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Full Text of SB2345  101st General Assembly

SB2345 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2345

 

Introduced 1/15/2020, by Sen. Iris Y. Martinez

 

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

    Amends the Criminal Code of 2012. Includes as a hate crime, the commission of the specified criminal acts against a person because of the actual or perceived citizenship or immigration status of the person. Effective immediately.


LRB101 16172 RLC 65542 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2345LRB101 16172 RLC 65542 b

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 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, sexual orientation, physical or mental disability,
11citizenship, immigration status, or national origin of another
12individual or group of individuals, regardless of the existence
13of any other motivating factor or factors, he or she commits
14assault, battery, aggravated assault, intimidation, stalking,
15cyberstalking, misdemeanor theft, criminal trespass to
16residence, misdemeanor criminal damage to property, criminal
17trespass to vehicle, criminal trespass to real property, mob
18action, disorderly conduct, transmission of obscene messages,
19harassment by telephone, or harassment through electronic
20communications as these crimes are defined in Sections 12-1,
2112-2, 12-3(a), 12-7.3, 12-7.5, 16-1, 19-4, 21-1, 21-2, 21-3,
2225-1, 26-1, 26.5-1, 26.5-2, paragraphs (a)(1), (a)(2), and
23(a)(3) of Section 12-6, and paragraphs (a)(2) and (a)(5) of

 

 

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1Section 26.5-3 of this Code, respectively.
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, or upon the exterior or grounds of, a church,
9    synagogue, mosque, or other building, structure, or place
10    identified or associated with a particular religion or used
11    for religious worship or other religious purpose;
12        (2) in a cemetery, mortuary, or other facility used for
13    the purpose of burial or memorializing the dead;
14        (3) in a school or other educational facility,
15    including an administrative facility or public or private
16    dormitory facility of or associated with the school or
17    other educational facility;
18        (4) in a public park or an ethnic or religious
19    community center;
20        (5) on the real property comprising any location
21    specified in clauses (1) through (4) of this subsection
22    (b-5); or
23        (6) on a public way within 1,000 feet of the real
24    property comprising any location specified in clauses (1)
25    through (4) of this subsection (b-5).
26    (b-10) Upon imposition of any sentence, the trial court

 

 

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1shall also either order restitution paid to the victim or
2impose a fine in an amount to be determined by the court based
3on the severity of the crime and the injury or damages suffered
4by the victim. In addition, any order of probation or
5conditional discharge entered following a conviction or an
6adjudication of delinquency shall include a condition that the
7offender perform public or community service of no less than
8200 hours if that service is established in the county where
9the offender was convicted of hate crime. In addition, any
10order of probation or conditional discharge entered following a
11conviction or an adjudication of delinquency shall include a
12condition that the offender enroll in an educational program
13discouraging hate crimes involving the protected class
14identified in subsection (a) that gave rise to the offense the
15offender committed. The educational program must be attended by
16the offender in-person and may be administered, as determined
17by the court, by a university, college, community college,
18non-profit organization, the Illinois Holocaust and Genocide
19Commission, or any other organization that provides
20educational programs discouraging hate crimes, except that
21programs administered online or that can otherwise be attended
22remotely are prohibited. The court may also impose any other
23condition of probation or conditional discharge under this
24Section. If the court sentences the offender to imprisonment or
25periodic imprisonment for a violation of this Section, as a
26condition of the offender's mandatory supervised release, the

 

 

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1court shall require that the offender perform public or
2community service of no less than 200 hours and enroll in an
3educational program discouraging hate crimes involving the
4protected class identified in subsection (a) that gave rise to
5the offense the offender committed.
6    (c) Independent of any criminal prosecution or the result
7of a criminal prosecution, any person suffering injury to his
8or her person, damage to his or her property, intimidation as
9defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section
1012-6 of this Code, stalking as defined in Section 12-7.3 of
11this Code, cyberstalking as defined in Section 12-7.5 of this
12Code, disorderly conduct as defined in paragraph (a)(1) of
13Section 26-1 of this Code, transmission of obscene messages as
14defined in Section 26.5-1 of this Code, harassment by telephone
15as defined in Section 26.5-2 of this Code, or harassment
16through electronic communications as defined in paragraphs
17(a)(2) and (a)(5) of Section 26.5-3 of this Code as a result of
18a hate crime may bring a civil action for damages, injunction
19or other appropriate relief. The court may award actual
20damages, including damages for emotional distress, as well as
21punitive damages. The court may impose a civil penalty up to
22$25,000 for each violation of this subsection (c). A judgment
23in favor of a person who brings a civil action under this
24subsection (c) shall include attorney's fees and costs. After
25consulting with the local State's Attorney, the Attorney
26General may bring a civil action in the name of the People of

 

 

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1the State for an injunction or other equitable relief under
2this subsection (c). In addition, the Attorney General may
3request and the court may impose a civil penalty up to $25,000
4for each violation under this subsection (c). The parents or
5legal guardians, other than guardians appointed pursuant to the
6Juvenile Court Act or the Juvenile Court Act of 1987, of an
7unemancipated minor shall be liable for the amount of any
8judgment for all damages rendered against such minor under this
9subsection (c) in any amount not exceeding the amount provided
10under Section 5 of the Parental Responsibility Law.
11    (d) "Sexual orientation" has the meaning ascribed to it in
12paragraph (O-1) of Section 1-103 of the Illinois Human Rights
13Act.
14(Source: P.A. 99-77, eff. 1-1-16; 100-197, eff. 1-1-18;
15100-260, eff. 1-1-18; 100-863, eff. 8-14-18.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.