Public Act 093-0765
 		





HB4506 Enrolled
LRB093 15912 RLC 41530 b






    AN ACT concerning criminal law.

 
    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 
Section 12-7.1 as follows:
 



    (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, or 
harassment through electronic
communications as defined in 
clause (a)(4) of Section 1-2 of the Harassing and
Obscene 
Communications Act.

    (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.

    (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, 
    including an administrative facility or public or private 
    dormitory facility of or associated with the 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. 92-830, eff. 1-1-03; 93-463, eff. 8-8-03.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.