Illinois General Assembly - Full Text of HB4125
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Full Text of HB4125  102nd General Assembly

HB4125 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4125

 

Introduced 9/3/2021, by Rep. Frances Ann Hurley - John C. D'Amico

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12-7.1  from Ch. 38, par. 12-7.1

    Amends the Criminal Code of 2012. Provides that a person also commits a hate crime if by reason of the actual or perceived employment as a peace officer of another individual, regardless of the existence of any other motivating factor or factors, he or she 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. Provides that a first offense is a Class 4 felony and a second or subsequent offense is a Class 2 felony, unless committed in certain specified locations in which case the penalty is a Class 3 felony for a first offense and a Class 2 felony for a second or subsequent offense.


LRB102 19577 RLC 28345 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4125LRB102 19577 RLC 28345 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,
12or by reason of the actual or perceived employment as a peace
13officer of another individual, regardless of the existence of
14any other motivating factor or factors, he or she commits
15assault, battery, aggravated assault, intimidation, stalking,
16cyberstalking, misdemeanor theft, criminal trespass to
17residence, misdemeanor criminal damage to property, criminal
18trespass to vehicle, criminal trespass to real property, mob
19action, disorderly conduct, transmission of obscene messages,
20harassment by telephone, or harassment through electronic
21communications as these crimes are defined in Sections 12-1,
2212-2, 12-3(a), 12-7.3, 12-7.5, 16-1, 19-4, 21-1, 21-2, 21-3,
2325-1, 26-1, 26.5-1, 26.5-2, paragraphs (a)(1), (a)(2), and

 

 

HB4125- 2 -LRB102 19577 RLC 28345 b

1(a)(3) of Section 12-6, and paragraphs (a)(2) and (a)(5) of
2Section 26.5-3 of this Code, respectively.
3    (b) Except as provided in subsection (b-5), hate crime is
4a Class 4 felony for a first offense and a Class 2 felony for a
5second or subsequent offense.
6    (b-5) Hate crime is a Class 3 felony for a first offense
7and a Class 2 felony for a second or subsequent offense if
8committed:
9        (1) in, or upon the exterior or grounds of, a church,
10    synagogue, mosque, or other building, structure, or place
11    identified or associated with a particular religion or
12    used for religious worship or other religious purpose;
13        (2) in a cemetery, mortuary, or other facility used
14    for the purpose of burial or memorializing the dead;
15        (3) in a school or other educational facility,
16    including an administrative facility or public or private
17    dormitory facility of or associated with the school or
18    other educational facility;
19        (4) in a public park or an ethnic or religious
20    community center;
21        (5) on the real property comprising any location
22    specified in clauses (1) through (4) of this subsection
23    (b-5); or
24        (6) on a public way within 1,000 feet of the real
25    property comprising any location specified in clauses (1)
26    through (4) of this subsection (b-5).

 

 

HB4125- 3 -LRB102 19577 RLC 28345 b

1    (b-10) Upon imposition of any sentence, the trial court
2shall also either order restitution paid to the victim or
3impose a fine in an amount to be determined by the court based
4on the severity of the crime and the injury or damages suffered
5by the victim. In addition, any order of probation or
6conditional discharge entered following a conviction or an
7adjudication of delinquency shall include a condition that the
8offender perform public or community service of no less than
9200 hours if that service is established in the county where
10the offender was convicted of hate crime. In addition, any
11order of probation or conditional discharge entered following
12a conviction or an adjudication of delinquency shall include a
13condition that the offender enroll in an educational program
14discouraging hate crimes involving the protected class
15identified in subsection (a) that gave rise to the offense the
16offender committed. The educational program must be attended
17by the offender in-person and may be administered, as
18determined by the court, by a university, college, community
19college, non-profit organization, the Illinois Holocaust and
20Genocide Commission, or any other organization that provides
21educational programs discouraging hate crimes, except that
22programs administered online or that can otherwise be attended
23remotely are prohibited. The court may also impose any other
24condition of probation or conditional discharge under this
25Section. If the court sentences the offender to imprisonment
26or periodic imprisonment for a violation of this Section, as a

 

 

HB4125- 4 -LRB102 19577 RLC 28345 b

1condition of the offender's mandatory supervised release, the
2court shall require that the offender perform public or
3community service of no less than 200 hours and enroll in an
4educational program discouraging hate crimes involving the
5protected class identified in subsection (a) that gave rise to
6the offense the offender committed.
7    (c) Independent of any criminal prosecution or the result
8of a criminal prosecution, any person suffering injury to his
9or her person, damage to his or her property, intimidation as
10defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section
1112-6 of this Code, stalking as defined in Section 12-7.3 of
12this Code, cyberstalking as defined in Section 12-7.5 of this
13Code, disorderly conduct as defined in paragraph (a)(1) of
14Section 26-1 of this Code, transmission of obscene messages as
15defined in Section 26.5-1 of this Code, harassment by
16telephone as defined in Section 26.5-2 of this Code, or
17harassment through electronic communications as defined in
18paragraphs (a)(2) and (a)(5) of Section 26.5-3 of this Code as
19a result of a hate crime may bring a civil action for damages,
20injunction or other appropriate relief. The court may award
21actual damages, including damages for emotional distress, as
22well as punitive damages. The court may impose a civil penalty
23up to $25,000 for each violation of this subsection (c). A
24judgment in favor of a person who brings a civil action under
25this subsection (c) shall include attorney's fees and costs.
26After consulting with the local State's Attorney, the Attorney

 

 

HB4125- 5 -LRB102 19577 RLC 28345 b

1General may bring a civil action in the name of the People of
2the State for an injunction or other equitable relief under
3this subsection (c). In addition, the Attorney General may
4request and the court may impose a civil penalty up to $25,000
5for each violation under this subsection (c). The parents or
6legal guardians, other than guardians appointed pursuant to
7the Juvenile 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.)