Bill Text: IL HB3711 | 2017-2018 | 100th General Assembly | Chaptered

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Bill Title: Amends the Criminal Code of 2012. Provides that a person also 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 or she commits intimidation, stalking, cyberstalking, or transmission of obscene messages. Provides that independent of any criminal prosecution or the result of a criminal prosecution, any person suffering intimidation, stalking, cyberstalking, disorderly conduct, transmission of obscene messages, harassment by telephone, or harassment through electronic communications may bring a civil action for damages, injunction or other appropriate relief. Provides that the Attorney General may bring an action for civil damages for a hate crime in the name of the People of the State. Provides that the court shall impose a civil penalty of $25,000 for each violation of the hate crime statute.

Spectrum: Partisan Bill (Democrat 41-0)

Status: (Passed) 2017-08-18 - Public Act . . . . . . . . . 100-0197 [HB3711 Detail]

Download: Illinois-2017-HB3711-Chaptered.html

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Public Act 100-0197
HB3711 Enrolled LRB100 08058 RLC 21790 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 2012 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 or she commits assault, battery, aggravated
assault, intimidation, stalking, cyberstalking, misdemeanor
theft, criminal trespass to residence, misdemeanor criminal
damage to property, criminal trespass to vehicle, criminal
trespass to real property, mob action, disorderly conduct,
transmission of obscene messages, harassment by telephone, or
harassment through electronic communications as these crimes
are defined in Sections 12-1, 12-2, 12-3(a), 12-7.3, 12-7.5,
16-1, 19-4, 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-1, 26.5-2,
paragraphs (a)(1), (a)(2), and (a)(3) of Section 12-6, and
paragraphs (a)(2) and (a)(5) of Section 26.5-3 of this Code,

respectively.
(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. 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
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.
(c) Independent of any criminal prosecution or the result
of a criminal prosecution thereof, any person suffering injury
to his or her person, or damage to his or her property,
intimidation as defined in paragraphs (a)(1), (a)(2), and
(a)(3) of Section 12-6 of this Code, stalking as defined in
Section 12-7.3 of this Code, cyberstalking as defined in
Section 12-7.5 of this Code, disorderly conduct as defined in
paragraph (a)(1) of Section 26-1 of this Code, transmission of

obscene messages as defined in Section 26.5-1 of this Code,
harassment by telephone as defined in Section 26.5-2 of this
Code, or harassment through electronic communications as
defined in paragraphs (a)(2) and (a)(5) of Section 26.5-3 of
this Code 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. The court may impose a civil
penalty up to $25,000 for each violation of this subsection
(c). A judgment may include attorney's fees and costs. After
consulting with the local State's Attorney, the Attorney
General may bring a civil action in the name of the People of
the State for an injunction or other equitable relief under
this subsection (c). In addition, the Attorney General may
request and the court may impose a civil penalty up to $25,000
for each violation under this subsection (c). 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" has the meaning ascribed to it in
paragraph (O-1) of Section 1-103 of the Illinois Human Rights
Act.
(Source: P.A. 99-77, eff. 1-1-16.)