[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ House Amendment 001 ] |
92_HB4371sam001
LRB9210185JStmam
1 AMENDMENT TO HOUSE BILL 4371
2 AMENDMENT NO. . Amend House Bill 4371 by replacing
3 everything after the enacting clause with the following:
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
-2- LRB9210185JStmam
1 policy solely on the basis that one or more claims have been
2 made against any policy during the preceding 60 months for a
3 loss that is the result of a hate crime committed against the
4 person or property insured if the insured provides evidence
5 to the insurer that the act causing the loss is identified as
6 a hate crime on a police report.
7 (c) As it relates to this Section, if determined by a
8 law enforcement agency, a "hate crime" may include any of the
9 following:
10 (1) By force or threat of force, willfully
11 injuring, intimidating, interfering with, oppressing, or
12 threatening any other person in the free exercise or
13 enjoyment of any right or privilege secured to him or her
14 by the Constitution or laws of this State or by the
15 Constitution or laws of the United States because of the
16 other person's race, color, religion, ancestry, national
17 origin, disability, gender, or sexual orientation or
18 because he or she perceives that the other person has one
19 or more of those characteristics. This offense, however,
20 does not include speech alone, except upon a showing that
21 the speech itself threatened violence against a specific
22 person or group of persons and that the defendant had the
23 apparent ability to carry out the threat.
24 (2) Knowingly defacing, damaging, or destroying the
25 real or personal property of any other person for the
26 purpose of intimidating or interfering with the free
27 exercise or enjoyment of any right or privilege secured
28 to the other person by the Constitution or laws of this
29 State or by the Constitution or laws of the United States
30 because of the other person's race, color, religion,
31 ancestry, national origin, disability, gender, or sexual
32 orientation or because he or she perceives that the other
33 person has one or more of those characteristics.
34 (d) Nothing in this Section prevents an insurer subject
-3- LRB9210185JStmam
1 to this Section from taking any of the actions specified in
2 subsection (b) on the basis of criteria not otherwise made
3 invalid by this Section or any other law or rule.
4 (215 ILCS 5/424) (from Ch. 73, par. 1031)
5 Sec. 424. Unfair methods of competition and unfair or
6 deceptive acts or practices defined. The following are
7 hereby defined as unfair methods of competition and unfair
8 and deceptive acts or practices in the business of insurance:
9 (1) The commission by any person of any one or more of
10 the acts defined or prohibited by Sections 134, 143.24c, 147,
11 148, 149, 151, 155.22, 155.22a, 236, 237, 364, and 469 of
12 this Code.
13 (2) Entering into any agreement to commit, or by any
14 concerted action committing, any act of boycott, coercion or
15 intimidation resulting in or tending to result in
16 unreasonable restraint of, or monopoly in, the business of
17 insurance.
18 (3) Making or permitting, in the case of insurance of
19 the types enumerated in Classes 1, 2, and 3 of Section 4, any
20 unfair discrimination between individuals or risks of the
21 same class or of essentially the same hazard and expense
22 element because of the race, color, religion, or national
23 origin of such insurance risks or applicants. The
24 application of this Article to the types of insurance
25 enumerated in Class 1 of Section 4 shall in no way limit,
26 reduce, or impair the protections and remedies already
27 provided for by Sections 236 and 364 of this Code or any
28 other provision of this Code.
29 (4) Engaging in any of the acts or practices defined in
30 or prohibited by Sections 154.5 through 154.8 of the this
31 Insurance Code.
32 (5) Making or charging any rate for insurance against
33 losses arising from the use or ownership of a motor vehicle
-4- LRB9210185JStmam
1 which requires a higher premium of any person by reason of
2 his physical handicap, race, color, religion, or national
3 origin.
4 (Source: P.A. 92-399, eff. 8-16-01; revised 12-07-01.)".