Rep. Litesa E. Wallace

Filed: 4/19/2017





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2    AMENDMENT NO. ______. Amend House Bill 3711, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Criminal Code of 2012 is amended by
6changing 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
10actual or perceived race, color, creed, religion, ancestry,
11gender, sexual orientation, physical or mental disability, or
12national origin of another individual or group of individuals,
13regardless of the existence of any other motivating factor or
14factors, he or she commits assault, battery, aggravated
15assault, intimidation, stalking, cyberstalking, misdemeanor
16theft, criminal trespass to residence, misdemeanor criminal



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1damage to property, criminal trespass to vehicle, criminal
2trespass to real property, mob action, disorderly conduct,
3transmission of obscene messages, harassment by telephone, or
4harassment through electronic communications as these crimes
5are defined in Sections 12-1, 12-2, 12-3(a), 12-7.3, 12-7.5,
616-1, 19-4, 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-1, 26.5-2,
7paragraphs (a)(1), (a)(2), and (a)(3) of Section 12-6, and
8paragraphs (a)(2) and (a)(5) of Section 26.5-3 of this Code,
10    (b) Except as provided in subsection (b-5), hate crime is a
11Class 4 felony for a first offense and a Class 2 felony for a
12second or subsequent offense.
13    (b-5) Hate crime is a Class 3 felony for a first offense
14and a Class 2 felony for a second or subsequent offense if
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
8shall also either order restitution paid to the victim or
9impose a fine up to $1,000. In addition, any order of probation
10or conditional discharge entered following a conviction or an
11adjudication of delinquency shall include a condition that the
12offender perform public or community service of no less than
13200 hours if that service is established in the county where
14the offender was convicted of hate crime. In addition, any
15order of probation or conditional discharge entered following a
16conviction or an adjudication of delinquency shall include a
17condition that the offender enroll in an educational program
18discouraging hate crimes if the offender caused criminal damage
19to property consisting of religious fixtures, objects, or
20decorations. The educational program may be administered, as
21determined by the court, by a university, college, community
22college, non-profit organization, or the Holocaust and
23Genocide Commission. Nothing in this subsection (b-10)
24prohibits courses discouraging hate crimes from being made
25available online. The court may also impose any other condition
26of probation or conditional discharge under this Section.



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1    (c) Independent of any criminal prosecution or the result
2of a criminal prosecution thereof, any person suffering injury
3to his or her person, or damage to his or her property,
4intimidation as defined in paragraphs (a)(1), (a)(2), and
5(a)(3) of Section 12-6 of this Code, stalking as defined in
6Section 12-7.3 of this Code, cyberstalking as defined in
7Section 12-7.5 of this Code, disorderly conduct as defined in
8paragraph (a)(1) of Section 26-1 of this Code, transmission of
9obscene messages as defined in Section 26.5-1 of this Code,
10harassment by telephone as defined in Section 26.5-2 of this
11Code, or harassment through electronic communications as
12defined in paragraphs (a)(2) and (a)(5) of Section 26.5-3 of
13this Code as a result of hate crime may bring a civil action
14for damages, injunction or other appropriate relief. The court
15may award actual damages, including damages for emotional
16distress, or punitive damages. The court may impose a civil
17penalty up to $25,000 for each violation of this subsection
18(c). A judgment may include attorney's fees and costs. After
19consulting with the local State's Attorney, the Attorney
20General may bring a civil action in the name of the People of
21the State for an injunction or other equitable relief under
22this subsection (c). In addition, the Attorney General may
23request and the court may impose a civil penalty up to $25,000
24for each violation under this subsection (c). The parents or
25legal guardians, other than guardians appointed pursuant to the
26Juvenile Court Act or the Juvenile Court Act of 1987, of an



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1unemancipated minor shall be liable for the amount of any
2judgment for actual damages rendered against such minor under
3this subsection (c) in any amount not exceeding the amount
4provided under Section 5 of the Parental Responsibility Law.
5    (d) "Sexual orientation" has the meaning ascribed to it in
6paragraph (O-1) of Section 1-103 of the Illinois Human Rights
8(Source: P.A. 99-77, eff. 1-1-16.)".