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Public Act 92-0669
HB4371 Enrolled LRB9210185JSpcB
AN ACT relating to insurance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Insurance Code is amended by
adding Section 143.24c and changing Section 424 as follows:
(215 ILCS 5/143.24c new)
Sec. 143.24c. Hate crimes; coverage refusal.
(a) This Section applies to policies of insurance if the
insured or proposed insured is (1) an individual, (2) a
religious organization described in clause (i) of
subparagraph (A) of paragraph (1) of subsection (b) of
Section 170 of Title 26 of the United States Code, (3) an
educational organization described in clause (ii) of
subparagraph (A) of paragraph (1) of subsection (b) of
Section 170 of Title 26 of the United States Code, or (4) any
other nonprofit organization described in clause (vi) of
subparagraph (A) of paragraph (1) of subsection (b) of
Section 170 of Title 26 of the United States Code that is
organized and operated for religious, charitable, or
educational purposes.
(b) An insurer issuing policies subject to this Section
may not cancel, refuse to issue, or refuse to renew the
policy solely on the basis that one or more claims have been
made against any policy during the preceding 60 months for a
loss that is the result of a hate crime committed against the
person or property insured if the insured provides evidence
to the insurer that the act causing the loss is identified as
a hate crime on a police report.
(c) As it relates to this Section, if determined by a
law enforcement agency, a "hate crime" may include any of the
following:
(1) By force or threat of force, willfully
injuring, intimidating, interfering with, oppressing, or
threatening any other person in the free exercise or
enjoyment of any right or privilege secured to him or her
by the Constitution or laws of this State or by the
Constitution or laws of the United States because of the
other person's race, color, religion, ancestry, national
origin, disability, gender, or sexual orientation or
because he or she perceives that the other person has one
or more of those characteristics. This offense, however,
does not include speech alone, except upon a showing that
the speech itself threatened violence against a specific
person or group of persons and that the defendant had the
apparent ability to carry out the threat.
(2) Knowingly defacing, damaging, or destroying the
real or personal property of any other person for the
purpose of intimidating or interfering with the free
exercise or enjoyment of any right or privilege secured
to the other person by the Constitution or laws of this
State or by the Constitution or laws of the United States
because of the other person's race, color, religion,
ancestry, national origin, disability, gender, or sexual
orientation or because he or she perceives that the other
person has one or more of those characteristics.
(d) Nothing in this Section prevents an insurer subject
to this Section from taking any of the actions specified in
subsection (b) on the basis of criteria not otherwise made
invalid by this Section or any other law or rule.
(215 ILCS 5/424) (from Ch. 73, par. 1031)
Sec. 424. Unfair methods of competition and unfair or
deceptive acts or practices defined. The following are
hereby defined as unfair methods of competition and unfair
and deceptive acts or practices in the business of insurance:
(1) The commission by any person of any one or more of
the acts defined or prohibited by Sections 134, 143.24c, 147,
148, 149, 151, 155.22, 155.22a, 236, 237, 364, and 469 of
this Code.
(2) Entering into any agreement to commit, or by any
concerted action committing, any act of boycott, coercion or
intimidation resulting in or tending to result in
unreasonable restraint of, or monopoly in, the business of
insurance.
(3) Making or permitting, in the case of insurance of
the types enumerated in Classes 1, 2, and 3 of Section 4, any
unfair discrimination between individuals or risks of the
same class or of essentially the same hazard and expense
element because of the race, color, religion, or national
origin of such insurance risks or applicants. The
application of this Article to the types of insurance
enumerated in Class 1 of Section 4 shall in no way limit,
reduce, or impair the protections and remedies already
provided for by Sections 236 and 364 of this Code or any
other provision of this Code.
(4) Engaging in any of the acts or practices defined in
or prohibited by Sections 154.5 through 154.8 of the this
Insurance Code.
(5) Making or charging any rate for insurance against
losses arising from the use or ownership of a motor vehicle
which requires a higher premium of any person by reason of
his physical handicap, race, color, religion, or national
origin.
(Source: P.A. 92-399, eff. 8-16-01; revised 12-07-01.)
Passed in the General Assembly May 15, 2002.
Approved July 16, 2002.
Effective January 01, 2003.
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