Bill Text: IL SB1708 | 2011-2012 | 97th General Assembly | Chaptered
Bill Title: Amends the Criminal Code of 1961. Provides that any order of probation or conditional discharge entered following a conviction or an adjudication of delinquency for hate crime shall include a condition that the offender enroll in an educational program discouraging hate crimes if the offender caused criminal damage to property consisting of religious fixtures, objects, or decorations. Provides that the educational program may be administered, as determined by the court, by a university, college, community college, non-profit organization, or the Holocaust and Genocide Commission. Effective January 1, 2012.
Spectrum: Strong Partisan Bill (Democrat 14-1)
Status: (Passed) 2011-07-21 - Public Act . . . . . . . . . 97-0161 [SB1708 Detail]
Download: Illinois-2011-SB1708-Chaptered.html
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| Public Act 097-0161 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing | ||||
Section 12-7.1 as follows:
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(720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
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Sec. 12-7.1. Hate crime.
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(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, or | ||||
harassment through electronic
communications as defined in | ||||
clauses (a)(2) and (a)(4) of Section 1-2 of the Harassing and
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Obscene Communications Act.
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(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.
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(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:
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(1) in a church, synagogue, mosque, or other building, | ||
structure, or place
used for religious worship or other | ||
religious purpose;
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(2) in a cemetery, mortuary, or other facility used for | ||
the purpose of
burial or memorializing the dead;
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(3) in a school or other educational facility, | ||
including an administrative facility or public or private | ||
dormitory facility of or associated with the school or | ||
other educational facility;
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(4) in a public park or an ethnic or religious | ||
community center;
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(5) on the real property comprising any location | ||
specified in
clauses (1) through (4) of this subsection | ||
(b-5); or
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(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).
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(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. 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 enroll in an educational program | ||
discouraging hate crimes if the offender caused criminal damage
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to property consisting of religious fixtures, objects, or | ||
decorations. The educational program may be administered, as | ||
determined by the court, by a university, college, community | ||
college, non-profit organization, or the Holocaust and | ||
Genocide Commission. Nothing in this subsection (b-10) | ||
prohibits courses discouraging hate crimes from being made | ||
available online. The court may also
impose any other condition | ||
of probation or conditional discharge under this
Section.
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(c) Independent of any criminal prosecution or the result
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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
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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.
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(d) "Sexual orientation" means heterosexuality, | ||
homosexuality,
or bisexuality.
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(Source: P.A. 93-463, eff. 8-8-03; 93-765, eff. 7-19-04; 94-80, | ||
eff. 6-27-05.)
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Section 99. Effective date. This Act takes effect January | ||
1, 2012.
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