Synopsis As Introduced Amends the Criminal Code of 2012. Provides that a person also 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 or she commits intimidation, stalking, cyberstalking, or transmission of obscene messages. Provides that independent of any criminal prosecution or the result of a criminal prosecution, any person suffering intimidation, stalking, cyberstalking, disorderly conduct, transmission of obscene messages, harassment by telephone, or harassment through electronic communications may bring a civil action for damages, injunction or other appropriate relief. Provides that the Attorney General may bring an action for civil damages for a hate crime in the name of the People of the State. Provides that the court shall impose a civil penalty of $25,000 for each violation of the hate crime statute.
House Committee Amendment No. 1 Provides that the Attorney General may bring a civil action as a result of a hate crime after consulting with the local State's Attorney. Provides that the court may (rather than shall) impose a civil penalty up to (rather than of) $25,000 for each hate crime violation.
House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the bill as introduced, except: (1) limits a hate crime committed by intimidation to: (A) intimidation committed by the infliction of physical harm on the person threatened or any other person or on property; (B) subjecting any person to physical confinement or restraint; or (C) committing a felony or Class A misdemeanor; (2) provides that after consulting with the local State's Attorney, the Attorney General may bring a civil action in the name of the People of the State for an injunction or other equitable relief for a hate crime; and (3) provides that the Attorney General may request and the court may impose a civil penalty up to $25,000 for each violation of the hate crime statute.