KENNER, MENDOZA, ACEVEDO, DAVIS,MONIQUE, YARBROUGH, LANG,
SCULLY, MILLER, GILES, BRADLEY, FRANKS,
COULSON, ERWIN, DART, SLONE, MATHIAS AND JEFFERSON.
CRIM CD & CORR-HATE CRIMES
Synopsis of Bill as introduced:
Amends the Criminal Code of 1961. Creates the offense of
conspiracy against civil rights. Provides that conspiracy against
civil rights is a Class 4 felony for a first offense and a Class 2
felony for a second or subsequent offense. Provides that hate crime is
a Class 3 felony for a first offense and a Class 1 felony for a second
or subsequent offense if committed: (1) in a place used for religious
worship; (2) in a cemetery or mortuary; (3) in an educational
facility; (4) in a public park or an ethnic or religious community
center; (5) on the real property of any of these locations; or (6) on
a public way within 1,000 feet of the real property comprising any of
these locations. Provides for prosecution for hate crime or
institutional vandalism regardless of the existence of any other
motivating factors. Amends the Unified Code of Corrections. Provides
that a person convicted of any second or subsequent conviction for
hate crime or institutional vandalism is ineligible for probation,
conditional discharge, or periodic imprisonment. Makes it a factor
for the court to impose an extended term sentence that the defendant
was convicted of a felony other than hate crime or institutional
vandalism and the court finds that the defendant committed the offense
by reason of the actual or perceived race, color, creed, religion,
ancestry, gender, sexual orientation, physical or mental disability,
or national origin of another individual or group of individuals.
JUDICIAL NOTE (Administrative Office of the Illinois Courts)
It has been determined that the bill would neither decrease
nor increase the number of judges needed in the State.
SENATE AMENDMENT NO. 2.
Deletes reference to:
730 ILCS 5/5-5-3
730 ILCS 5/5-5-3.2
Deletes everything after the enacting clause. Amends the Criminal
Code of 1961. Creates the offense of conspiracy against civil rights.
Provides that a person commits this offense when, without legal
justification, he or she, with the intent to interfere with the free
exercise of any right or privilege secured to the person by the
Constitution of the United States, the Constitution of the State of
Illinois, the laws of the United States, or the laws of the State of
Illinois by any person or persons, agrees with another to inflict
physical harm on any other person or the threat of physical harm on
any other person and either the accused or a co-conspirator has
committed any act in furtherance of that agreement. Provides that
this offense is a Class 4 felony for a first offense and a Class 2
felony for a second or subsequent offense. Provides that the offense
of hate crime is a Class 3 felony for a first offense and a Class 2
felony for a second or subsequent offense if committed in certain
places. Provides for prosecution of hate crime and institutional
vandalism regardless of the existence of any other motivating factors.
Provides that the offense of institutional vandalism is a Class 2
felony for a second or subsequent offense.
Last action on Bill: PUBLIC ACT.............................. 92-0830
Last action date: AUG-22-2002
Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 0 SENATE - 1
END OF INQUIRY
Full Text Bill Status