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Public Act 099-0077
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| HB3930 Enrolled | LRB099 10134 RLC 30357 b |
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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 2012 is amended by changing |
Sections 12-7.1 and 21-1.2 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, disorderly |
conduct, harassment by telephone, or harassment through |
electronic
communications as these crimes are defined in |
Sections 12-1,
12-2, 12-3(a), 16-1, 19-4, 21-1, 21-2, 21-3, |
25-1, 26-1, 26.5-2, and paragraphs (a)(2) and (a)(5) of Section |
26.5-3 of this Code,
respectively.
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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 |
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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 |
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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) |
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in any amount not exceeding the amount provided under
Section 5 |
of the Parental Responsibility Law.
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(d) "Sexual orientation" has the meaning ascribed to it in |
paragraph (O-1) of Section 1-103 of the Illinois Human Rights |
Act means heterosexuality, homosexuality,
or bisexuality.
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(Source: P.A. 96-1551, eff. 7-1-11; 97-161, eff. 1-1-12; |
97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13.)
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(720 ILCS 5/21-1.2) (from Ch. 38, par. 21-1.2)
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Sec. 21-1.2. Institutional vandalism.
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(a) A person commits institutional vandalism 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
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motivating factor or factors, he or she knowingly and without |
consent
inflicts damage to any of the following properties:
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(1) A church, synagogue, mosque, or other building, |
structure or place
used for religious worship or other |
religious purpose;
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(2) A cemetery, mortuary, or other facility used for |
the
purpose of burial or memorializing the dead;
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(3) A school, educational facility or community |
center;
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(4) The grounds adjacent to, and owned or rented by, |
any institution,
facility, building, structure or place |
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described in paragraphs (1), (2)
or (3) of this subsection |
(a); or
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(5) Any personal property contained in any |
institution, facility,
building, structure or place |
described in paragraphs (1), (2) or (3) of this
subsection
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(a).
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(b) Sentence. |
(1) Institutional vandalism is a Class 3 felony when |
the damage to the
property does not exceed $300. |
Institutional vandalism is a Class 2 felony
when the damage |
to the property exceeds $300.
Institutional vandalism is a |
Class 2 felony for any second or subsequent
offense.
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(2) 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 institutional vandalism. The
court may also impose any |
other condition of probation or conditional discharge
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under this Section.
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(c) Independent of any criminal prosecution or the result |
of that
prosecution, a person suffering damage to property or |
injury to his or her
person as a result of institutional |
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vandalism 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
of an unemancipated minor, other than |
guardians appointed under the Juvenile
Court Act or the |
Juvenile Court Act of 1987, shall be liable for the amount of
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any judgment for actual damages rendered against the minor |
under this
subsection in an amount not exceeding the amount |
provided under Section
5
of the Parental Responsibility Law.
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(d) As used in this Section, "sexual orientation" has the |
meaning ascribed to it in paragraph (O-1) of Section 1-103 of |
the Illinois Human Rights Act. |
(Source: P.A. 97-1108, eff. 1-1-13.)
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Section 10. The Unified Code of Corrections is amended by |
changing Section 5-5-3.2 as follows:
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(730 ILCS 5/5-5-3.2)
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Sec. 5-5-3.2. Factors in Aggravation and Extended-Term |
Sentencing.
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(a) The following factors shall be accorded weight in favor |
of
imposing a term of imprisonment or may be considered by the |
court as reasons
to impose a more severe sentence under Section |
5-8-1 or Article 4.5 of Chapter V:
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(1) the defendant's conduct caused or threatened |
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serious harm;
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(2) the defendant received compensation for committing |
the offense;
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(3) the defendant has a history of prior delinquency or |
criminal activity;
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(4) the defendant, by the duties of his office or by |
his position,
was obliged to prevent the particular offense |
committed or to bring
the offenders committing it to |
justice;
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(5) the defendant held public office at the time of the |
offense,
and the offense related to the conduct of that |
office;
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(6) the defendant utilized his professional reputation |
or
position in the community to commit the offense, or to |
afford
him an easier means of committing it;
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(7) the sentence is necessary to deter others from |
committing
the same crime;
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(8) the defendant committed the offense against a |
person 60 years of age
or older or such person's property;
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(9) the defendant committed the offense against a |
person who is
physically handicapped or such person's |
property;
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(10) by reason of another individual's actual or |
perceived race, color,
creed, religion, ancestry, gender, |
sexual orientation, physical or mental
disability, or |
national origin, the defendant committed the offense |
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against (i)
the person or property
of that individual; (ii) |
the person or property of a person who has an
association |
with, is married to, or has a friendship with the other |
individual;
or (iii) the person or property of a relative |
(by blood or marriage) of a
person described in clause (i) |
or (ii). For the purposes of this Section,
"sexual |
orientation" has the meaning ascribed to it in paragraph |
(O-1) of Section 1-103 of the Illinois Human Rights Act |
means heterosexuality, homosexuality, or bisexuality;
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(11) the offense took place in a place of worship or on |
the
grounds of a place of worship, immediately prior to, |
during or immediately
following worship services. For |
purposes of this subparagraph, "place of
worship" shall |
mean any church, synagogue or other building, structure or
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place used primarily for religious worship;
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(12) the defendant was convicted of a felony committed |
while he was
released on bail or his own recognizance |
pending trial for a prior felony
and was convicted of such |
prior felony, or the defendant was convicted of a
felony |
committed while he was serving a period of probation,
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conditional discharge, or mandatory supervised release |
under subsection (d)
of Section 5-8-1
for a prior felony;
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(13) the defendant committed or attempted to commit a |
felony while he
was wearing a bulletproof vest. For the |
purposes of this paragraph (13), a
bulletproof vest is any |
device which is designed for the purpose of
protecting the |
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wearer from bullets, shot or other lethal projectiles;
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(14) the defendant held a position of trust or |
supervision such as, but
not limited to, family member as |
defined in Section 11-0.1 of the Criminal Code
of 2012, |
teacher, scout leader, baby sitter, or day care worker, in
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relation to a victim under 18 years of age, and the |
defendant committed an
offense in violation of Section |
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, |
11-14.4 except for an offense that involves keeping a place |
of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
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11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 |
or 12-16 of the Criminal Code of 1961 or the Criminal Code |
of 2012
against
that victim;
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(15) the defendant committed an offense related to the |
activities of an
organized gang. For the purposes of this |
factor, "organized gang" has the
meaning ascribed to it in |
Section 10 of the Streetgang Terrorism Omnibus
Prevention |
Act;
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(16) the defendant committed an offense in violation of |
one of the
following Sections while in a school, regardless |
of the time of day or time of
year; on any conveyance |
owned, leased, or contracted by a school to transport
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students to or from school or a school related activity; on |
the real property
of a school; or on a public way within |
1,000 feet of the real property
comprising any school: |
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, |
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11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
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11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, |
12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, |
18-2, or 33A-2, or Section 12-3.05 except for subdivision |
(a)(4) or (g)(1), of the Criminal Code of
1961 or the |
Criminal Code of 2012;
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(16.5) the defendant committed an offense in violation |
of one of the
following Sections while in a day care |
center, regardless of the time of day or
time of year; on |
the real property of a day care center, regardless of the |
time
of day or time of year; or on a public
way within |
1,000 feet of the real property comprising any day care |
center,
regardless of the time of day or time of year:
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Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, |
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, |
11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, |
12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, |
18-2, or 33A-2, or Section 12-3.05 except for subdivision |
(a)(4) or (g)(1), of the Criminal
Code of 1961 or the |
Criminal Code of 2012;
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(17) the defendant committed the offense by reason of |
any person's
activity as a community policing volunteer or |
to prevent any person from
engaging in activity as a |
community policing volunteer. For the purpose of
this |
Section, "community policing volunteer" has the meaning |
ascribed to it in
Section 2-3.5 of the Criminal Code of |
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2012;
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(18) the defendant committed the offense in a nursing |
home or on the
real
property comprising a nursing home. For |
the purposes of this paragraph (18),
"nursing home" means a |
skilled nursing
or intermediate long term care facility |
that is subject to license by the
Illinois Department of |
Public Health under the Nursing Home Care
Act, the |
Specialized Mental Health Rehabilitation Act of 2013, or |
the ID/DD Community Care Act;
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(19) the defendant was a federally licensed firearm |
dealer
and
was
previously convicted of a violation of |
subsection (a) of Section 3 of the
Firearm Owners |
Identification Card Act and has now committed either a |
felony
violation
of the Firearm Owners Identification Card |
Act or an act of armed violence while
armed
with a firearm; |
(20) the defendant (i) committed the offense of |
reckless homicide under Section 9-3 of the Criminal Code of |
1961 or the Criminal Code of 2012 or the offense of driving |
under the influence of alcohol, other drug or
drugs, |
intoxicating compound or compounds or any combination |
thereof under Section 11-501 of the Illinois Vehicle Code |
or a similar provision of a local ordinance and (ii) was |
operating a motor vehicle in excess of 20 miles per hour |
over the posted speed limit as provided in Article VI of |
Chapter 11 of the Illinois Vehicle Code;
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(21) the defendant (i) committed the offense of |
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reckless driving or aggravated reckless driving under |
Section 11-503 of the Illinois Vehicle Code and (ii) was |
operating a motor vehicle in excess of 20 miles per hour |
over the posted speed limit as provided in Article VI of |
Chapter 11 of the Illinois Vehicle Code; |
(22) the defendant committed the offense against a |
person that the defendant knew, or reasonably should have |
known, was a member of the Armed Forces of the United |
States serving on active duty. For purposes of this clause |
(22), the term "Armed Forces" means any of the Armed Forces |
of the United States, including a member of any reserve |
component thereof or National Guard unit called to active |
duty;
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(23)
the defendant committed the offense against a |
person who was elderly, disabled, or infirm by taking |
advantage of a family or fiduciary relationship with the |
elderly, disabled, or infirm person;
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(24)
the defendant committed any offense under Section |
11-20.1 of the Criminal Code of 1961 or the Criminal Code |
of 2012 and possessed 100 or more images;
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(25) the defendant committed the offense while the |
defendant or the victim was in a train, bus, or other |
vehicle used for public transportation; |
(26) the defendant committed the offense of child |
pornography or aggravated child pornography, specifically |
including paragraph (1), (2), (3), (4), (5), or (7) of |
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subsection (a) of Section 11-20.1 of the Criminal Code of |
1961 or the Criminal Code of 2012 where a child engaged in, |
solicited for, depicted in, or posed in any act of sexual |
penetration or bound, fettered, or subject to sadistic, |
masochistic, or sadomasochistic abuse in a sexual context |
and specifically including paragraph (1), (2), (3), (4), |
(5), or (7) of subsection (a) of Section 11-20.1B or |
Section 11-20.3 of the Criminal Code of 1961 where a child |
engaged in, solicited for, depicted in, or posed in any act |
of sexual penetration or bound, fettered, or subject to |
sadistic, masochistic, or sadomasochistic abuse in a |
sexual context; |
(27) the defendant committed the offense of first |
degree murder, assault, aggravated assault, battery, |
aggravated battery, robbery, armed robbery, or aggravated |
robbery against a person who was a veteran and the |
defendant knew, or reasonably should have known, that the |
person was a veteran performing duties as a representative |
of a veterans' organization. For the purposes of this |
paragraph (27), "veteran" means an Illinois resident who |
has served as a member of the United States Armed Forces, a |
member of the Illinois National Guard, or a member of the |
United States Reserve Forces; and "veterans' organization" |
means an organization comprised of members of
which |
substantially all are individuals who are veterans or |
spouses,
widows, or widowers of veterans, the primary |
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purpose of which is to
promote the welfare of its members |
and to provide assistance to the general
public in such a |
way as to confer a public benefit; or |
(28) the defendant committed the offense of assault, |
aggravated assault, battery, aggravated battery, robbery, |
armed robbery, or aggravated robbery against a person that |
the defendant knew or reasonably should have known was a |
letter carrier or postal worker while that person was |
performing his or her duties delivering mail for the United |
States Postal Service. |
For the purposes of this Section:
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"School" is defined as a public or private
elementary or |
secondary school, community college, college, or university.
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"Day care center" means a public or private State certified |
and
licensed day care center as defined in Section 2.09 of the |
Child Care Act of
1969 that displays a sign in plain view |
stating that the
property is a day care center.
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"Public transportation" means the transportation
or |
conveyance of persons by means available to the general public, |
and includes paratransit services. |
(b) The following factors, related to all felonies, may be |
considered by the court as
reasons to impose an extended term |
sentence under Section 5-8-2
upon any offender:
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(1) When a defendant is convicted of any felony, after |
having
been previously convicted in Illinois or any other |
jurisdiction of the
same or similar class felony or greater |
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class felony, when such conviction
has occurred within 10 |
years after the
previous conviction, excluding time spent |
in custody, and such charges are
separately brought and |
tried and arise out of different series of acts; or
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(2) When a defendant is convicted of any felony and the |
court
finds that the offense was accompanied by |
exceptionally brutal
or heinous behavior indicative of |
wanton cruelty; or
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(3) When a defendant is convicted of any felony |
committed against:
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(i) a person under 12 years of age at the time of |
the offense or such
person's property;
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(ii) a person 60 years of age or older at the time |
of the offense or
such person's property; or
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(iii) a person physically handicapped at the time |
of the offense or
such person's property; or
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(4) When a defendant is convicted of any felony and the |
offense
involved any of the following types of specific |
misconduct committed as
part of a ceremony, rite, |
initiation, observance, performance, practice or
activity |
of any actual or ostensible religious, fraternal, or social |
group:
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(i) the brutalizing or torturing of humans or |
animals;
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(ii) the theft of human corpses;
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(iii) the kidnapping of humans;
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(iv) the desecration of any cemetery, religious, |
fraternal, business,
governmental, educational, or |
other building or property; or
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(v) ritualized abuse of a child; or
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(5) When a defendant is convicted of a felony other |
than conspiracy and
the court finds that
the felony was |
committed under an agreement with 2 or more other persons
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to commit that offense and the defendant, with respect to |
the other
individuals, occupied a position of organizer, |
supervisor, financier, or any
other position of management |
or leadership, and the court further finds that
the felony |
committed was related to or in furtherance of the criminal
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activities of an organized gang or was motivated by the |
defendant's leadership
in an organized gang; or
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(6) When a defendant is convicted of an offense |
committed while using a firearm with a
laser sight attached |
to it. For purposes of this paragraph, "laser sight"
has |
the meaning ascribed to it in Section 26-7 of the Criminal |
Code of
2012; or
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(7) When a defendant who was at least 17 years of age |
at the
time of
the commission of the offense is convicted |
of a felony and has been previously
adjudicated a |
delinquent minor under the Juvenile Court Act of 1987 for |
an act
that if committed by an adult would be a Class X or |
Class 1 felony when the
conviction has occurred within 10 |
years after the previous adjudication,
excluding time |
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spent in custody; or
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(8) When a defendant commits any felony and the |
defendant used, possessed, exercised control over, or |
otherwise directed an animal to assault a law enforcement |
officer engaged in the execution of his or her official |
duties or in furtherance of the criminal activities of an |
organized gang in which the defendant is engaged; or
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(9) When a defendant commits any felony and the |
defendant knowingly video or audio records the offense with |
the intent to disseminate the recording. |
(c) The following factors may be considered by the court as |
reasons to impose an extended term sentence under Section 5-8-2 |
(730 ILCS 5/5-8-2) upon any offender for the listed offenses: |
(1) When a defendant is convicted of first degree |
murder, after having been previously convicted in Illinois |
of any offense listed under paragraph (c)(2) of Section |
5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred |
within 10 years after the previous conviction, excluding |
time spent in custody, and the charges are separately |
brought and tried and arise out of different series of |
acts. |
(1.5) When a defendant is convicted of first degree |
murder, after having been previously convicted of domestic |
battery (720 ILCS 5/12-3.2) or aggravated domestic battery |
(720 ILCS 5/12-3.3) committed on the same victim or after |
having been previously convicted of violation of an order |
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of protection (720 ILCS 5/12-30) in which the same victim |
was the protected person. |
(2) When a defendant is convicted of voluntary |
manslaughter, second degree murder, involuntary |
manslaughter, or reckless homicide in which the defendant |
has been convicted of causing the death of more than one |
individual. |
(3) When a defendant is convicted of aggravated |
criminal sexual assault or criminal sexual assault, when |
there is a finding that aggravated criminal sexual assault |
or criminal sexual assault was also committed on the same |
victim by one or more other individuals, and the defendant |
voluntarily participated in the crime with the knowledge of |
the participation of the others in the crime, and the |
commission of the crime was part of a single course of |
conduct during which there was no substantial change in the |
nature of the criminal objective. |
(4) If the victim was under 18 years of age at the time |
of the commission of the offense, when a defendant is |
convicted of aggravated criminal sexual assault or |
predatory criminal sexual assault of a child under |
subsection (a)(1) of Section 11-1.40 or subsection (a)(1) |
of Section 12-14.1 of the Criminal Code of 1961 or the |
Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). |
(5) When a defendant is convicted of a felony violation |
of Section 24-1 of the Criminal Code of 1961 or the |
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Criminal Code of 2012 (720 ILCS 5/24-1) and there is a |
finding that the defendant is a member of an organized |
gang. |
(6) When a defendant was convicted of unlawful use of |
weapons under Section 24-1 of the Criminal Code of 1961 or |
the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing |
a weapon that is not readily distinguishable as one of the |
weapons enumerated in Section 24-1 of the Criminal Code of |
1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). |
(7) When a defendant is convicted of an offense |
involving the illegal manufacture of a controlled |
substance under Section 401 of the Illinois Controlled |
Substances Act (720 ILCS 570/401), the illegal manufacture |
of methamphetamine under Section 25 of the Methamphetamine |
Control and Community Protection Act (720 ILCS 646/25), or |
the illegal possession of explosives and an emergency |
response officer in the performance of his or her duties is |
killed or injured at the scene of the offense while |
responding to the emergency caused by the commission of the |
offense. In this paragraph, "emergency" means a situation |
in which a person's life, health, or safety is in jeopardy; |
and "emergency response officer" means a peace officer, |
community policing volunteer, fireman, emergency medical |
technician-ambulance, emergency medical |
technician-intermediate, emergency medical |
technician-paramedic, ambulance driver, other medical |
|
assistance or first aid personnel, or hospital emergency |
room personnel.
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(8) When the defendant is convicted of attempted mob |
action, solicitation to commit mob action, or conspiracy to |
commit mob action under Section 8-1, 8-2, or 8-4 of the |
Criminal Code of 2012, where the criminal object is a |
violation of Section 25-1 of the Criminal Code of 2012, and |
an electronic communication is used in the commission of |
the offense. For the purposes of this paragraph (8), |
"electronic communication" shall have the meaning provided |
in Section 26.5-0.1 of the Criminal Code of 2012. |
(d) For the purposes of this Section, "organized gang" has |
the meaning
ascribed to it in Section 10 of the Illinois |
Streetgang Terrorism Omnibus
Prevention Act.
|
(e) The court may impose an extended term sentence under |
Article 4.5 of Chapter V upon an offender who has been |
convicted of a felony violation of Section 11-1.20, 11-1.30, |
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or |
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 |
when the victim of the offense is under 18 years of age at the |
time of the commission of the offense and, during the |
commission of the offense, the victim was under the influence |
of alcohol, regardless of whether or not the alcohol was |
supplied by the offender; and the offender, at the time of the |
commission of the offense, knew or should have known that the |
victim had consumed alcohol. |