093_HB0547eng

 
HB0547 Engrossed                     LRB093 04122 RLC 04162 b

 1        AN ACT in relation to criminal law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Criminal  Code  of  1961 is amended by
 5    changing Section 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
 9    actual  or  perceived race, color, creed, religion, ancestry,
10    gender, sexual orientation, physical or mental disability, or
11    national  origin  of   another   individual   or   group   of
12    individuals,   regardless  of  the  existence  of  any  other
13    motivating factor or factors, he  commits  assault,  battery,
14    aggravated  assault,  misdemeanor theft, criminal trespass to
15    residence, misdemeanor criminal damage to property,  criminal
16    trespass  to vehicle, criminal trespass to real property, mob
17    action or disorderly conduct as these crimes are  defined  in
18    Sections  12-1,  12-2,  12-3,  16-1,  19-4, 21-1, 21-2, 21-3,
19    25-1, and 26-1 of this Code, respectively, or  harassment  by
20    telephone  as  defined  in  Section  1-1 of the Harassing and
21    Obscene Communications Act, or harassment through  electronic
22    communications as defined in Section 1-2 of the Harassing and
23    Obscene Communications Act.
24        (b)  Except  as  provided in subsection (b-5), hate crime
25    is a Class 4 felony for a first offense and a Class 2  felony
26    for a second or subsequent offense.
27        (b-5)  Hate crime is a Class 3 felony for a first offense
28    and  a  Class  2 felony for a second or subsequent offense if
29    committed:
30             (1)  in  a  church,  synagogue,  mosque,  or   other
31        building,  structure, or place used for religious worship
 
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 1        or other religious purpose;
 2             (2)  in a cemetery, mortuary, or other facility used
 3        for the purpose of burial or memorializing the dead;
 4             (3)  in a school or other educational facility;
 5             (4)  in a public park  or  an  ethnic  or  religious
 6        community center;
 7             (5)  on  the  real  property comprising any location
 8        specified in clauses (1) through (4) of  this  subsection
 9        (b-5); or
10             (6)  on  a  public way within 1,000 feet of the real
11        property comprising any location specified in clauses (1)
12        through (4) of this subsection (b-5).
13        (b-10)  Upon imposition of any sentence, the trial  court
14    shall  also  either  order  restitution paid to the victim or
15    impose a fine up  to  $1,000.   In  addition,  any  order  of
16    probation   or  conditional  discharge  entered  following  a
17    conviction or an adjudication of delinquency shall include  a
18    condition  that  the  offender  perform  public  or community
19    service of  no  less  than  200  hours  if  that  service  is
20    established in the county where the offender was convicted of
21    hate crime.  The court may also impose any other condition of
22    probation or conditional discharge under this Section.
23        (c)  Independent  of  any  criminal  prosecution  or  the
24    result  thereof, any person suffering injury to his person or
25    damage to his property as a result of hate crime may bring  a
26    civil  action  for  damages,  injunction or other appropriate
27    relief. The court may award actual damages, including damages
28    for emotional distress, or punitive damages. A  judgment  may
29    include  attorney's  fees  and  costs.   The parents or legal
30    guardians, other than guardians  appointed  pursuant  to  the
31    Juvenile  Court  Act or the Juvenile Court Act of 1987, of an
32    unemancipated minor shall be liable for  the  amount  of  any
33    judgment for actual damages rendered against such minor under
34    this  subsection  (c)  in any amount not exceeding the amount
 
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 1    provided under Section 5 of the Parental Responsibility Law.
 2        (d)  "Sexual    orientation"    means    heterosexuality,
 3    homosexuality, or bisexuality.
 4    (Source: P.A. 92-830, eff. 1-1-03.)

 5        Section 99.  Effective date.  This Act takes effect  upon
 6    becoming law.