Illinois General Assembly - Full Text of HB4725
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Full Text of HB4725  97th General Assembly

HB4725eng 97TH GENERAL ASSEMBLY

  
  
  

 


 
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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 1961 is amended by changing
5Section 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, gender identity, military status, immigration status,
11sexual orientation, physical or mental disability, or national
12origin of another individual or group of individuals,
13regardless of the existence of any other motivating factor or
14factors, he commits assault, battery, aggravated assault,
15misdemeanor theft, criminal trespass to residence, misdemeanor
16criminal damage to property, criminal trespass to vehicle,
17criminal trespass to real property, mob action or disorderly
18conduct as these crimes are defined in Sections 12-1, 12-2,
1912-3(a), 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, and 26-1 of this
20Code, respectively, or harassment by telephone as defined in
21Section 1-1 of the Harassing and Obscene Communications Act, or
22harassment through electronic communications as defined in
23clauses (a)(2) and (a)(4) of Section 1-2 of the Harassing and

 

 

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1Obscene Communications Act.
2    (b) Except as provided in subsection (b-5), hate crime is a
3Class 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 a church, synagogue, mosque, or other building,
9    structure, or place used for religious worship or other
10    religious purpose;
11        (2) in a cemetery, mortuary, or other facility used for
12    the purpose of burial or memorializing the dead;
13        (3) in a school or other educational facility,
14    including an administrative facility or public or private
15    dormitory facility of or associated with the school or
16    other educational facility;
17        (4) in a public park or an ethnic or religious
18    community center;
19        (5) on the real property comprising any location
20    specified in clauses (1) through (4) of this subsection
21    (b-5); or
22        (6) on a public way within 1,000 feet of the real
23    property comprising any location specified in clauses (1)
24    through (4) of this subsection (b-5).
25    (b-10) Upon imposition of any sentence, the trial court
26shall also either order restitution paid to the victim or

 

 

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1impose a fine up to $1,000. In addition, any order of probation
2or conditional discharge entered following a conviction or an
3adjudication of delinquency shall include a condition that the
4offender perform public or community service of no less than
5200 hours if that service is established in the county where
6the offender was convicted of hate crime. In addition, any
7order of probation or conditional discharge entered following a
8conviction or an adjudication of delinquency shall include a
9condition that the offender enroll in an educational program
10discouraging hate crimes if the offender caused criminal damage
11to property consisting of religious fixtures, objects, or
12decorations. The educational program may be administered, as
13determined by the court, by a university, college, community
14college, non-profit organization, or the Holocaust and
15Genocide Commission. Nothing in this subsection (b-10)
16prohibits courses discouraging hate crimes from being made
17available online. The court may also impose any other condition
18of probation or conditional discharge under this Section.
19    (c) Independent of any criminal prosecution or the result
20thereof, any person suffering injury to his person or damage to
21his property as a result of hate crime may bring a civil action
22for damages, injunction or other appropriate relief. The court
23may award actual damages, including damages for emotional
24distress, or punitive damages. A judgment may include
25attorney's fees and costs. The parents or legal guardians,
26other than guardians appointed pursuant to the Juvenile Court

 

 

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1Act or the Juvenile Court Act of 1987, of an unemancipated
2minor shall be liable for the amount of any judgment for actual
3damages rendered against such minor under this subsection (c)
4in any amount not exceeding the amount provided under Section 5
5of the Parental Responsibility Law.
6    (d) In this Section:
7        "Gender identity" means a person's gender-related
8    preference, appearance, expression, or behavior whether or
9    not traditionally associated with the person's assigned
10    sex at birth.
11        "Sexual orientation" means heterosexuality,
12    homosexuality, or bisexuality.
13(Source: P.A. 96-1551, eff. 7-1-11; 97-161, eff. 1-1-12;
14revised 9-19-11.)
 
15    Section 10. The Unified Code of Corrections is amended by
16changing Section 5-5-3.2 as follows:
 
17    (730 ILCS 5/5-5-3.2)
18    Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
19Sentencing.
20    (a) The following factors shall be accorded weight in favor
21of imposing a term of imprisonment or may be considered by the
22court as reasons to impose a more severe sentence under Section
235-8-1 or Article 4.5 of Chapter V:
24        (1) the defendant's conduct caused or threatened

 

 

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1    serious harm;
2        (2) the defendant received compensation for committing
3    the offense;
4        (3) the defendant has a history of prior delinquency or
5    criminal activity;
6        (4) the defendant, by the duties of his office or by
7    his position, was obliged to prevent the particular offense
8    committed or to bring the offenders committing it to
9    justice;
10        (5) the defendant held public office at the time of the
11    offense, and the offense related to the conduct of that
12    office;
13        (6) the defendant utilized his professional reputation
14    or position in the community to commit the offense, or to
15    afford him an easier means of committing it;
16        (7) the sentence is necessary to deter others from
17    committing the same crime;
18        (8) the defendant committed the offense against a
19    person 60 years of age or older or such person's property;
20        (9) the defendant committed the offense against a
21    person who is physically handicapped or such person's
22    property;
23        (10) by reason of another individual's actual or
24    perceived race, color, creed, religion, ancestry, gender,
25    gender identity, military status, immigration status,
26    sexual orientation, physical or mental disability, or

 

 

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1    national origin, the defendant committed the offense
2    against (i) the person or property of that individual; (ii)
3    the person or property of a person who has an association
4    with, is married to, or has a friendship with the other
5    individual; or (iii) the person or property of a relative
6    (by blood or marriage) of a person described in clause (i)
7    or (ii). For the purposes of this Section, "sexual
8    orientation" means heterosexuality, homosexuality, or
9    bisexuality; and "gender identity" means a person's
10    gender-related preference, appearance, expression, or
11    behavior whether or not traditionally associated with the
12    person's assigned sex at birth;
13        (11) the offense took place in a place of worship or on
14    the grounds of a place of worship, immediately prior to,
15    during or immediately following worship services. For
16    purposes of this subparagraph, "place of worship" shall
17    mean any church, synagogue or other building, structure or
18    place used primarily for religious worship;
19        (12) the defendant was convicted of a felony committed
20    while he was released on bail or his own recognizance
21    pending trial for a prior felony and was convicted of such
22    prior felony, or the defendant was convicted of a felony
23    committed while he was serving a period of probation,
24    conditional discharge, or mandatory supervised release
25    under subsection (d) of Section 5-8-1 for a prior felony;
26        (13) the defendant committed or attempted to commit a

 

 

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1    felony while he was wearing a bulletproof vest. For the
2    purposes of this paragraph (13), a bulletproof vest is any
3    device which is designed for the purpose of protecting the
4    wearer from bullets, shot or other lethal projectiles;
5        (14) the defendant held a position of trust or
6    supervision such as, but not limited to, family member as
7    defined in Section 11-0.1 of the Criminal Code of 1961,
8    teacher, scout leader, baby sitter, or day care worker, in
9    relation to a victim under 18 years of age, and the
10    defendant committed an offense in violation of Section
11    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
12    11-14.4 except for an offense that involves keeping a place
13    of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
14    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
15    or 12-16 of the Criminal Code of 1961 against that victim;
16        (15) the defendant committed an offense related to the
17    activities of an organized gang. For the purposes of this
18    factor, "organized gang" has the meaning ascribed to it in
19    Section 10 of the Streetgang Terrorism Omnibus Prevention
20    Act;
21        (16) the defendant committed an offense in violation of
22    one of the following Sections while in a school, regardless
23    of the time of day or time of year; on any conveyance
24    owned, leased, or contracted by a school to transport
25    students to or from school or a school related activity; on
26    the real property of a school; or on a public way within

 

 

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1    1,000 feet of the real property comprising any school:
2    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
3    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
4    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
5    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
6    18-2, or 33A-2, or Section 12-3.05 except for subdivision
7    (a)(4) or (g)(1), of the Criminal Code of 1961;
8        (16.5) the defendant committed an offense in violation
9    of one of the following Sections while in a day care
10    center, regardless of the time of day or time of year; on
11    the real property of a day care center, regardless of the
12    time of day or time of year; or on a public way within
13    1,000 feet of the real property comprising any day care
14    center, regardless of the time of day or time of year:
15    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
16    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
17    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
18    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
19    18-2, or 33A-2, or Section 12-3.05 except for subdivision
20    (a)(4) or (g)(1), of the Criminal Code of 1961;
21        (17) the defendant committed the offense by reason of
22    any person's activity as a community policing volunteer or
23    to prevent any person from engaging in activity as a
24    community policing volunteer. For the purpose of this
25    Section, "community policing volunteer" has the meaning
26    ascribed to it in Section 2-3.5 of the Criminal Code of

 

 

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1    1961;
2        (18) the defendant committed the offense in a nursing
3    home or on the real property comprising a nursing home. For
4    the purposes of this paragraph (18), "nursing home" means a
5    skilled nursing or intermediate long term care facility
6    that is subject to license by the Illinois Department of
7    Public Health under the Nursing Home Care Act, the
8    Specialized Mental Health Rehabilitation Act, or the ID/DD
9    Community Care Act;
10        (19) the defendant was a federally licensed firearm
11    dealer and was previously convicted of a violation of
12    subsection (a) of Section 3 of the Firearm Owners
13    Identification Card Act and has now committed either a
14    felony violation of the Firearm Owners Identification Card
15    Act or an act of armed violence while armed with a firearm;
16        (20) the defendant (i) committed the offense of
17    reckless homicide under Section 9-3 of the Criminal Code of
18    1961 or the offense of driving under the influence of
19    alcohol, other drug or drugs, intoxicating compound or
20    compounds or any combination thereof under Section 11-501
21    of the Illinois Vehicle Code or a similar provision of a
22    local ordinance and (ii) was operating a motor vehicle in
23    excess of 20 miles per hour over the posted speed limit as
24    provided in Article VI of Chapter 11 of the Illinois
25    Vehicle Code;
26        (21) the defendant (i) committed the offense of

 

 

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1    reckless driving or aggravated reckless driving under
2    Section 11-503 of the Illinois Vehicle Code and (ii) was
3    operating a motor vehicle in excess of 20 miles per hour
4    over the posted speed limit as provided in Article VI of
5    Chapter 11 of the Illinois Vehicle Code;
6        (22) the defendant committed the offense against a
7    person that the defendant knew, or reasonably should have
8    known, was a member of the Armed Forces of the United
9    States serving on active duty. For purposes of this clause
10    (22), the term "Armed Forces" means any of the Armed Forces
11    of the United States, including a member of any reserve
12    component thereof or National Guard unit called to active
13    duty;
14        (23) the defendant committed the offense against a
15    person who was elderly, disabled, or infirm by taking
16    advantage of a family or fiduciary relationship with the
17    elderly, disabled, or infirm person;
18        (24) the defendant committed any offense under Section
19    11-20.1 of the Criminal Code of 1961 and possessed 100 or
20    more images;
21        (25) the defendant committed the offense while the
22    defendant or the victim was in a train, bus, or other
23    vehicle used for public transportation;
24        (26) the defendant committed the offense of child
25    pornography or aggravated child pornography, specifically
26    including paragraph (1), (2), (3), (4), (5), or (7) of

 

 

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1    subsection (a) of Section 11-20.1 of the Criminal Code of
2    1961 where a child engaged in, solicited for, depicted in,
3    or posed in any act of sexual penetration or bound,
4    fettered, or subject to sadistic, masochistic, or
5    sadomasochistic abuse in a sexual context and specifically
6    including paragraph (1), (2), (3), (4), (5), or (7) of
7    subsection (a) of Section 11-20.3 of the Criminal Code of
8    1961 where a child engaged in, solicited for, depicted in,
9    or posed in any act of sexual penetration or bound,
10    fettered, or subject to sadistic, masochistic, or
11    sadomasochistic abuse in a sexual context; or
12        (27) the defendant committed the offense of first
13    degree murder, assault, aggravated assault, battery,
14    aggravated battery, robbery, armed robbery, or aggravated
15    robbery against a person who was a veteran and the
16    defendant knew, or reasonably should have known, that the
17    person was a veteran performing duties as a representative
18    of a veterans' organization. For the purposes of this
19    paragraph (27), "veteran" means an Illinois resident who
20    has served as a member of the United States Armed Forces, a
21    member of the Illinois National Guard, or a member of the
22    United States Reserve Forces; and "veterans' organization"
23    means an organization comprised of members of which
24    substantially all are individuals who are veterans or
25    spouses, widows, or widowers of veterans, the primary
26    purpose of which is to promote the welfare of its members

 

 

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1    and to provide assistance to the general public in such a
2    way as to confer a public benefit.
3    For the purposes of this Section:
4    "School" is defined as a public or private elementary or
5secondary school, community college, college, or university.
6    "Day care center" means a public or private State certified
7and licensed day care center as defined in Section 2.09 of the
8Child Care Act of 1969 that displays a sign in plain view
9stating that the property is a day care center.
10    "Public transportation" means the transportation or
11conveyance of persons by means available to the general public,
12and includes paratransit services.
13    (b) The following factors, related to all felonies, may be
14considered by the court as reasons to impose an extended term
15sentence under Section 5-8-2 upon any offender:
16        (1) When a defendant is convicted of any felony, after
17    having been previously convicted in Illinois or any other
18    jurisdiction of the same or similar class felony or greater
19    class felony, when such conviction has occurred within 10
20    years after the previous conviction, excluding time spent
21    in custody, and such charges are separately brought and
22    tried and arise out of different series of acts; or
23        (2) When a defendant is convicted of any felony and the
24    court finds that the offense was accompanied by
25    exceptionally brutal or heinous behavior indicative of
26    wanton cruelty; or

 

 

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1        (3) When a defendant is convicted of any felony
2    committed against:
3            (i) a person under 12 years of age at the time of
4        the offense or such person's property;
5            (ii) a person 60 years of age or older at the time
6        of the offense or such person's property; or
7            (iii) a person physically handicapped at the time
8        of the offense or such person's property; or
9        (4) When a defendant is convicted of any felony and the
10    offense involved any of the following types of specific
11    misconduct committed as part of a ceremony, rite,
12    initiation, observance, performance, practice or activity
13    of any actual or ostensible religious, fraternal, or social
14    group:
15            (i) the brutalizing or torturing of humans or
16        animals;
17            (ii) the theft of human corpses;
18            (iii) the kidnapping of humans;
19            (iv) the desecration of any cemetery, religious,
20        fraternal, business, governmental, educational, or
21        other building or property; or
22            (v) ritualized abuse of a child; or
23        (5) When a defendant is convicted of a felony other
24    than conspiracy and the court finds that the felony was
25    committed under an agreement with 2 or more other persons
26    to commit that offense and the defendant, with respect to

 

 

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1    the other individuals, occupied a position of organizer,
2    supervisor, financier, or any other position of management
3    or leadership, and the court further finds that the felony
4    committed was related to or in furtherance of the criminal
5    activities of an organized gang or was motivated by the
6    defendant's leadership in an organized gang; or
7        (6) When a defendant is convicted of an offense
8    committed while using a firearm with a laser sight attached
9    to it. For purposes of this paragraph, "laser sight" has
10    the meaning ascribed to it in Section 24.6-5 of the
11    Criminal Code of 1961; or
12        (7) When a defendant who was at least 17 years of age
13    at the time of the commission of the offense is convicted
14    of a felony and has been previously adjudicated a
15    delinquent minor under the Juvenile Court Act of 1987 for
16    an act that if committed by an adult would be a Class X or
17    Class 1 felony when the conviction has occurred within 10
18    years after the previous adjudication, excluding time
19    spent in custody; or
20        (8) When a defendant commits any felony and the
21    defendant used, possessed, exercised control over, or
22    otherwise directed an animal to assault a law enforcement
23    officer engaged in the execution of his or her official
24    duties or in furtherance of the criminal activities of an
25    organized gang in which the defendant is engaged.
26    (c) The following factors may be considered by the court as

 

 

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1reasons to impose an extended term sentence under Section 5-8-2
2(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
3        (1) When a defendant is convicted of first degree
4    murder, after having been previously convicted in Illinois
5    of any offense listed under paragraph (c)(2) of Section
6    5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
7    within 10 years after the previous conviction, excluding
8    time spent in custody, and the charges are separately
9    brought and tried and arise out of different series of
10    acts.
11        (1.5) When a defendant is convicted of first degree
12    murder, after having been previously convicted of domestic
13    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
14    (720 ILCS 5/12-3.3) committed on the same victim or after
15    having been previously convicted of violation of an order
16    of protection (720 ILCS 5/12-30) in which the same victim
17    was the protected person.
18        (2) When a defendant is convicted of voluntary
19    manslaughter, second degree murder, involuntary
20    manslaughter, or reckless homicide in which the defendant
21    has been convicted of causing the death of more than one
22    individual.
23        (3) When a defendant is convicted of aggravated
24    criminal sexual assault or criminal sexual assault, when
25    there is a finding that aggravated criminal sexual assault
26    or criminal sexual assault was also committed on the same

 

 

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1    victim by one or more other individuals, and the defendant
2    voluntarily participated in the crime with the knowledge of
3    the participation of the others in the crime, and the
4    commission of the crime was part of a single course of
5    conduct during which there was no substantial change in the
6    nature of the criminal objective.
7        (4) If the victim was under 18 years of age at the time
8    of the commission of the offense, when a defendant is
9    convicted of aggravated criminal sexual assault or
10    predatory criminal sexual assault of a child under
11    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
12    of Section 12-14.1 of the Criminal Code of 1961 (720 ILCS
13    5/11-1.40 or 5/12-14.1).
14        (5) When a defendant is convicted of a felony violation
15    of Section 24-1 of the Criminal Code of 1961 (720 ILCS
16    5/24-1) and there is a finding that the defendant is a
17    member of an organized gang.
18        (6) When a defendant was convicted of unlawful use of
19    weapons under Section 24-1 of the Criminal Code of 1961
20    (720 ILCS 5/24-1) for possessing a weapon that is not
21    readily distinguishable as one of the weapons enumerated in
22    Section 24-1 of the Criminal Code of 1961 (720 ILCS
23    5/24-1).
24        (7) When a defendant is convicted of an offense
25    involving the illegal manufacture of a controlled
26    substance under Section 401 of the Illinois Controlled

 

 

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1    Substances Act (720 ILCS 570/401), the illegal manufacture
2    of methamphetamine under Section 25 of the Methamphetamine
3    Control and Community Protection Act (720 ILCS 646/25), or
4    the illegal possession of explosives and an emergency
5    response officer in the performance of his or her duties is
6    killed or injured at the scene of the offense while
7    responding to the emergency caused by the commission of the
8    offense. In this paragraph, "emergency" means a situation
9    in which a person's life, health, or safety is in jeopardy;
10    and "emergency response officer" means a peace officer,
11    community policing volunteer, fireman, emergency medical
12    technician-ambulance, emergency medical
13    technician-intermediate, emergency medical
14    technician-paramedic, ambulance driver, other medical
15    assistance or first aid personnel, or hospital emergency
16    room personnel.
17    (d) For the purposes of this Section, "organized gang" has
18the meaning ascribed to it in Section 10 of the Illinois
19Streetgang Terrorism Omnibus Prevention Act.
20    (e) The court may impose an extended term sentence under
21Article 4.5 of Chapter V upon an offender who has been
22convicted of a felony violation of Section 12-13, 12-14,
2312-14.1, 12-15, or 12-16 of the Criminal Code of 1961 when the
24victim of the offense is under 18 years of age at the time of
25the commission of the offense and, during the commission of the
26offense, the victim was under the influence of alcohol,

 

 

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1regardless of whether or not the alcohol was supplied by the
2offender; and the offender, at the time of the commission of
3the offense, knew or should have known that the victim had
4consumed alcohol.
5(Source: P.A. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328,
6eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10;
796-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff.
81-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11; 96-1551,
9Article 2, Section 1065, eff. 7-1-11; 97-38, eff. 6-28-11,
1097-227, eff. 1-1-12; 97-333, eff. 8-12-11; revised 9-14-11.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.