IL HB3262

Hate crime is committed when any of 16 specified crimes are committed because of a person's actual or perceived race, color, creed, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin.

Hate crime is a Class 4 felony for a first offense and Class 2 felony for subsequent offenses; increased to Class 3 felony for first offense when committed at or near religious buildings, cemeteries, schools, public parks, ethnic or religious community centers, or within 1,000 feet of such locations.

Courts must impose restitution or fines, require at least 200 hours of community service, and mandate enrollment in an educational program discouraging hate crimes as conditions of probation or conditional discharge.

Victims of hate crimes may bring civil actions seeking actual damages (including emotional distress), punitive damages, and civil penalties up to $25,000 per violation, with attorney's fees and costs awarded to prevailing plaintiffs.

The Attorney General may bring civil actions for injunctions or equitable relief and request civil penalties up to $25,000; parents or legal guardians of unemancipated minors are liable for damages under parental responsibility law limits.