Illinois General Assembly - Full Text of HB0778
Illinois General Assembly

Previous General Assemblies

Full Text of HB0778  100th General Assembly

HB0778 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0778

 

Introduced , by Rep. Daniel V. Beiser

 

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

    Amends the Criminal Code of 2012. Provides a person also commits a hate crime if by reason of the actual or perceived employment as a peace officer of another individual, regardless of the existence of any other motivating factor or factors, he or she commits assault, battery, aggravated assault, misdemeanor theft, criminal trespass to residence, misdemeanor criminal damage to property, criminal trespass to vehicle, criminal trespass to real property, mob action, disorderly conduct, harassment by telephone, or harassment through electronic communications. Penalty is a Class 4 felony for a first offense and a Class 2 felony for a second or subsequent offense, unless committed in certain specified locations in which case the penalty is a Class 3 felony for a first offense and a Class 2 felony for a second or subsequent offense.


LRB100 04771 RLC 14780 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0778LRB100 04771 RLC 14780 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, or
11national origin of another individual or group of individuals,
12or by reason of the actual or perceived employment as a peace
13officer of another individual, regardless of the existence of
14any other motivating factor or factors, he or she commits
15assault, battery, aggravated assault, misdemeanor theft,
16criminal trespass to residence, misdemeanor criminal damage to
17property, criminal trespass to vehicle, criminal trespass to
18real property, mob action, disorderly conduct, harassment by
19telephone, or harassment through electronic communications as
20these crimes are defined in Sections 12-1, 12-2, 12-3(a), 16-1,
2119-4, 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-2, and paragraphs
22(a)(2) and (a)(5) of Section 26.5-3 of this Code, respectively.
23    (b) Except as provided in subsection (b-5), hate crime is a

 

 

HB0778- 2 -LRB100 04771 RLC 14780 b

1Class 4 felony for a first offense and a Class 2 felony for a
2second or subsequent offense.
3    (b-5) Hate crime is a Class 3 felony for a first offense
4and a Class 2 felony for a second or subsequent offense if
5committed:
6        (1) in a church, synagogue, mosque, or other building,
7    structure, or place used for religious worship or other
8    religious purpose;
9        (2) in a cemetery, mortuary, or other facility used for
10    the purpose of burial or memorializing the dead;
11        (3) in a school or other educational facility,
12    including an administrative facility or public or private
13    dormitory facility of or associated with the school or
14    other educational facility;
15        (4) in a public park or an ethnic or religious
16    community center;
17        (5) on the real property comprising any location
18    specified in clauses (1) through (4) of this subsection
19    (b-5); or
20        (6) on a public way within 1,000 feet of the real
21    property comprising any location specified in clauses (1)
22    through (4) of this subsection (b-5).
23    (b-10) Upon imposition of any sentence, the trial court
24shall also either order restitution paid to the victim or
25impose a fine up to $1,000. In addition, any order of probation
26or conditional discharge entered following a conviction or an

 

 

HB0778- 3 -LRB100 04771 RLC 14780 b

1adjudication of delinquency shall include a condition that the
2offender perform public or community service of no less than
3200 hours if that service is established in the county where
4the offender was convicted of hate crime. In addition, any
5order of probation or conditional discharge entered following a
6conviction or an adjudication of delinquency shall include a
7condition that the offender enroll in an educational program
8discouraging hate crimes if the offender caused criminal damage
9to property consisting of religious fixtures, objects, or
10decorations. The educational program may be administered, as
11determined by the court, by a university, college, community
12college, non-profit organization, or the Holocaust and
13Genocide Commission. Nothing in this subsection (b-10)
14prohibits courses discouraging hate crimes from being made
15available online. The court may also impose any other condition
16of probation or conditional discharge under this Section.
17    (c) Independent of any criminal prosecution or the result
18thereof, any person suffering injury to his person or damage to
19his property as a result of hate crime may bring a civil action
20for damages, injunction or other appropriate relief. The court
21may award actual damages, including damages for emotional
22distress, or punitive damages. A judgment may include
23attorney's fees and costs. The parents or legal guardians,
24other than guardians appointed pursuant to the Juvenile Court
25Act or the Juvenile Court Act of 1987, of an unemancipated
26minor shall be liable for the amount of any judgment for actual

 

 

HB0778- 4 -LRB100 04771 RLC 14780 b

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