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90_HB3121
720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1
Amends the Criminal Code of 1961. Makes a stylistic
change in the hate crime statute.
LRB9009731RCks
LRB9009731RCks
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 12-7.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing 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
10 actual or perceived race, color, creed, religion, ancestry,
11 gender, sexual orientation, physical or mental disability, or
12 national origin of another individual or group of
13 individuals, he commits assault, battery, aggravated assault,
14 misdemeanor theft, criminal trespass to residence,
15 misdemeanor criminal damage to property, criminal trespass to
16 vehicle, criminal trespass to real property, mob action or
17 disorderly conduct as these crimes are defined in Sections
18 12-1, 12-2, 12-3, 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, and
19 26-1 of this Code, respectively, or harassment by telephone
20 as defined in Section 1-1 of the Obscene Phone Call Act
21 against a victim who is: (i) the other individual; (ii) a
22 member of the group of individuals; (iii) a person who has an
23 association with, is married to, or has a friendship with the
24 other individual or a member of the group of individuals; or
25 (iv) a relative (by blood or marriage) of a person described
26 in clause (i), (ii), or (iii).
27 (b) Hate crime is a Class 4 felony for a first offense
28 and a Class 2 felony for a second or subsequent offense. Any
29 order of probation or conditional discharge entered following
30 a conviction for an offense under this Section shall include,
31 a condition that the offender perform public or community
-2- LRB9009731RCks
1 service of no less than 200 hours if that service is
2 established in the county where the offender was convicted of
3 hate crime. In addition the court may impose any other
4 condition of probation or conditional discharge under this
5 Section.
6 (c) Independent of any criminal prosecution or the
7 result of any criminal prosecution thereof, any person
8 suffering injury to his person or damage to his property as a
9 result of hate crime may bring a civil action for damages,
10 injunction or other appropriate relief. The court may award
11 actual damages, including damages for emotional distress, or
12 punitive damages. A judgment may include attorney's fees and
13 costs. The parents or legal guardians, other than guardians
14 appointed pursuant to the Juvenile Court Act or the Juvenile
15 Court Act of 1987, of an unemancipated minor shall be liable
16 for the amount of any judgment for actual damages rendered
17 against such minor under this subsection (c) in any amount
18 not exceeding the amount provided under Section 5 of the
19 Parental Responsibility Law.
20 (d) "Sexual orientation" means heterosexuality,
21 homosexuality, or bisexuality.
22 (Source: P.A. 88-45; 88-259; 88-659; 89-689, eff. 12-31-96.)