defendant is convicted of any felony
    committed against:
            (i) a person under 12 years of age at the time of
        the offense or such person's property;
            (ii) a person 60 years of age or older at the time
        of the offense or such person's property; or
            (iii) a person physically handicapped at the time
        of the offense or such person's property; or
        (4) When a defendant is convicted of any felony and the
    offense involved any of the following types of specific
    misconduct committed as part of a ceremony, rite,
    initiation, observance, performance, practice or activity
    of any actual or ostensible religious, fraternal, or social
    group:
            (i) the brutalizing or torturing of humans or
        animals;
            (ii) the theft of human corpses;
            (iii) the kidnapping of humans;
            (iv) the desecration of any cemetery, religious,
        fraternal, business, governmental, educational, or
        other building or property; or
            (v) ritualized abuse of a child; or
        (5) When a defendant is convicted of a felony other
    than conspiracy and the court finds that the felony was
    committed under an agreement with 2 or more other persons
    to commit that offense and the defendant, with respect to
    the other individuals, occupied a position of organizer,
    supervisor, financier, or any other position of management
    or leadership, and the court further finds that the felony
    committed was related to or in furtherance of the criminal
    activities of an organized gang or was motivated by the
    defendant's leadership in an organized gang; or
        (6) When a defendant is convicted of an offense
    committed while using a firearm with a laser sight attached
    to it. For purposes of this paragraph, "laser sight" has
    the meaning ascribed to it in Section 26-7 of the Criminal
    Code of 2012; or
        (7) When a defendant who was at least 17 years of age
    at the time of the commission of the offense is convicted
    of a felony and has been previously adjudicated a
    delinquent minor under the Juvenile Court Act of 1987 for
    an act that if committed by an adult would be a Class X or
    Class 1 felony when the conviction has occurred within 10
    years after the previous adjudication, excluding time
    spent in custody; or
        (8) When a defendant commits any felony and the
    defendant used, possessed, exercised control over, or
    otherwise directed an animal to assault a law enforcement
    officer engaged in the execution of his or her official
    duties or in furtherance of the criminal activities of an
    organized gang in which the defendant is engaged; or
        (9) When a defendant commits any felony and the
    defendant knowingly video or audio records the offense with
    the intent to disseminate the recording.
    (c) The following factors may be considered by the court as
reasons to impose an extended term sentence under Section 5-8-2
(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
        (1) When a defendant is convicted of first degree
    murder, after having been previously convicted in Illinois
    of any offense listed under paragraph (c)(2) of Section
    5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
    within 10 years after the previous conviction, excluding
    time spent in custody, and the charges are separately
    brought and tried and arise out of different series of
    acts.
        (1.5) When a defendant is convicted of first degree
    murder, after having been previously convicted of domestic
    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
    (720 ILCS 5/12-3.3) committed on the same victim or after
    having been previously convicted of violation of an order
    of protection (720 ILCS 5/12-30) in which the same victim
    was the protected person.
        (2) When a defendant is convicted of voluntary
    manslaughter, second degree murder, involuntary
    manslaughter, or reckless homicide in which the defendant
    has been convicted of causing the death of more than one
    individual.
        (3) When a defendant is convicted of aggravated
    criminal sexual assault or criminal sexual assault, when
    there is a finding that aggravated criminal sexual assault
    or criminal sexual assault was also committed on the same
    victim by one or more other individuals, and the defendant
    voluntarily participated in the crime with the knowledge of
    the participation of the others in the crime, and the
    commission of the crime was part of a single course of
    conduct during which there was no substantial change in the
    nature of the criminal objective.
        (4) If the victim was under 18 years of age at the time
    of the commission of the offense, when a defendant is
    convicted of aggravated criminal sexual assault or
    predatory criminal sexual assault of a child under
    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
    of Section 12-14.1 of the Criminal Code of 1961 or the
    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
        (5) When a defendant is convicted of a felony violation
    of Section 24-1 of the Criminal Code of 1961 or the
    Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
    finding that the defendant is a member of an organized
    gang.
        (6) When a defendant was convicted of unlawful use of
    weapons under Section 24-1 of the Criminal Code of 1961 or
    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
    a weapon that is not readily distinguishable as one of the
    weapons enumerated in Section 24-1 of the Criminal Code of
    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
        (7) When a defendant is convicted of an offense
    involving the illegal manufacture of a controlled
    substance under Section 401 of the Illinois Controlled
    Substances Act (720 ILCS 570/401), the illegal manufacture
    of methamphetamine under Section 25 of the Methamphetamine
    Control and Community Protection Act (720 ILCS 646/25), or
    the illegal possession of explosives and an emergency
    response officer in the performance of his or her duties is
    killed or injured at the scene of the offense while
    responding to the emergency caused by the commission of the
    offense. In this paragraph, "emergency" means a situation
    in which a person's life, health, or safety is in jeopardy;
    and "emergency response officer" means a peace officer,
    community policing volunteer, fireman, emergency medical
    technician-ambulance, emergency medical
    technician-intermediate, emergency medical
    technician-paramedic, ambulance driver, other medical
    assistance or first aid personnel, or hospital emergency
    room personnel.
        (8) When the defendant is convicted of attempted mob
    action, solicitation to commit mob action, or conspiracy to
    commit mob action under Section 8-1, 8-2, or 8-4 of the
    Criminal Code of 2012, where the criminal object is a
    violation of Section 25-1 of the Criminal Code of 2012, and
    an electronic communication is used in the commission of
    the offense. For the purposes of this paragraph (8),
    "electronic communication" shall have the meaning provided
    in Section 26.5-0.1 of the Criminal Code of 2012.
    (d) For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
    (e) The court may impose an extended term sentence under
Article 4.5 of Chapter V upon an offender who has been
convicted of a felony violation of Section 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012
when the victim of the offense is under 18 years of age at the
time of the commission of the offense and, during the
commission of the offense, the victim was under the influence
of alcohol, regardless of whether or not the alcohol was
supplied by the offender; and the offender, at the time of the
commission of the offense, knew or should have known that the
victim had consumed alcohol.
(Source: P.A. 97-38, eff. 6-28-11, 97-227, eff. 1-1-12; 97-333,
eff. 8-12-11; 97-693, eff. 1-1-13; 97-1108, eff. 1-1-13;
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-14, eff.
1-1-14; 98-104, eff. 7-22-13; 98-385, eff. 1-1-14; 98-756, eff.
7-16-14.)

Effective Date: 1/1/2016