Illinois 2025-2026 Regular Session

Illinois House Bill HB1231 Latest Draft

Bill / Introduced Version Filed 01/10/2025

                            104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1231 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED: 720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1 Amends the Criminal Code of 2012. Provides that a person commits a hate crime if the person commits specified crimes by reason of the actual or perceived employment as a peace officer of another individual, regardless of the existence of any other motivating factor or factors.  LRB104 03622 RLC 13646 b   A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1231 Introduced , by Rep. David Friess 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 Criminal Code of 2012. Provides that a person commits a hate crime if the person commits specified crimes by reason of the actual or perceived employment as a peace officer of another individual, regardless of the existence of any other motivating factor or factors.  LRB104 03622 RLC 13646 b     LRB104 03622 RLC 13646 b   A BILL FOR
104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1231 Introduced , by Rep. David Friess 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
720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1
Amends the Criminal Code of 2012. Provides that a person commits a hate crime if the person commits specified crimes by reason of the actual or perceived employment as a peace officer of another individual, regardless of the existence of any other motivating factor or factors.
LRB104 03622 RLC 13646 b     LRB104 03622 RLC 13646 b
    LRB104 03622 RLC 13646 b
A BILL FOR
HB1231LRB104 03622 RLC 13646 b   HB1231  LRB104 03622 RLC 13646 b
  HB1231  LRB104 03622 RLC 13646 b
1  AN ACT concerning criminal law.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Criminal Code of 2012 is amended by
5  changing Section 12-7.1 as follows:
6  (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
7  Sec. 12-7.1. Hate crime.
8  (a) A person commits hate crime when, by reason of the
9  actual or perceived race, color, creed, religion, ancestry,
10  gender, sexual orientation, physical or mental disability,
11  citizenship, immigration status, or national origin of another
12  individual or group of individuals, or by reason of the actual
13  or perceived employment as a peace officer of another
14  individual, regardless of the existence of any other
15  motivating factor or factors, he or she commits assault,
16  battery, aggravated assault, intimidation, stalking,
17  cyberstalking, misdemeanor theft, criminal trespass to
18  residence, misdemeanor criminal damage to property, criminal
19  trespass to vehicle, criminal trespass to real property, mob
20  action, disorderly conduct, transmission of obscene messages,
21  harassment by telephone, or harassment through electronic
22  communications as these crimes are defined in Sections 12-1,
23  12-2, 12-3(a), 12-7.3, 12-7.5, 16-1, 19-4, 21-1, 21-2, 21-3,

 

104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1231 Introduced , by Rep. David Friess 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
720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1
Amends the Criminal Code of 2012. Provides that a person commits a hate crime if the person commits specified crimes by reason of the actual or perceived employment as a peace officer of another individual, regardless of the existence of any other motivating factor or factors.
LRB104 03622 RLC 13646 b     LRB104 03622 RLC 13646 b
    LRB104 03622 RLC 13646 b
A BILL FOR

 

 

720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1



    LRB104 03622 RLC 13646 b

 

 



 

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1  25-1, 26-1, 26.5-1, 26.5-2, paragraphs (a)(1), (a)(2), and
2  (a)(3) of Section 12-6, and paragraphs (a)(2) and (a)(5) of
3  Section 26.5-3 of this Code, respectively.
4  (b) Except as provided in subsection (b-5), hate crime is
5  a Class 4 felony for a first offense and a Class 2 felony for a
6  second or subsequent offense.
7  (b-5) Hate crime is a Class 3 felony for a first offense
8  and a Class 2 felony for a second or subsequent offense if
9  committed:
10  (1) in, or upon the exterior or grounds of, a church,
11  synagogue, mosque, or other building, structure, or place
12  identified or associated with a particular religion or
13  used for religious worship or other religious purpose;
14  (2) in a cemetery, mortuary, or other facility used
15  for the purpose of burial or memorializing the dead;
16  (3) in a school or other educational facility,
17  including an administrative facility or public or private
18  dormitory facility of or associated with the school or
19  other educational facility;
20  (4) in a public park or an ethnic or religious
21  community center;
22  (5) on the real property comprising any location
23  specified in clauses (1) through (4) of this subsection
24  (b-5); or
25  (6) on a public way within 1,000 feet of the real
26  property comprising any location specified in clauses (1)

 

 

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1  through (4) of this subsection (b-5).
2  (b-10) Upon imposition of any sentence, the trial court
3  shall also either order restitution paid to the victim or
4  impose a fine in an amount to be determined by the court based
5  on the severity of the crime and the injury or damages suffered
6  by the victim. In addition, any order of probation or
7  conditional discharge entered following a conviction or an
8  adjudication of delinquency shall include a condition that the
9  offender perform public or community service of no less than
10  200 hours if that service is established in the county where
11  the offender was convicted of hate crime. In addition, any
12  order of probation or conditional discharge entered following
13  a conviction or an adjudication of delinquency shall include a
14  condition that the offender enroll in an educational program
15  discouraging hate crimes involving the protected class
16  identified in subsection (a) that gave rise to the offense the
17  offender committed. The educational program must be attended
18  by the offender in-person and may be administered, as
19  determined by the court, by a university, college, community
20  college, non-profit organization, the Illinois Holocaust and
21  Genocide Commission, or any other organization that provides
22  educational programs discouraging hate crimes, except that
23  programs administered online or that can otherwise be attended
24  remotely are prohibited. The court may also impose any other
25  condition of probation or conditional discharge under this
26  Section. If the court sentences the offender to imprisonment

 

 

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1  or periodic imprisonment for a violation of this Section, as a
2  condition of the offender's mandatory supervised release, the
3  court shall require that the offender perform public or
4  community service of no less than 200 hours and enroll in an
5  educational program discouraging hate crimes involving the
6  protected class identified in subsection (a) that gave rise to
7  the offense the offender committed.
8  (c) Independent of any criminal prosecution or the result
9  of a criminal prosecution, any person suffering injury to his
10  or her person, damage to his or her property, intimidation as
11  defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section
12  12-6 of this Code, stalking as defined in Section 12-7.3 of
13  this Code, cyberstalking as defined in Section 12-7.5 of this
14  Code, disorderly conduct as defined in paragraph (a)(1),
15  (a)(4), (a)(5), or (a)(6) of Section 26-1 of this Code,
16  transmission of obscene messages as defined in Section 26.5-1
17  of this Code, harassment by telephone as defined in Section
18  26.5-2 of this Code, or harassment through electronic
19  communications as defined in paragraphs (a)(2) and (a)(5) of
20  Section 26.5-3 of this Code as a result of a hate crime may
21  bring a civil action for damages, injunction or other
22  appropriate relief. The court may award actual damages,
23  including damages for emotional distress, as well as punitive
24  damages. The court may impose a civil penalty up to $25,000 for
25  each violation of this subsection (c). A judgment in favor of a
26  person who brings a civil action under this subsection (c)

 

 

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