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92nd General Assembly

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Public Act 92-0830

HB0136 Enrolled                                LRB9201585RCcd

    AN ACT in relation to hate crimes.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Criminal  Code  of  1961  is amended by
changing Sections 12-7.1 and 21-1.2 and adding Section  8-2.1
as follows:

    (720 ILCS 5/8-2.1 new)
    Sec. 8-2.1.  Conspiracy against civil rights.
    (a)  Offense.   A person commits conspiracy against civil
rights when, without legal justification, he or she, with the
intent to interfere with the free exercise of  any  right  or
privilege  secured  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.
    (b)  Co-conspirators.  It  shall  not  be  a  defense  to
conspiracy against civil rights that a person or persons with
whom the accused is alleged to have conspired:
         (1)  has not been prosecuted or convicted; or
         (2)  has been convicted of a different offense; or
         (3)  is not amenable to justice; or
         (4)  has been acquitted; or
         (5)  lacked the capacity to commit an offense.
    (c)  Sentence.   Conspiracy  against  civil  rights  is a
Class 4 felony for a first offense and a Class 2 felony for a
second or subsequent offense.

    (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
    Sec. 12-7.1.  Hate crime.
    (a)  A person commits hate crime when, 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,   regardless  of  the  existence  of  any  other
motivating factor or factors, he  commits  assault,  battery,
aggravated  assault,  misdemeanor theft, criminal trespass to
residence, misdemeanor criminal damage to property,  criminal
trespass  to vehicle, criminal trespass to real property, mob
action or disorderly conduct as these crimes are  defined  in
Sections  12-1,  12-2,  12-3,  16-1,  19-4, 21-1, 21-2, 21-3,
25-1, and 26-1 of this Code, respectively, or  harassment  by
telephone  as  defined  in  Section  1-1 of the Harassing and
Obscene Communications Act against a victim who is:  (i)  the
other  individual; (ii) a member of the group of individuals;
(iii) a person who has an association with, is married to, or
has a friendship with the other individual or a member of the
group of  individuals;  or  (iv)  a  relative  (by  blood  or
marriage)  of  a  person  described  in  clause (i), (ii), or
(iii).
    (b)  Except as provided in subsection (b-5),  hate  crime
is  a Class 4 felony for a first offense and a Class 2 felony
for a second or subsequent offense.  Any order  of  probation
or  conditional  discharge entered following a conviction for
an offense under this Section  shall  include,   a  condition
that  the  offender perform public or community service of no
less than 200 hours if that service  is  established  in  the
county  where  the  offender was convicted of hate crime.  In
addition  the  court  may  impose  any  other  condition   of
probation or conditional discharge under this Section.
    (b-5)  Hate crime is a Class 3 felony for a first offense
and  a  Class  2 felony for a second or subsequent offense if
committed:
         (1)  in  a  church,  synagogue,  mosque,  or   other
    building,  structure, or place used for religious worship
    or other religious purpose;
         (2)  in a cemetery, mortuary, or other facility used
    for the purpose of burial or memorializing the dead;
         (3)  in a school or other educational facility;
         (4)  in a public park  or  an  ethnic  or  religious
    community center;
         (5)  on  the  real  property comprising any location
    specified in clauses (1) through (4) of  this  subsection
    (b-5); or
         (6)  on  a  public way within 1,000 feet of the real
    property comprising any location specified in clauses (1)
    through (4) of this subsection (b-5).
    (b-10)  Upon imposition of any sentence, the trial  court
shall  also  either  order  restitution paid to the victim or
impose a fine up  to  $1,000.   In  addition,  any  order  of
probation   or  conditional  discharge  entered  following  a
conviction or an adjudication of delinquency shall include  a
condition  that  the  offender  perform  public  or community
service of  no  less  than  200  hours  if  that  service  is
established in the county where the offender was convicted of
hate crime.  The court may also impose any other condition of
probation or conditional discharge under this Section.
    (c)  Independent  of  any  criminal  prosecution  or  the
result  thereof, any person suffering injury to his person or
damage to his property as a result of hate crime may bring  a
civil  action  for  damages,  injunction or other appropriate
relief. The court may award actual damages, including damages
for emotional distress, or punitive damages. A  judgment  may
include  attorney's  fees  and  costs.   The parents or legal
guardians, other than guardians  appointed  pursuant  to  the
Juvenile  Court  Act or the Juvenile Court Act of 1987, of an
unemancipated minor shall be liable for  the  amount  of  any
judgment for actual damages rendered against such minor under
this  subsection  (c)  in any amount not exceeding the amount
provided under Section 5 of the Parental Responsibility Law.
    (d)  "Sexual    orientation"    means    heterosexuality,
homosexuality, or bisexuality.
(Source: P.A. 89-689, eff. 12-31-96; 90-578, eff. 6-1-98.)

    (720 ILCS 5/21-1.2) (from Ch. 38, par. 21-1.2)
    Sec. 21-1.2.  Institutional vandalism.
    (a)  A person commits institutional  vandalism  when,  by
reason  of  the  actual  or  perceived  race,  color,  creed,
religion or national origin of another individual or group of
individuals,   regardless  of  the  existence  of  any  other
motivating factor or factors, he or she knowingly and without
consent inflicts damage to any of the following properties:
         (1)  A church, synagogue, mosque, or other building,
    structure or place used for religious  worship  or  other
    religious purpose;
         (2)  A  cemetery,  mortuary,  or other facility used
    for the purpose of burial or memorializing the dead;
         (3)  A school,  educational  facility  or  community
    center;
         (4)  The  grounds  adjacent  to, and owned or rented
    by, any institution,  facility,  building,  structure  or
    place  described  in  paragraphs  (1), (2) or (3) of this
    subsection (a); or
         (5)  Any  personal   property   contained   in   any
    institution,   facility,  building,  structure  or  place
    described  in  paragraphs  (1),  (2)  or  (3)   of   this
    subsection (a).
    (b)  Institutional  vandalism  is a Class 3 felony if the
damage to the property does not exceed  $300.   Institutional
vandalism  is  a Class 2 felony if the damage to the property
exceeds $300. Institutional vandalism is a Class 2 felony for
any second or subsequent offense.
    (b-5)  Upon imposition of any sentence, the  trial  court
shall  also  either  order  restitution paid to the victim or
impose a fine up  to  $1,000.   In  addition,  any  order  of
probation   or  conditional  discharge  entered  following  a
conviction or an adjudication of delinquency shall include  a
condition  that  the  offender  perform  public  or community
service of  no  less  than  200  hours  if  that  service  is
established in the county where the offender was convicted of
institutional vandalism.  The court may also impose any other
condition  of  probation  or conditional discharge under this
Section.
    (c)  Independent  of  any  criminal  prosecution  or  the
result of that prosecution,  a  person  suffering  damage  to
property  or  injury  to  his  or  her  person as a result of
institutional vandalism may bring a civil action for damages,
injunction or other appropriate relief. The court  may  award
actual  damages, including damages for emotional distress, or
punitive damages.  A judgment may include attorney's fees and
costs.  The parents or legal guardians  of  an  unemancipated
minor,  other  than  guardians  appointed  under the Juvenile
Court Act or the Juvenile Court Act of 1987, shall be  liable
for  the  amount  of any judgment for actual damages rendered
against the minor under this subsection (c) in an amount  not
exceeding the amount provided under Section 5 of the Parental
Responsibility Law.
(Source: P.A. 88-659.)
    Passed in the General Assembly May 30, 2002.
    Approved August 22, 2002.
    Effective January 01, 2003.

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