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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||||||||||||||||||||||
5 | Section 12-7.1 as follows:
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6 | (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
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7 | Sec. 12-7.1. Hate crime.
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8 | (a) A person commits hate crime when, by reason of the | ||||||||||||||||||||||||||
9 | actual or
perceived race, color, creed, religion, ancestry, | ||||||||||||||||||||||||||
10 | gender, sexual orientation,
physical or mental disability, or | ||||||||||||||||||||||||||
11 | national origin of another individual or
group of individuals, | ||||||||||||||||||||||||||
12 | regardless of the existence of any other motivating
factor or | ||||||||||||||||||||||||||
13 | factors, he commits assault, battery, aggravated assault, | ||||||||||||||||||||||||||
14 | misdemeanor
theft, criminal trespass to residence, misdemeanor | ||||||||||||||||||||||||||
15 | criminal damage
to property, criminal trespass to vehicle, | ||||||||||||||||||||||||||
16 | criminal trespass to real property,
mob action or disorderly | ||||||||||||||||||||||||||
17 | conduct as these crimes are defined in Sections 12-1,
12-2, | ||||||||||||||||||||||||||
18 | 12-3, 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, and 26-1 of this | ||||||||||||||||||||||||||
19 | Code,
respectively, or harassment by telephone as defined in | ||||||||||||||||||||||||||
20 | Section 1-1 of the
Harassing and Obscene Communications Act, or | ||||||||||||||||||||||||||
21 | harassment through electronic
communications as defined in | ||||||||||||||||||||||||||
22 | clause (a)(4) of Section 1-2 of the Harassing and
Obscene | ||||||||||||||||||||||||||
23 | Communications Act.
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24 | (b) Except as provided in subsection (b-5), hate crime is a | ||||||||||||||||||||||||||
25 | Class 4
felony for a first offense and a Class 2 felony for a | ||||||||||||||||||||||||||
26 | second or subsequent
offense.
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27 | (b-5) Hate crime is a Class 3 felony for a first offense | ||||||||||||||||||||||||||
28 | and a Class 2
felony for a second or subsequent offense if | ||||||||||||||||||||||||||
29 | committed:
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30 | (1) in a church, synagogue, mosque, or other building, | ||||||||||||||||||||||||||
31 | structure, or place
used for religious worship or other | ||||||||||||||||||||||||||
32 | religious purpose;
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1 | (2) in a cemetery, mortuary, or other facility used for | ||||||
2 | the purpose of
burial or memorializing the dead;
| ||||||
3 | (3) in a school or other educational facility;
| ||||||
4 | (4) in a public park or an ethnic or religious | ||||||
5 | community center;
| ||||||
6 | (5) on the real property comprising any location | ||||||
7 | specified in
clauses (1) through (4) of this subsection | ||||||
8 | (b-5); or
| ||||||
9 | (6) on a public way within 1,000 feet of the real | ||||||
10 | property comprising any
location specified in clauses (1) | ||||||
11 | through (4) of this subsection (b-5).
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12 | (b-10) Upon imposition of any sentence,
the trial
court | ||||||
13 | shall also either order restitution paid to the victim
or | ||||||
14 | impose a fine up to $1,000. In addition, any order of probation | ||||||
15 | or
conditional discharge entered following a conviction or an | ||||||
16 | adjudication of
delinquency shall include a condition that the | ||||||
17 | offender perform public or
community service of no less than | ||||||
18 | 200 hours if that service is established in
the county where | ||||||
19 | the offender was convicted of hate crime. The court may also
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20 | impose any other condition of probation or conditional | ||||||
21 | discharge under this
Section.
| ||||||
22 | (c) Independent of any criminal prosecution or the result
| ||||||
23 | thereof, any
person suffering injury to his person or damage to | ||||||
24 | his property as a result
of hate crime may bring a civil action | ||||||
25 | for damages, injunction
or other appropriate relief. The court | ||||||
26 | may award actual damages, including
damages for emotional | ||||||
27 | distress, or punitive damages. A judgment may include
| ||||||
28 | attorney's fees and costs. The parents or legal guardians, | ||||||
29 | other than
guardians appointed pursuant to the Juvenile Court | ||||||
30 | Act or the Juvenile
Court Act of 1987, of an unemancipated | ||||||
31 | minor shall be liable for the amount
of any judgment for actual | ||||||
32 | damages rendered against such minor under this
subsection (c) | ||||||
33 | in any amount not exceeding the amount provided under
Section 5 | ||||||
34 | of the Parental Responsibility Law.
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35 | (d) "Sexual orientation" means heterosexuality, | ||||||
36 | homosexuality,
or bisexuality , or transgender status .
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1 | (Source: P.A. 92-830, eff. 1-1-03; 93-463, eff. 8-8-03.)
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2 | Section 10. The Unified Code of Corrections is amended by | ||||||
3 | changing Section 5-5-3.2 as follows:
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4 | (730 ILCS 5/5-5-3.2) (from Ch. 38, par. 1005-5-3.2)
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5 | Sec. 5-5-3.2. Factors in Aggravation.
| ||||||
6 | (a) The following factors shall be accorded weight in favor | ||||||
7 | of
imposing a term of imprisonment or may be considered by the | ||||||
8 | court as reasons
to impose a more severe sentence under Section | ||||||
9 | 5-8-1:
| ||||||
10 | (1) the defendant's conduct caused or threatened | ||||||
11 | serious harm;
| ||||||
12 | (2) the defendant received compensation for committing | ||||||
13 | the offense;
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14 | (3) the defendant has a history of prior delinquency or | ||||||
15 | criminal activity;
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16 | (4) the defendant, by the duties of his office or by | ||||||
17 | his position,
was obliged to prevent the particular offense | ||||||
18 | committed or to bring
the offenders committing it to | ||||||
19 | justice;
| ||||||
20 | (5) the defendant held public office at the time of the | ||||||
21 | offense,
and the offense related to the conduct of that | ||||||
22 | office;
| ||||||
23 | (6) the defendant utilized his professional reputation | ||||||
24 | or
position in the community to commit the offense, or to | ||||||
25 | afford
him an easier means of committing it;
| ||||||
26 | (7) the sentence is necessary to deter others from | ||||||
27 | committing
the same crime;
| ||||||
28 | (8) the defendant committed the offense against a | ||||||
29 | person 60 years of age
or older or such person's property;
| ||||||
30 | (9) the defendant committed the offense against a | ||||||
31 | person who is
physically handicapped or such person's | ||||||
32 | property;
| ||||||
33 | (10) by reason of another individual's actual or | ||||||
34 | perceived race, color,
creed, religion, ancestry, gender, |
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1 | sexual orientation, physical or mental
disability, or | ||||||
2 | national origin, the defendant committed the offense | ||||||
3 | against (i)
the person or property
of that individual; (ii) | ||||||
4 | the person or property of a person who has an
association | ||||||
5 | with, is married to, or has a friendship with the other | ||||||
6 | individual;
or (iii) the person or property of a relative | ||||||
7 | (by blood or marriage) of a
person described in clause (i) | ||||||
8 | or (ii). For the purposes of this Section,
"sexual | ||||||
9 | orientation" means heterosexuality, homosexuality, or
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10 | bisexuality , or transgender status ;
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11 | (11) the offense took place in a place of worship or on | ||||||
12 | the
grounds of a place of worship, immediately prior to, | ||||||
13 | during or immediately
following worship services. For | ||||||
14 | purposes of this subparagraph, "place of
worship" shall | ||||||
15 | mean any church, synagogue or other building, structure or
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16 | place used primarily for religious worship;
| ||||||
17 | (12) the defendant was convicted of a felony committed | ||||||
18 | while he was
released on bail or his own recognizance | ||||||
19 | pending trial for a prior felony
and was convicted of such | ||||||
20 | prior felony, or the defendant was convicted of a
felony | ||||||
21 | committed while he was serving a period of probation,
| ||||||
22 | conditional discharge, or mandatory supervised release | ||||||
23 | under subsection (d)
of Section 5-8-1
for a prior felony;
| ||||||
24 | (13) the defendant committed or attempted to commit a | ||||||
25 | felony while he
was wearing a bulletproof vest. For the | ||||||
26 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
27 | device which is designed for the purpose of
protecting the | ||||||
28 | wearer from bullets, shot or other lethal projectiles;
| ||||||
29 | (14) the defendant held a position of trust or | ||||||
30 | supervision such as, but
not limited to, family member as | ||||||
31 | defined in Section 12-12 of the Criminal Code
of 1961, | ||||||
32 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
33 | relation to a victim under 18 years of age, and the | ||||||
34 | defendant committed an
offense in violation of Section | ||||||
35 | 11-6, 11-11, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 12-13, | ||||||
36 | 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
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1 | against
that victim;
| ||||||
2 | (15) the defendant committed an offense related to the | ||||||
3 | activities of an
organized gang. For the purposes of this | ||||||
4 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
5 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
6 | Act;
| ||||||
7 | (16) the defendant committed an offense in violation of | ||||||
8 | one of the
following Sections while in a school, regardless | ||||||
9 | of the time of day or time of
year; on any conveyance | ||||||
10 | owned, leased, or contracted by a school to transport
| ||||||
11 | students to or from school or a school related activity; on | ||||||
12 | the real property
of a school; or on a public way within | ||||||
13 | 1,000 feet of the real property
comprising any school: | ||||||
14 | Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
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15 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
16 | 12-6, 12-6.1, 12-13,
12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||||||
17 | 33A-2 of the Criminal Code of
1961;
| ||||||
18 | (16.5) the defendant committed an offense in violation | ||||||
19 | of one of the
following Sections while in a day care | ||||||
20 | center, regardless of the time of day or
time of year; on | ||||||
21 | the real property of a day care center, regardless of the | ||||||
22 | time
of day or time of year; or on a public
way within | ||||||
23 | 1,000 feet of the real property comprising any day care | ||||||
24 | center,
regardless of the time of day or time of year:
| ||||||
25 | Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1, | ||||||
26 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
27 | 12-6,
12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or | ||||||
28 | 33A-2 of the Criminal
Code of 1961;
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29 | (17) the defendant committed the offense by reason of | ||||||
30 | any person's
activity as a community policing volunteer or | ||||||
31 | to prevent any person from
engaging in activity as a | ||||||
32 | community policing volunteer. For the purpose of
this | ||||||
33 | Section, "community policing volunteer" has the meaning | ||||||
34 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
35 | 1961;
| ||||||
36 | (18) the defendant committed the offense in a nursing |
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1 | home or on the
real
property comprising a nursing home. For | ||||||
2 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
3 | skilled nursing
or intermediate long term care facility | ||||||
4 | that is subject to license by the
Illinois Department of | ||||||
5 | Public Health under the Nursing Home Care
Act; or
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6 | (19) the defendant was a federally licensed firearm | ||||||
7 | dealer
and
was
previously convicted of a violation of | ||||||
8 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
9 | Identification Card Act and has now committed either a | ||||||
10 | felony
violation
of the Firearm Owners Identification Card | ||||||
11 | Act or an act of armed violence while
armed
with a firearm.
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12 | For the purposes of this Section:
| ||||||
13 | "School" is defined as a public or private
elementary or | ||||||
14 | secondary school, community college, college, or university.
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15 | "Day care center" means a public or private State certified | ||||||
16 | and
licensed day care center as defined in Section 2.09 of the | ||||||
17 | Child Care Act of
1969 that displays a sign in plain view | ||||||
18 | stating that the
property is a day care center.
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19 | (b) The following factors may be considered by the court as
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20 | reasons to impose an extended term sentence under Section 5-8-2
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21 | upon any offender:
| ||||||
22 | (1) When a defendant is convicted of any felony, after | ||||||
23 | having
been previously convicted in Illinois or any other | ||||||
24 | jurisdiction of the
same or similar class felony or greater | ||||||
25 | class felony, when such conviction
has occurred within 10 | ||||||
26 | years after the
previous conviction, excluding time spent | ||||||
27 | in custody, and such charges are
separately brought and | ||||||
28 | tried and arise out of different series of acts; or
| ||||||
29 | (2) When a defendant is convicted of any felony and the | ||||||
30 | court
finds that the offense was accompanied by | ||||||
31 | exceptionally brutal
or heinous behavior indicative of | ||||||
32 | wanton cruelty; or
| ||||||
33 | (3) When a defendant is convicted of voluntary | ||||||
34 | manslaughter, second
degree murder, involuntary | ||||||
35 | manslaughter or reckless homicide in which the
defendant | ||||||
36 | has been convicted of causing the death of more than one |
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1 | individual; or
| ||||||
2 | (4) When a defendant is convicted of any felony | ||||||
3 | committed against:
| ||||||
4 | (i) a person under 12 years of age at the time of | ||||||
5 | the offense or such
person's property;
| ||||||
6 | (ii) a person 60 years of age or older at the time | ||||||
7 | of the offense or
such person's property; or
| ||||||
8 | (iii) a person physically handicapped at the time | ||||||
9 | of the offense or
such person's property; or
| ||||||
10 | (5) In the case of a defendant convicted of aggravated | ||||||
11 | criminal sexual
assault or criminal sexual assault, when | ||||||
12 | the court finds that
aggravated criminal sexual assault or | ||||||
13 | criminal sexual assault
was also committed on the same | ||||||
14 | victim by one or more other individuals,
and the defendant | ||||||
15 | voluntarily participated in the crime with the knowledge
of | ||||||
16 | the participation of the others in the crime, and the | ||||||
17 | commission of the
crime was part of a single course of | ||||||
18 | conduct during which there was no
substantial change in the | ||||||
19 | nature of the criminal objective; or
| ||||||
20 | (6) When a defendant is convicted of any felony and the | ||||||
21 | offense
involved any of the following types of specific | ||||||
22 | misconduct committed as
part of a ceremony, rite, | ||||||
23 | initiation, observance, performance, practice or
activity | ||||||
24 | of any actual or ostensible religious, fraternal, or social | ||||||
25 | group:
| ||||||
26 | (i) the brutalizing or torturing of humans or | ||||||
27 | animals;
| ||||||
28 | (ii) the theft of human corpses;
| ||||||
29 | (iii) the kidnapping of humans;
| ||||||
30 | (iv) the desecration of any cemetery, religious, | ||||||
31 | fraternal, business,
governmental, educational, or | ||||||
32 | other building or property; or
| ||||||
33 | (v) ritualized abuse of a child; or
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34 | (7) When a defendant is convicted of first degree | ||||||
35 | murder, after having
been previously convicted in Illinois | ||||||
36 | of any offense listed under paragraph
(c)(2) of Section |
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1 | 5-5-3, when such conviction has occurred within 10 years
| ||||||
2 | after the previous conviction, excluding time spent in | ||||||
3 | custody,
and such charges are separately brought and tried | ||||||
4 | and arise out of
different series of acts; or
| ||||||
5 | (8) When a defendant is convicted of a felony other | ||||||
6 | than conspiracy and
the court finds that
the felony was | ||||||
7 | committed under an agreement with 2 or more other persons
| ||||||
8 | to commit that offense and the defendant, with respect to | ||||||
9 | the other
individuals, occupied a position of organizer, | ||||||
10 | supervisor, financier, or any
other position of management | ||||||
11 | or leadership, and the court further finds that
the felony | ||||||
12 | committed was related to or in furtherance of the criminal
| ||||||
13 | activities of an organized gang or was motivated by the | ||||||
14 | defendant's leadership
in an organized gang; or
| ||||||
15 | (9) When a defendant is convicted of a felony violation | ||||||
16 | of Section 24-1
of the Criminal Code of 1961 and the court | ||||||
17 | finds that the defendant is a member
of an organized gang; | ||||||
18 | or
| ||||||
19 | (10) When a defendant committed the offense using a | ||||||
20 | firearm with a
laser sight attached to it. For purposes of | ||||||
21 | this paragraph (10), "laser sight"
has the meaning ascribed | ||||||
22 | to it in Section 24.6-5 of the Criminal Code of
1961; or
| ||||||
23 | (11) When a defendant who was at least 17 years of age | ||||||
24 | at the
time of
the commission of the offense is convicted | ||||||
25 | of a felony and has been previously
adjudicated a | ||||||
26 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
27 | an act
that if committed by an adult would be a Class X or | ||||||
28 | Class 1 felony when the
conviction has occurred within 10 | ||||||
29 | years after the previous adjudication,
excluding time | ||||||
30 | spent in custody; or
| ||||||
31 | (12) When a defendant commits an offense involving the | ||||||
32 | illegal
manufacture of a controlled substance under | ||||||
33 | Section 401 of the Illinois
Controlled Substances Act or | ||||||
34 | the illegal possession of explosives and an
emergency | ||||||
35 | response
officer in
the performance of his or her duties is
| ||||||
36 | killed or injured at the scene of the offense while |
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1 | responding to the
emergency caused by the commission of the | ||||||
2 | offense.
In this paragraph (12),
"emergency" means a | ||||||
3 | situation in which a person's life, health, or safety is
in | ||||||
4 | jeopardy; and
"emergency response officer" means a peace | ||||||
5 | officer, community policing
volunteer, fireman, emergency | ||||||
6 | medical
technician-ambulance, emergency medical | ||||||
7 | technician-intermediate, emergency
medical | ||||||
8 | technician-paramedic, ambulance
driver, other medical | ||||||
9 | assistance or first aid personnel, or hospital emergency
| ||||||
10 | room personnel.
| ||||||
11 | (b-1) For the purposes of this Section, "organized gang" | ||||||
12 | has the meaning
ascribed to it in Section 10 of the Illinois | ||||||
13 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
14 | (c) The court may impose an extended term sentence under | ||||||
15 | Section 5-8-2
upon any offender who was convicted of aggravated | ||||||
16 | criminal sexual assault
or predatory criminal sexual assault of | ||||||
17 | a child under subsection (a)(1) of
Section 12-14.1 of
the | ||||||
18 | Criminal Code of 1961
where the victim was under 18 years of | ||||||
19 | age at the time of the commission
of the offense.
| ||||||
20 | (d) The court may impose an extended term sentence under | ||||||
21 | Section 5-8-2 upon
any offender who was convicted of unlawful | ||||||
22 | use of weapons under Section 24-1 of
the Criminal Code of 1961 | ||||||
23 | for possessing a weapon that is not readily
distinguishable as | ||||||
24 | one of the weapons enumerated in Section 24-1 of the
Criminal | ||||||
25 | Code of 1961.
| ||||||
26 | (Source: P.A. 91-119, eff. 1-1-00; 91-120, eff. 7-15-99; | ||||||
27 | 91-252, eff. 1-1-00;
91-267, eff. 1-1-00; 91-268, eff. 1-1-00; | ||||||
28 | 91-357, eff. 7-29-99; 91-437, eff.
1-1-00; 91-696, eff. | ||||||
29 | 4-13-00; 92-266, eff. 1-1-02.)
|