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92_HB4371enr HB4371 Enrolled LRB9210185JSpcB 1 AN ACT relating to insurance. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Insurance Code is amended by 5 adding Section 143.24c and changing Section 424 as follows: 6 (215 ILCS 5/143.24c new) 7 Sec. 143.24c. Hate crimes; coverage refusal. 8 (a) This Section applies to policies of insurance if the 9 insured or proposed insured is (1) an individual, (2) a 10 religious organization described in clause (i) of 11 subparagraph (A) of paragraph (1) of subsection (b) of 12 Section 170 of Title 26 of the United States Code, (3) an 13 educational organization described in clause (ii) of 14 subparagraph (A) of paragraph (1) of subsection (b) of 15 Section 170 of Title 26 of the United States Code, or (4) any 16 other nonprofit organization described in clause (vi) of 17 subparagraph (A) of paragraph (1) of subsection (b) of 18 Section 170 of Title 26 of the United States Code that is 19 organized and operated for religious, charitable, or 20 educational purposes. 21 (b) An insurer issuing policies subject to this Section 22 may not cancel, refuse to issue, or refuse to renew the 23 policy solely on the basis that one or more claims have been 24 made against any policy during the preceding 60 months for a 25 loss that is the result of a hate crime committed against the 26 person or property insured if the insured provides evidence 27 to the insurer that the act causing the loss is identified as 28 a hate crime on a police report. 29 (c) As it relates to this Section, if determined by a 30 law enforcement agency, a "hate crime" may include any of the 31 following: HB4371 Enrolled -2- LRB9210185JSpcB 1 (1) By force or threat of force, willfully 2 injuring, intimidating, interfering with, oppressing, or 3 threatening any other person in the free exercise or 4 enjoyment of any right or privilege secured to him or her 5 by the Constitution or laws of this State or by the 6 Constitution or laws of the United States because of the 7 other person's race, color, religion, ancestry, national 8 origin, disability, gender, or sexual orientation or 9 because he or she perceives that the other person has one 10 or more of those characteristics. This offense, however, 11 does not include speech alone, except upon a showing that 12 the speech itself threatened violence against a specific 13 person or group of persons and that the defendant had the 14 apparent ability to carry out the threat. 15 (2) Knowingly defacing, damaging, or destroying the 16 real or personal property of any other person for the 17 purpose of intimidating or interfering with the free 18 exercise or enjoyment of any right or privilege secured 19 to the other person by the Constitution or laws of this 20 State or by the Constitution or laws of the United States 21 because of the other person's race, color, religion, 22 ancestry, national origin, disability, gender, or sexual 23 orientation or because he or she perceives that the other 24 person has one or more of those characteristics. 25 (d) Nothing in this Section prevents an insurer subject 26 to this Section from taking any of the actions specified in 27 subsection (b) on the basis of criteria not otherwise made 28 invalid by this Section or any other law or rule. 29 (215 ILCS 5/424) (from Ch. 73, par. 1031) 30 Sec. 424. Unfair methods of competition and unfair or 31 deceptive acts or practices defined. The following are 32 hereby defined as unfair methods of competition and unfair 33 and deceptive acts or practices in the business of insurance: HB4371 Enrolled -3- LRB9210185JSpcB 1 (1) The commission by any person of any one or more of 2 the acts defined or prohibited by Sections 134, 143.24c, 147, 3 148, 149, 151, 155.22, 155.22a, 236, 237, 364, and 469 of 4 this Code. 5 (2) Entering into any agreement to commit, or by any 6 concerted action committing, any act of boycott, coercion or 7 intimidation resulting in or tending to result in 8 unreasonable restraint of, or monopoly in, the business of 9 insurance. 10 (3) Making or permitting, in the case of insurance of 11 the types enumerated in Classes 1, 2, and 3 of Section 4, any 12 unfair discrimination between individuals or risks of the 13 same class or of essentially the same hazard and expense 14 element because of the race, color, religion, or national 15 origin of such insurance risks or applicants. The 16 application of this Article to the types of insurance 17 enumerated in Class 1 of Section 4 shall in no way limit, 18 reduce, or impair the protections and remedies already 19 provided for by Sections 236 and 364 of this Code or any 20 other provision of this Code. 21 (4) Engaging in any of the acts or practices defined in 22 or prohibited by Sections 154.5 through 154.8 ofthethis 23InsuranceCode. 24 (5) Making or charging any rate for insurance against 25 losses arising from the use or ownership of a motor vehicle 26 which requires a higher premium of any person by reason of 27 his physical handicap, race, color, religion, or national 28 origin. 29 (Source: P.A. 92-399, eff. 8-16-01; revised 12-07-01.)