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92_HB0136enr HB0136 Enrolled LRB9201585RCcd 1 AN ACT in relation to hate crimes. 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 1961 is amended by 5 changing Sections 12-7.1 and 21-1.2 and adding Section 8-2.1 6 as follows: 7 (720 ILCS 5/8-2.1 new) 8 Sec. 8-2.1. Conspiracy against civil rights. 9 (a) Offense. A person commits conspiracy against civil 10 rights when, without legal justification, he or she, with the 11 intent to interfere with the free exercise of any right or 12 privilege secured by the Constitution of the United States, 13 the Constitution of the State of Illinois, the laws of the 14 United States, or the laws of the State of Illinois by any 15 person or persons, agrees with another to inflict physical 16 harm on any other person or the threat of physical harm on 17 any other person and either the accused or a co-conspirator 18 has committed any act in furtherance of that agreement. 19 (b) Co-conspirators. It shall not be a defense to 20 conspiracy against civil rights that a person or persons with 21 whom the accused is alleged to have conspired: 22 (1) has not been prosecuted or convicted; or 23 (2) has been convicted of a different offense; or 24 (3) is not amenable to justice; or 25 (4) has been acquitted; or 26 (5) lacked the capacity to commit an offense. 27 (c) Sentence. Conspiracy against civil rights is a 28 Class 4 felony for a first offense and a Class 2 felony for a 29 second or subsequent offense. 30 (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1) HB0136 Enrolled -2- LRB9201585RCcd 1 Sec. 12-7.1. Hate crime. 2 (a) A person commits hate crime when, by reason of the 3 actual or perceived race, color, creed, religion, ancestry, 4 gender, sexual orientation, physical or mental disability, or 5 national origin of another individual or group of 6 individuals, regardless of the existence of any other 7 motivating factor or factors, he commits assault, battery, 8 aggravated assault, misdemeanor theft, criminal trespass to 9 residence, misdemeanor criminal damage to property, criminal 10 trespass to vehicle, criminal trespass to real property, mob 11 action or disorderly conduct as these crimes are defined in 12 Sections 12-1, 12-2, 12-3, 16-1, 19-4, 21-1, 21-2, 21-3, 13 25-1, and 26-1 of this Code, respectively, or harassment by 14 telephone as defined in Section 1-1 of the Harassing and 15 Obscene Communications Actagainst a victim who is: (i) the16other individual; (ii) a member of the group of individuals;17(iii) a person who has an association with, is married to, or18has a friendship with the other individual or a member of the19group of individuals; or (iv) a relative (by blood or20marriage) of a person described in clause (i), (ii), or21(iii). 22 (b) Except as provided in subsection (b-5), hate crime 23 is a Class 4 felony for a first offense and a Class 2 felony 24 for a second or subsequent offense.Any order of probation25or conditional discharge entered following a conviction for26an offense under this Section shall include, a condition27that the offender perform public or community service of no28less than 200 hours if that service is established in the29county where the offender was convicted of hate crime. In30addition the court may impose any other condition of31probation or conditional discharge under this Section.32 (b-5) Hate crime is a Class 3 felony for a first offense 33 and a Class 2 felony for a second or subsequent offense if 34 committed: HB0136 Enrolled -3- LRB9201585RCcd 1 (1) in a church, synagogue, mosque, or other 2 building, structure, or place used for religious worship 3 or other religious purpose; 4 (2) in a cemetery, mortuary, or other facility used 5 for the purpose of burial or memorializing the dead; 6 (3) in a school or other educational facility; 7 (4) in a public park or an ethnic or religious 8 community center; 9 (5) on the real property comprising any location 10 specified in clauses (1) through (4) of this subsection 11 (b-5); or 12 (6) on a public way within 1,000 feet of the real 13 property comprising any location specified in clauses (1) 14 through (4) of this subsection (b-5). 15 (b-10) Upon imposition of any sentence, the trial court 16 shall also either order restitution paid to the victim or 17 impose a fine up to $1,000. In addition, any order of 18 probation or conditional discharge entered following a 19 conviction or an adjudication of delinquency shall include a 20 condition that the offender perform public or community 21 service of no less than 200 hours if that service is 22 established in the county where the offender was convicted of 23 hate crime. The court may also impose any other condition of 24 probation or conditional discharge under this Section. 25 (c) Independent of any criminal prosecution or the 26 result thereof, any person suffering injury to his person or 27 damage to his property as a result of hate crime may bring a 28 civil action for damages, injunction or other appropriate 29 relief. The court may award actual damages, including damages 30 for emotional distress, or punitive damages. A judgment may 31 include attorney's fees and costs. The parents or legal 32 guardians, other than guardians appointed pursuant to the 33 Juvenile Court Act or the Juvenile Court Act of 1987, of an 34 unemancipated minor shall be liable for the amount of any HB0136 Enrolled -4- LRB9201585RCcd 1 judgment for actual damages rendered against such minor under 2 this subsection (c) in any amount not exceeding the amount 3 provided under Section 5 of the Parental Responsibility Law. 4 (d) "Sexual orientation" means heterosexuality, 5 homosexuality, or bisexuality. 6 (Source: P.A. 89-689, eff. 12-31-96; 90-578, eff. 6-1-98.) 7 (720 ILCS 5/21-1.2) (from Ch. 38, par. 21-1.2) 8 Sec. 21-1.2. Institutional vandalism. 9 (a) A person commits institutional vandalism when, by 10 reason of the actual or perceived race, color, creed, 11 religion or national origin of another individual or group of 12 individuals, regardless of the existence of any other 13 motivating factor or factors, he or she knowingly and without 14 consent inflicts damage to any of the following properties: 15 (1) A church, synagogue, mosque, or other building, 16 structure or place used for religious worship or other 17 religious purpose; 18 (2) A cemetery, mortuary, or other facility used 19 for the purpose of burial or memorializing the dead; 20 (3) A school, educational facility or community 21 center; 22 (4) The grounds adjacent to, and owned or rented 23 by, any institution, facility, building, structure or 24 place described in paragraphs (1), (2) or (3) of this 25 subsection (a); or 26 (5) Any personal property contained in any 27 institution, facility, building, structure or place 28 described in paragraphs (1), (2) or (3) of this 29 subsection (a). 30 (b) Institutional vandalism is a Class 3 felony if the 31 damage to the property does not exceed $300. Institutional 32 vandalism is a Class 2 felony if the damage to the property 33 exceeds $300. Institutional vandalism is a Class 2 felony for HB0136 Enrolled -5- LRB9201585RCcd 1 any second or subsequent offense. 2 (b-5) Upon imposition of any sentence, the trial court 3 shall also either order restitution paid to the victim or 4 impose a fine up to $1,000. In addition, any order of 5 probation or conditional discharge entered following a 6 conviction or an adjudication of delinquency shall include a 7 condition that the offender perform public or community 8 service of no less than 200 hours if that service is 9 established in the county where the offender was convicted of 10 institutional vandalism. The court may also impose any other 11 condition of probation or conditional discharge under this 12 Section. 13 (c) Independent of any criminal prosecution or the 14 result of that prosecution, a person suffering damage to 15 property or injury to his or her person as a result of 16 institutional vandalism may bring a civil action for damages, 17 injunction or other appropriate relief. The court may award 18 actual damages, including damages for emotional distress, or 19 punitive damages. A judgment may include attorney's fees and 20 costs. The parents or legal guardians of an unemancipated 21 minor, other than guardians appointed under the Juvenile 22 Court Act or the Juvenile Court Act of 1987, shall be liable 23 for the amount of any judgment for actual damages rendered 24 against the minor under this subsection(c)in an amount not 25 exceeding the amount provided under Section 5 of the Parental 26 Responsibility Law. 27 (Source: P.A. 88-659.)