Illinois General Assembly - Full Text of HB3262
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Full Text of HB3262  102nd General Assembly

HB3262enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB3262 EnrolledLRB102 12797 KMF 18137 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by
5changing 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
9actual or perceived race, color, creed, religion, ancestry,
10gender, sexual orientation, physical or mental disability, or
11national origin of another individual or group of individuals,
12regardless of the existence of any other motivating factor or
13factors, he or she commits assault, battery, aggravated
14assault, intimidation, stalking, cyberstalking, misdemeanor
15theft, criminal trespass to residence, misdemeanor criminal
16damage to property, criminal trespass to vehicle, criminal
17trespass to real property, mob action, disorderly conduct,
18transmission of obscene messages, harassment by telephone, or
19harassment through electronic communications as these crimes
20are defined in Sections 12-1, 12-2, 12-3(a), 12-7.3, 12-7.5,
2116-1, 19-4, 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-1, 26.5-2,
22paragraphs (a)(1), (a)(2), and (a)(3) of Section 12-6, and
23paragraphs (a)(2) and (a)(5) of Section 26.5-3 of this Code,

 

 

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1respectively.
2    (b) Except as provided in subsection (b-5), hate crime is
3a Class 4 felony for a first offense and a Class 2 felony for a
4second or subsequent offense.
5    (b-5) Hate crime is a Class 3 felony for a first offense
6and a Class 2 felony for a second or subsequent offense if
7committed:
8        (1) in, or upon the exterior or grounds of, a church,
9    synagogue, mosque, or other building, structure, or place
10    identified or associated with a particular religion or
11    used for religious worship or other religious purpose;
12        (2) in a cemetery, mortuary, or other facility used
13    for the purpose of burial or memorializing the dead;
14        (3) in a school or other educational facility,
15    including an administrative facility or public or private
16    dormitory facility of or associated with the school or
17    other educational facility;
18        (4) in a public park or an ethnic or religious
19    community center;
20        (5) on the real property comprising any location
21    specified in clauses (1) through (4) of this subsection
22    (b-5); or
23        (6) on a public way within 1,000 feet of the real
24    property comprising any location specified in clauses (1)
25    through (4) of this subsection (b-5).
26    (b-10) Upon imposition of any sentence, the trial court

 

 

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1shall also either order restitution paid to the victim or
2impose a fine in an amount to be determined by the court based
3on the severity of the crime and the injury or damages suffered
4by the victim. In addition, any order of probation or
5conditional discharge entered following a conviction or an
6adjudication of delinquency shall include a condition that the
7offender perform public or community service of no less than
8200 hours if that service is established in the county where
9the offender was convicted of hate crime. In addition, any
10order of probation or conditional discharge entered following
11a conviction or an adjudication of delinquency shall include a
12condition that the offender enroll in an educational program
13discouraging hate crimes involving the protected class
14identified in subsection (a) that gave rise to the offense the
15offender committed. The educational program must be attended
16by the offender in-person and may be administered, as
17determined by the court, by a university, college, community
18college, non-profit organization, the Illinois Holocaust and
19Genocide Commission, or any other organization that provides
20educational programs discouraging hate crimes, except that
21programs administered online or that can otherwise be attended
22remotely are prohibited. The court may also impose any other
23condition of probation or conditional discharge under this
24Section. If the court sentences the offender to imprisonment
25or periodic imprisonment for a violation of this Section, as a
26condition of the offender's mandatory supervised release, the

 

 

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1court shall require that the offender perform public or
2community service of no less than 200 hours and enroll in an
3educational program discouraging hate crimes involving the
4protected class identified in subsection (a) that gave rise to
5the offense the offender committed.
6    (c) Independent of any criminal prosecution or the result
7of a criminal prosecution, any person suffering injury to his
8or her person, damage to his or her property, intimidation as
9defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section
1012-6 of this Code, stalking as defined in Section 12-7.3 of
11this Code, cyberstalking as defined in Section 12-7.5 of this
12Code, disorderly conduct as defined in paragraph (a)(1),
13(a)(4), (a)(5), or (a)(6) of Section 26-1 of this Code,
14transmission of obscene messages as defined in Section 26.5-1
15of this Code, harassment by telephone as defined in Section
1626.5-2 of this Code, or harassment through electronic
17communications as defined in paragraphs (a)(2) and (a)(5) of
18Section 26.5-3 of this Code as a result of a hate crime may
19bring a civil action for damages, injunction or other
20appropriate relief. The court may award actual damages,
21including damages for emotional distress, as well as punitive
22damages. The court may impose a civil penalty up to $25,000 for
23each violation of this subsection (c). A judgment in favor of a
24person who brings a civil action under this subsection (c)
25shall include attorney's fees and costs. After consulting with
26the local State's Attorney, the Attorney General may bring a

 

 

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1civil action in the name of the People of the State for an
2injunction or other equitable relief under this subsection
3(c). In addition, the Attorney General may request and the
4court may impose a civil penalty up to $25,000 for each
5violation under this subsection (c). The parents or legal
6guardians, other than guardians appointed pursuant to the
7Juvenile Court Act or the Juvenile Court Act of 1987, of an
8unemancipated minor shall be liable for the amount of any
9judgment for all damages rendered against such minor under
10this subsection (c) in any amount not exceeding the amount
11provided under Section 5 of the Parental Responsibility Law.
12    (d) "Sexual orientation" has the meaning ascribed to it in
13paragraph (O-1) of Section 1-103 of the Illinois Human Rights
14Act.
15(Source: P.A. 99-77, eff. 1-1-16; 100-197, eff. 1-1-18;
16100-260, eff. 1-1-18; 100-863, eff. 8-14-18.)