104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1437 Introduced 1/31/2025, by Sen. Adriane Johnson 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 hate crime when, by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status, or national origin of another individual or group of individuals, regardless of the existence of any other motivating factor or factors the person displays or causes to be displayed, on public or private property, a burning cross, a Nazi swastika, or a noose, with the intent to intimidate a person or group of persons or incite violence against a person or group of persons. Provides that the provisions of the amendatory Act are severable under the Statute on Statutes. LRB104 08041 RLC 18087 b A BILL FOR 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1437 Introduced 1/31/2025, by Sen. Adriane Johnson 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 hate crime when, by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status, or national origin of another individual or group of individuals, regardless of the existence of any other motivating factor or factors the person displays or causes to be displayed, on public or private property, a burning cross, a Nazi swastika, or a noose, with the intent to intimidate a person or group of persons or incite violence against a person or group of persons. Provides that the provisions of the amendatory Act are severable under the Statute on Statutes. LRB104 08041 RLC 18087 b LRB104 08041 RLC 18087 b A BILL FOR
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1437 Introduced 1/31/2025, by Sen. Adriane Johnson 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 hate crime when, by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status, or national origin of another individual or group of individuals, regardless of the existence of any other motivating factor or factors the person displays or causes to be displayed, on public or private property, a burning cross, a Nazi swastika, or a noose, with the intent to intimidate a person or group of persons or incite violence against a person or group of persons. Provides that the provisions of the amendatory Act are severable under the Statute on Statutes.
LRB104 08041 RLC 18087 b LRB104 08041 RLC 18087 b
LRB104 08041 RLC 18087 b
A BILL FOR
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SB1437 LRB104 08041 RLC 18087 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, regardless of the
13 existence of any other motivating factor or factors: , he or
14 she
15 (1) The person commits assault, battery, aggravated
16 assault, intimidation, stalking, cyberstalking,
17 misdemeanor theft, criminal trespass to residence,
18 misdemeanor criminal damage to property, criminal trespass
19 to vehicle, criminal trespass to real property, mob
20 action, disorderly conduct, transmission of obscene
21 messages, harassment by telephone, or harassment through
22 electronic communications as these crimes are defined in
23 Sections 12-1, 12-2, 12-3(a), 12-7.3, 12-7.5, 16-1, 19-4,
104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB1437 Introduced 1/31/2025, by Sen. Adriane Johnson 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 hate crime when, by reason of the actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, citizenship, immigration status, or national origin of another individual or group of individuals, regardless of the existence of any other motivating factor or factors the person displays or causes to be displayed, on public or private property, a burning cross, a Nazi swastika, or a noose, with the intent to intimidate a person or group of persons or incite violence against a person or group of persons. Provides that the provisions of the amendatory Act are severable under the Statute on Statutes.
LRB104 08041 RLC 18087 b LRB104 08041 RLC 18087 b
LRB104 08041 RLC 18087 b
A BILL FOR
720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1
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1 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-1, 26.5-2, paragraphs
2 (a)(1), (a)(2), and (a)(3) of Section 12-6, and paragraphs
3 (a)(2) and (a)(5) of Section 26.5-3 of this Code,
4 respectively.
5 (2) The person displays or causes to be displayed, on
6 public or private property, a burning cross, a Nazi
7 swastika, or a noose, with the intent to intimidate a
8 person or group of persons or incite violence against a
9 person or group of persons.
10 (b) Except as provided in subsection (b-5), hate crime is
11 a Class 4 felony for a first offense and a Class 2 felony for a
12 second or subsequent offense.
13 (b-5) Hate crime is a Class 3 felony for a first offense
14 and a Class 2 felony for a second or subsequent offense if
15 committed:
16 (1) in, or upon the exterior or grounds of, a church,
17 synagogue, mosque, or other building, structure, or place
18 identified or associated with a particular religion or
19 used for religious worship or other religious purpose;
20 (2) in a cemetery, mortuary, or other facility used
21 for the purpose of burial or memorializing the dead;
22 (3) in a school or other educational facility,
23 including an administrative facility or public or private
24 dormitory facility of or associated with the school or
25 other educational facility;
26 (4) in a public park or an ethnic or religious
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1 community center;
2 (5) on the real property comprising any location
3 specified in clauses (1) through (4) of this subsection
4 (b-5); or
5 (6) on a public way within 1,000 feet of the real
6 property comprising any location specified in clauses (1)
7 through (4) of this subsection (b-5).
8 (b-10) Upon imposition of any sentence, the trial court
9 shall also either order restitution paid to the victim or
10 impose a fine in an amount to be determined by the court based
11 on the severity of the crime and the injury or damages suffered
12 by the victim. In addition, any order of probation or
13 conditional discharge entered following a conviction or an
14 adjudication of delinquency shall include a condition that the
15 offender perform public or community service of no less than
16 200 hours if that service is established in the county where
17 the offender was convicted of hate crime. In addition, any
18 order of probation or conditional discharge entered following
19 a conviction or an adjudication of delinquency shall include a
20 condition that the offender enroll in an educational program
21 discouraging hate crimes involving the protected class
22 identified in subsection (a) that gave rise to the offense the
23 offender committed. The educational program must be attended
24 by the offender in-person and may be administered, as
25 determined by the court, by a university, college, community
26 college, non-profit organization, the Illinois Holocaust and
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1 Genocide Commission, or any other organization that provides
2 educational programs discouraging hate crimes, except that
3 programs administered online or that can otherwise be attended
4 remotely are prohibited. The court may also impose any other
5 condition of probation or conditional discharge under this
6 Section. If the court sentences the offender to imprisonment
7 or periodic imprisonment for a violation of this Section, as a
8 condition of the offender's mandatory supervised release, the
9 court shall require that the offender perform public or
10 community service of no less than 200 hours and enroll in an
11 educational program discouraging hate crimes involving the
12 protected class identified in subsection (a) that gave rise to
13 the offense the offender committed.
14 (c) Independent of any criminal prosecution or the result
15 of a criminal prosecution, any person suffering injury to his
16 or her person, damage to his or her property, intimidation as
17 defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section
18 12-6 of this Code, stalking as defined in Section 12-7.3 of
19 this Code, cyberstalking as defined in Section 12-7.5 of this
20 Code, disorderly conduct as defined in paragraph (a)(1),
21 (a)(4), (a)(5), or (a)(6) of Section 26-1 of this Code,
22 transmission of obscene messages as defined in Section 26.5-1
23 of this Code, harassment by telephone as defined in Section
24 26.5-2 of this Code, or harassment through electronic
25 communications as defined in paragraphs (a)(2) and (a)(5) of
26 Section 26.5-3 of this Code as a result of a hate crime may
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1 bring a civil action for damages, injunction or other
2 appropriate relief. The court may award actual damages,
3 including damages for emotional distress, as well as punitive
4 damages. The court may impose a civil penalty up to $25,000 for
5 each violation of this subsection (c). A judgment in favor of a
6 person who brings a civil action under this subsection (c)
7 shall include attorney's fees and costs. After consulting with
8 the local State's Attorney, the Attorney General may bring a
9 civil action in the name of the People of the State for an
10 injunction or other equitable relief under this subsection
11 (c). In addition, the Attorney General may request and the
12 court may impose a civil penalty up to $25,000 for each
13 violation under this subsection (c). The parents or legal
14 guardians, other than guardians appointed pursuant to the
15 Juvenile Court Act or the Juvenile Court Act of 1987, of an
16 unemancipated minor shall be liable for the amount of any
17 judgment for all damages rendered against such minor under
18 this subsection (c) in any amount not exceeding the amount
19 provided under Section 5 of the Parental Responsibility Law.
20 (d) "Sexual orientation" has the meaning ascribed to it in
21 paragraph (O-1) of Section 1-103 of the Illinois Human Rights
22 Act.
23 (e) The provisions of this amendatory Act of the 104th
24 General Assembly are severable under Section 1.31 of the
25 Statute on Statutes.
26 (Source: P.A. 102-235, eff. 1-1-22; 102-468, eff. 1-1-22;
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