Illinois General Assembly - Full Text of HB3715
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Full Text of HB3715  102nd General Assembly

HB3715 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3715

 

Introduced 2/22/2021, by Rep. Andrew S. Chesney

 

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

    Amends the Criminal Code of 2012. Provides that it is also a hate crime by reason of the actual or perceived employment as a peace officer or status as a retired peace officer, regardless of the existence of any other motivating factor or factors to commit 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.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 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 or status as a retired peace officer, regardless of
14the existence of any other motivating factor or factors, he or
15she commits assault, battery, aggravated assault,
16intimidation, stalking, cyberstalking, misdemeanor theft,
17criminal trespass to residence, misdemeanor criminal damage to
18property, criminal trespass to vehicle, criminal trespass to
19real property, mob action, disorderly conduct, transmission of
20obscene messages, harassment by telephone, or harassment
21through electronic communications as these crimes are defined
22in Sections 12-1, 12-2, 12-3(a), 12-7.3, 12-7.5, 16-1, 19-4,
2321-1, 21-2, 21-3, 25-1, 26-1, 26.5-1, 26.5-2, paragraphs

 

 

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

 

 

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1    through (4) of this subsection (b-5).
2    (b-10) Upon imposition of any sentence, the trial court
3shall also either order restitution paid to the victim or
4impose a fine in an amount to be determined by the court based
5on the severity of the crime and the injury or damages suffered
6by the victim. In addition, any order of probation or
7conditional discharge entered following a conviction or an
8adjudication of delinquency shall include a condition that the
9offender perform public or community service of no less than
10200 hours if that service is established in the county where
11the offender was convicted of hate crime. In addition, any
12order of probation or conditional discharge entered following
13a conviction or an adjudication of delinquency shall include a
14condition that the offender enroll in an educational program
15discouraging hate crimes involving the protected class
16identified in subsection (a) that gave rise to the offense the
17offender committed. The educational program must be attended
18by the offender in-person and may be administered, as
19determined by the court, by a university, college, community
20college, non-profit organization, the Illinois Holocaust and
21Genocide Commission, or any other organization that provides
22educational programs discouraging hate crimes, except that
23programs administered online or that can otherwise be attended
24remotely are prohibited. The court may also impose any other
25condition of probation or conditional discharge under this
26Section. If the court sentences the offender to imprisonment

 

 

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1or periodic imprisonment for a violation of this Section, as a
2condition of the offender's mandatory supervised release, the
3court shall require that the offender perform public or
4community service of no less than 200 hours and enroll in an
5educational program discouraging hate crimes involving the
6protected class identified in subsection (a) that gave rise to
7the offense the offender committed.
8    (c) Independent of any criminal prosecution or the result
9of a criminal prosecution, any person suffering injury to his
10or her person, damage to his or her property, intimidation as
11defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section
1212-6 of this Code, stalking as defined in Section 12-7.3 of
13this Code, cyberstalking as defined in Section 12-7.5 of this
14Code, disorderly conduct as defined in paragraph (a)(1) of
15Section 26-1 of this Code, transmission of obscene messages as
16defined in Section 26.5-1 of this Code, harassment by
17telephone as defined in Section 26.5-2 of this Code, or
18harassment through electronic communications as defined in
19paragraphs (a)(2) and (a)(5) of Section 26.5-3 of this Code as
20a result of a hate crime may bring a civil action for damages,
21injunction or other appropriate relief. The court may award
22actual damages, including damages for emotional distress, as
23well as punitive damages. The court may impose a civil penalty
24up to $25,000 for each violation of this subsection (c). A
25judgment in favor of a person who brings a civil action under
26this subsection (c) shall include attorney's fees and costs.

 

 

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1After consulting with the local State's Attorney, the Attorney
2General may bring a civil action in the name of the People of
3the State for an injunction or other equitable relief under
4this subsection (c). In addition, the Attorney General may
5request and the court may impose a civil penalty up to $25,000
6for each violation under this subsection (c). The parents or
7legal guardians, other than guardians appointed pursuant to
8the Juvenile Court Act or the Juvenile Court Act of 1987, of an
9unemancipated minor shall be liable for the amount of any
10judgment for all damages rendered against such minor under
11this subsection (c) in any amount not exceeding the amount
12provided under Section 5 of the Parental Responsibility Law.
13    (d) "Sexual orientation" has the meaning ascribed to it in
14paragraph (O-1) of Section 1-103 of the Illinois Human Rights
15Act.
16(Source: P.A. 99-77, eff. 1-1-16; 100-197, eff. 1-1-18;
17100-260, eff. 1-1-18; 100-863, eff. 8-14-18.)