Full Text of HB3711 100th General Assembly
HB3711ham002 100TH GENERAL ASSEMBLY | Rep. Litesa E. Wallace Filed: 4/19/2017
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| 1 | | AMENDMENT TO HOUSE BILL 3711
| 2 | | AMENDMENT NO. ______. Amend House Bill 3711, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Criminal Code of 2012 is amended by | 6 | | changing Section 12-7.1 as follows:
| 7 | | (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
| 8 | | Sec. 12-7.1. Hate crime.
| 9 | | (a) A person commits hate crime when, by reason of the | 10 | | actual or
perceived race, color, creed, religion, ancestry, | 11 | | gender, sexual orientation,
physical or mental disability, or | 12 | | national origin of another individual or
group of individuals, | 13 | | regardless of the existence of any other motivating
factor or | 14 | | factors, he or she commits assault, battery, aggravated | 15 | | assault, intimidation, stalking, cyberstalking, misdemeanor
| 16 | | theft, criminal trespass to residence, misdemeanor criminal |
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| 1 | | damage
to property, criminal trespass to vehicle, criminal | 2 | | trespass to real property,
mob action, disorderly conduct, | 3 | | transmission of obscene messages, harassment by telephone, or | 4 | | harassment through electronic
communications as these crimes | 5 | | are defined in Sections 12-1,
12-2, 12-3(a), 12-7.3, 12-7.5, | 6 | | 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-1, 26.5-2, | 7 | | paragraphs (a)(1), (a)(2), and (a)(3) of Section 12-6, and | 8 | | paragraphs (a)(2) and (a)(5) of Section 26.5-3 of this Code,
| 9 | | respectively.
| 10 | | (b) Except as provided in subsection (b-5), hate crime is a | 11 | | Class 4
felony for a first offense and a Class 2 felony for a | 12 | | second or subsequent
offense.
| 13 | | (b-5) Hate crime is a Class 3 felony for a first offense | 14 | | and a Class 2
felony for a second or subsequent offense if | 15 | | committed:
| 16 | | (1) in a church, synagogue, mosque, or other building, | 17 | | structure, or place
used for religious worship or other | 18 | | religious purpose;
| 19 | | (2) in a cemetery, mortuary, or other facility used for | 20 | | the purpose of
burial or memorializing the dead;
| 21 | | (3) in a school or other educational facility, | 22 | | including an administrative facility or public or private | 23 | | dormitory facility of or associated with the school or | 24 | | other educational facility;
| 25 | | (4) in a public park or an ethnic or religious | 26 | | community center;
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| 1 | | (5) on the real property comprising any location | 2 | | specified in
clauses (1) through (4) of this subsection | 3 | | (b-5); or
| 4 | | (6) on a public way within 1,000 feet of the real | 5 | | property comprising any
location specified in clauses (1) | 6 | | through (4) of this subsection (b-5).
| 7 | | (b-10) Upon imposition of any sentence,
the trial
court | 8 | | shall also either order restitution paid to the victim
or | 9 | | impose a fine up to $1,000. In addition, any order of probation | 10 | | or
conditional discharge entered following a conviction or an | 11 | | adjudication of
delinquency shall include a condition that the | 12 | | offender perform public or
community service of no less than | 13 | | 200 hours if that service is established in
the county where | 14 | | the offender was convicted of hate crime. In addition, any | 15 | | order of probation or
conditional discharge entered following a | 16 | | conviction or an adjudication of
delinquency shall include a | 17 | | condition that the offender enroll in an educational program | 18 | | discouraging hate crimes if the offender caused criminal damage
| 19 | | to property consisting of religious fixtures, objects, or | 20 | | decorations. The educational program may be administered, as | 21 | | determined by the court, by a university, college, community | 22 | | college, non-profit organization, or the Holocaust and | 23 | | Genocide Commission. Nothing in this subsection (b-10) | 24 | | prohibits courses discouraging hate crimes from being made | 25 | | available online. The court may also
impose any other condition | 26 | | of probation or conditional discharge under this
Section.
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| 1 | | (c) Independent of any criminal prosecution or the result
| 2 | | of a criminal prosecution thereof , any
person suffering injury | 3 | | to his or her person , or damage to his or her property , | 4 | | intimidation as defined in paragraphs (a)(1), (a)(2), and | 5 | | (a)(3) of Section 12-6 of this Code, stalking as defined in | 6 | | Section 12-7.3 of this Code, cyberstalking as defined in | 7 | | Section 12-7.5 of this Code, disorderly conduct as defined in | 8 | | paragraph (a)(1) of Section 26-1 of this Code, transmission of | 9 | | obscene messages as defined in Section 26.5-1 of this Code, | 10 | | harassment by telephone as defined in Section 26.5-2 of this | 11 | | Code, or harassment through electronic communications as | 12 | | defined in paragraphs (a)(2) and (a)(5) of Section 26.5-3 of | 13 | | this Code as a result
of hate crime may bring a civil action | 14 | | for damages, injunction
or other appropriate relief. The court | 15 | | may award actual damages, including
damages for emotional | 16 | | distress, or punitive damages. The court may impose a civil | 17 | | penalty up to $25,000 for each violation of this subsection | 18 | | (c). A judgment may include
attorney's fees and costs. After | 19 | | consulting with the local State's Attorney, the Attorney | 20 | | General may bring a civil action in the name of the People of | 21 | | the State for an injunction or other equitable relief under | 22 | | this subsection (c). In addition, the Attorney General may | 23 | | request and the court may impose a civil penalty up to $25,000 | 24 | | for each violation under this subsection (c). The parents or | 25 | | legal guardians, other than
guardians appointed pursuant to the | 26 | | Juvenile Court Act or the Juvenile
Court Act of 1987, of an |
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| 1 | | unemancipated minor shall be liable for the amount
of any | 2 | | judgment for actual damages rendered against such minor under | 3 | | this
subsection (c) in any amount not exceeding the amount | 4 | | provided under
Section 5 of the Parental Responsibility Law.
| 5 | | (d) "Sexual orientation" has the meaning ascribed to it in | 6 | | paragraph (O-1) of Section 1-103 of the Illinois Human Rights | 7 | | Act.
| 8 | | (Source: P.A. 99-77, eff. 1-1-16 .)".
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