Full Text of SB1596 102nd General Assembly
SB1596 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB1596 Introduced 2/26/2021, by Sen. Jacqueline Y. Collins SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/12-7.1 | from Ch. 38, par. 12-7.1 |
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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.
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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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by | 5 | | changing 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 | 9 | | actual or
perceived race, color, creed, religion, ancestry, | 10 | | gender, sexual orientation,
physical or mental disability, | 11 | | citizenship, immigration status, or national origin of another | 12 | | individual or
group of individuals, regardless of the | 13 | | existence of any other motivating
factor or factors, he or she | 14 | | commits assault, battery, aggravated assault, intimidation, | 15 | | stalking, cyberstalking, misdemeanor
theft, criminal trespass | 16 | | to residence, misdemeanor criminal damage
to property, | 17 | | criminal trespass to vehicle, criminal trespass to real | 18 | | property,
mob action, disorderly conduct, transmission of | 19 | | obscene messages, harassment by telephone, or harassment | 20 | | through electronic
communications as these crimes are defined | 21 | | in Sections 12-1,
12-2, 12-3(a), 12-7.3, 12-7.5, 16-1, 19-4, | 22 | | 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-1, 26.5-2, paragraphs | 23 | | (a)(1), (a)(2), and (a)(3) of Section 12-6, and paragraphs |
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| 1 | | (a)(2) and (a)(5) of Section 26.5-3 of this Code,
| 2 | | respectively.
| 3 | | (b) Except as provided in subsection (b-5), hate crime is | 4 | | a Class 4
felony for a first offense and a Class 2 felony for a | 5 | | second or subsequent
offense.
| 6 | | (b-5) Hate crime is a Class 3 felony for a first offense | 7 | | and a Class 2
felony for a second or subsequent offense if | 8 | | committed:
| 9 | | (1) in, or upon the exterior or grounds of, a church, | 10 | | synagogue, mosque, or other building, structure, or place
| 11 | | identified or associated with a particular religion or | 12 | | used for religious worship or other religious purpose;
| 13 | | (2) in a cemetery, mortuary, or other facility used | 14 | | for the purpose of
burial or memorializing the dead;
| 15 | | (3) in a school or other educational facility, | 16 | | including an administrative facility or public or private | 17 | | dormitory facility of or associated with the school or | 18 | | other educational facility;
| 19 | | (4) in a public park or an ethnic or religious | 20 | | community center;
| 21 | | (5) on the real property comprising any location | 22 | | specified in
clauses (1) through (4) of this subsection | 23 | | (b-5); or
| 24 | | (6) on a public way within 1,000 feet of the real | 25 | | property comprising any
location specified in clauses (1) | 26 | | through (4) of this subsection (b-5).
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| 1 | | (b-10) Upon imposition of any sentence,
the trial
court | 2 | | shall also either order restitution paid to the victim
or | 3 | | impose a fine in an amount to be determined by the court based | 4 | | on the severity of the crime and the injury or damages suffered | 5 | | by the victim. In addition, any order of probation or
| 6 | | conditional discharge entered following a conviction or an | 7 | | adjudication of
delinquency shall include a condition that the | 8 | | offender perform public or
community service of no less than | 9 | | 200 hours if that service is established in
the county where | 10 | | the offender was convicted of hate crime. In addition, any | 11 | | order of probation or
conditional discharge entered following | 12 | | a conviction or an adjudication of
delinquency shall include a | 13 | | condition that the offender enroll in an educational program | 14 | | discouraging hate crimes involving the protected class | 15 | | identified in subsection (a) that gave rise to the offense the | 16 | | offender committed. The educational program must be attended | 17 | | by the offender in-person and may be administered, as | 18 | | determined by the court, by a university, college, community | 19 | | college, non-profit organization, the Illinois Holocaust and | 20 | | Genocide Commission, or any other organization that provides | 21 | | educational programs discouraging hate crimes, except that | 22 | | programs administered online or that can otherwise be attended | 23 | | remotely are prohibited. The court may also
impose any other | 24 | | condition of probation or conditional discharge under this
| 25 | | Section. If the court sentences the offender to imprisonment | 26 | | or periodic imprisonment for a violation of this Section, as a |
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| 1 | | condition of the offender's mandatory supervised release, the | 2 | | court shall require that the offender perform public or | 3 | | community service of no less than 200 hours and enroll in an | 4 | | educational program discouraging hate crimes involving the | 5 | | protected class
identified in subsection (a) that gave rise to | 6 | | the offense the offender committed.
| 7 | | (c) Independent of any criminal prosecution or the result
| 8 | | of a criminal prosecution, any
person suffering injury to his | 9 | | or her person, damage to his or her property, intimidation as | 10 | | defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section | 11 | | 12-6 of this Code, stalking as defined in Section 12-7.3 of | 12 | | this Code, cyberstalking as defined in Section 12-7.5 of this | 13 | | Code, disorderly conduct as defined in paragraph (a)(1) of | 14 | | Section 26-1 of this Code, transmission of obscene messages as | 15 | | defined in Section 26.5-1 of this Code, harassment by | 16 | | telephone as defined in Section 26.5-2 of this Code, or | 17 | | harassment through electronic communications as defined in | 18 | | paragraphs (a)(2) and (a)(5) of Section 26.5-3 of this Code as | 19 | | a result
of a hate crime may bring a civil action for damages, | 20 | | injunction
or other appropriate relief. The court may award | 21 | | actual damages, including
damages for emotional distress, as | 22 | | well as punitive damages. The court may impose a civil penalty | 23 | | up to $25,000 for each violation of this subsection (c). A | 24 | | judgment in favor of a person who brings a civil action under | 25 | | this subsection (c) shall include
attorney's fees and costs. | 26 | | After consulting with the local State's Attorney, the Attorney |
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| 1 | | General may bring a civil action in the name of the People of | 2 | | the State for an injunction or other equitable relief under | 3 | | this subsection (c). In addition, the Attorney General may | 4 | | request and the court may impose a civil penalty up to $25,000 | 5 | | for each violation under this subsection (c). The parents or | 6 | | legal guardians, other than
guardians appointed pursuant to | 7 | | the Juvenile Court Act or the Juvenile
Court Act of 1987, of an | 8 | | unemancipated minor shall be liable for the amount
of any | 9 | | judgment for all damages rendered against such minor under | 10 | | this
subsection (c) in any amount not exceeding the amount | 11 | | provided under
Section 5 of the Parental Responsibility Law.
| 12 | | (d) "Sexual orientation" has the meaning ascribed to it in | 13 | | paragraph (O-1) of Section 1-103 of the Illinois Human Rights | 14 | | Act.
| 15 | | (Source: P.A. 99-77, eff. 1-1-16; 100-197, eff. 1-1-18; | 16 | | 100-260, eff. 1-1-18; 100-863, eff. 8-14-18.)
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
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