Illinois 2023-2024 Regular Session

Illinois House Bill HB3738 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3738 Introduced , by Rep. Frances Ann Hurley SYNOPSIS AS INTRODUCED: 720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1 Amends the hate crime provisions of the Criminal Code of 2012. Provides that a person commits hate crime if the person commits specified offenses against another individual by reason of the other individual's actual or perceived employment as a peace officer of another individual. LRB103 27098 RLC 53466 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3738 Introduced , by Rep. Frances Ann Hurley SYNOPSIS AS INTRODUCED: 720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1 720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1 Amends the hate crime provisions of the Criminal Code of 2012. Provides that a person commits hate crime if the person commits specified offenses against another individual by reason of the other individual's actual or perceived employment as a peace officer of another individual. LRB103 27098 RLC 53466 b LRB103 27098 RLC 53466 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3738 Introduced , by Rep. Frances Ann Hurley SYNOPSIS AS INTRODUCED:
3	3	720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1 720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1
4	4	720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1
5	5	Amends the hate crime provisions of the Criminal Code of 2012. Provides that a person commits hate crime if the person commits specified offenses against another individual by reason of the other individual's actual or perceived employment as a peace officer of another individual.
6	6	LRB103 27098 RLC 53466 b LRB103 27098 RLC 53466 b
7	7	LRB103 27098 RLC 53466 b
8	8	A BILL FOR
9	9	HB3738LRB103 27098 RLC 53466 b HB3738 LRB103 27098 RLC 53466 b
10	10	HB3738 LRB103 27098 RLC 53466 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Criminal Code of 2012 is amended by
15	15	5 changing Section 12-7.1 as follows:
16	16	6 (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
17	17	7 Sec. 12-7.1. Hate crime.
18	18	8 (a) A person commits hate crime when, by reason of the
19	19	9 actual or perceived race, color, creed, religion, ancestry,
20	20	10 gender, sexual orientation, physical or mental disability,
21	21	11 citizenship, immigration status, or national origin of another
22	22	12 individual or group of individuals, or by reason of the actual
23	23	13 or perceived employment as a peace officer of another
24	24	14 individual, regardless of the existence of any other
25	25	15 motivating factor or factors, he or she commits assault,
26	26	16 battery, aggravated assault, intimidation, stalking,
27	27	17 cyberstalking, misdemeanor theft, criminal trespass to
28	28	18 residence, misdemeanor criminal damage to property, criminal
29	29	19 trespass to vehicle, criminal trespass to real property, mob
30	30	20 action, disorderly conduct, transmission of obscene messages,
31	31	21 harassment by telephone, or harassment through electronic
32	32	22 communications as these crimes are defined in Sections 12-1,
33	33	23 12-2, 12-3(a), 12-7.3, 12-7.5, 16-1, 19-4, 21-1, 21-2, 21-3,
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3738 Introduced , by Rep. Frances Ann Hurley SYNOPSIS AS INTRODUCED:
38	38	720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1 720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1
39	39	720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1
40	40	Amends the hate crime provisions of the Criminal Code of 2012. Provides that a person commits hate crime if the person commits specified offenses against another individual by reason of the other individual's actual or perceived employment as a peace officer of another individual.
41	41	LRB103 27098 RLC 53466 b LRB103 27098 RLC 53466 b
42	42	LRB103 27098 RLC 53466 b
43	43	A BILL FOR
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49	49	720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1
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68	68	1 25-1, 26-1, 26.5-1, 26.5-2, paragraphs (a)(1), (a)(2), and
69	69	2 (a)(3) of Section 12-6, and paragraphs (a)(2) and (a)(5) of
70	70	3 Section 26.5-3 of this Code, respectively.
71	71	4 (b) Except as provided in subsection (b-5), hate crime is
72	72	5 a Class 4 felony for a first offense and a Class 2 felony for a
73	73	6 second or subsequent offense.
74	74	7 (b-5) Hate crime is a Class 3 felony for a first offense
75	75	8 and a Class 2 felony for a second or subsequent offense if
76	76	9 committed:
77	77	10 (1) in, or upon the exterior or grounds of, a church,
78	78	11 synagogue, mosque, or other building, structure, or place
79	79	12 identified or associated with a particular religion or
80	80	13 used for religious worship or other religious purpose;
81	81	14 (2) in a cemetery, mortuary, or other facility used
82	82	15 for the purpose of burial or memorializing the dead;
83	83	16 (3) in a school or other educational facility,
84	84	17 including an administrative facility or public or private
85	85	18 dormitory facility of or associated with the school or
86	86	19 other educational facility;
87	87	20 (4) in a public park or an ethnic or religious
88	88	21 community center;
89	89	22 (5) on the real property comprising any location
90	90	23 specified in clauses (1) through (4) of this subsection
91	91	24 (b-5); or
92	92	25 (6) on a public way within 1,000 feet of the real
93	93	26 property comprising any location specified in clauses (1)
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104	104	1 through (4) of this subsection (b-5).
105	105	2 (b-10) Upon imposition of any sentence, the trial court
106	106	3 shall also either order restitution paid to the victim or
107	107	4 impose a fine in an amount to be determined by the court based
108	108	5 on the severity of the crime and the injury or damages suffered
109	109	6 by the victim. In addition, any order of probation or
110	110	7 conditional discharge entered following a conviction or an
111	111	8 adjudication of delinquency shall include a condition that the
112	112	9 offender perform public or community service of no less than
113	113	10 200 hours if that service is established in the county where
114	114	11 the offender was convicted of hate crime. In addition, any
115	115	12 order of probation or conditional discharge entered following
116	116	13 a conviction or an adjudication of delinquency shall include a
117	117	14 condition that the offender enroll in an educational program
118	118	15 discouraging hate crimes involving the protected class
119	119	16 identified in subsection (a) that gave rise to the offense the
120	120	17 offender committed. The educational program must be attended
121	121	18 by the offender in-person and may be administered, as
122	122	19 determined by the court, by a university, college, community
123	123	20 college, non-profit organization, the Illinois Holocaust and
124	124	21 Genocide Commission, or any other organization that provides
125	125	22 educational programs discouraging hate crimes, except that
126	126	23 programs administered online or that can otherwise be attended
127	127	24 remotely are prohibited. The court may also impose any other
128	128	25 condition of probation or conditional discharge under this
129	129	26 Section. If the court sentences the offender to imprisonment
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140	140	1 or periodic imprisonment for a violation of this Section, as a
141	141	2 condition of the offender's mandatory supervised release, the
142	142	3 court shall require that the offender perform public or
143	143	4 community service of no less than 200 hours and enroll in an
144	144	5 educational program discouraging hate crimes involving the
145	145	6 protected class identified in subsection (a) that gave rise to
146	146	7 the offense the offender committed.
147	147	8 (c) Independent of any criminal prosecution or the result
148	148	9 of a criminal prosecution, any person suffering injury to his
149	149	10 or her person, damage to his or her property, intimidation as
150	150	11 defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section
151	151	12 12-6 of this Code, stalking as defined in Section 12-7.3 of
152	152	13 this Code, cyberstalking as defined in Section 12-7.5 of this
153	153	14 Code, disorderly conduct as defined in paragraph (a)(1),
154	154	15 (a)(4), (a)(5), or (a)(6) of Section 26-1 of this Code,
155	155	16 transmission of obscene messages as defined in Section 26.5-1
156	156	17 of this Code, harassment by telephone as defined in Section
157	157	18 26.5-2 of this Code, or harassment through electronic
158	158	19 communications as defined in paragraphs (a)(2) and (a)(5) of
159	159	20 Section 26.5-3 of this Code as a result of a hate crime may
160	160	21 bring a civil action for damages, injunction or other
161	161	22 appropriate relief. The court may award actual damages,
162	162	23 including damages for emotional distress, as well as punitive
163	163	24 damages. The court may impose a civil penalty up to $25,000 for
164	164	25 each violation of this subsection (c). A judgment in favor of a
165	165	26 person who brings a civil action under this subsection (c)
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176	176	1 shall include attorney's fees and costs. After consulting with
177	177	2 the local State's Attorney, the Attorney General may bring a
178	178	3 civil action in the name of the People of the State for an
179	179	4 injunction or other equitable relief under this subsection
180	180	5 (c). In addition, the Attorney General may request and the
181	181	6 court may impose a civil penalty up to $25,000 for each
182	182	7 violation under this subsection (c). The parents or legal
183	183	8 guardians, other than guardians appointed pursuant to the
184	184	9 Juvenile Court Act or the Juvenile Court Act of 1987, of an
185	185	10 unemancipated minor shall be liable for the amount of any
186	186	11 judgment for all damages rendered against such minor under
187	187	12 this subsection (c) in any amount not exceeding the amount
188	188	13 provided under Section 5 of the Parental Responsibility Law.
189	189	14 (d) "Sexual orientation" has the meaning ascribed to it in
190	190	15 paragraph (O-1) of Section 1-103 of the Illinois Human Rights
191	191	16 Act.
192	192	17 (Source: P.A. 102-235, eff. 1-1-22; 102-468, eff. 1-1-22;
193	193	18 102-813, eff. 5-13-22.)
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