Text of IL HB 3023 (2025)

104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3023 Introduced , by Rep. Margaret Croke SYNOPSIS AS INTRODUCED: New Act Creates the Neighborhood Freedom from Intimidation Act. Creates a private cause of action for persons threatened by intimidation by threat of violence. Provides that if a plaintiff prevails in an action, the court shall award actual damages, including, but not limited to, emotional distress or $10,000 per defendant, whichever is greater. Provides that if a plaintiff prevails in the action, the court shall award the plaintiff reasonable attorney's fees and costs. Exempts statements concerning positions in a labor dispute that are made during otherwise lawful labor picketing. Provides that speech alone may not support an action brought under this Act, except upon a showing of all of the following: (i) the speech itself threatens violence against a specific person or group of persons; (ii) the person or group of persons against whom the threat is directed reasonably fears that, because of the speech, violence will be committed against them or their property; (iii) the person threatening violence is acting in reckless disregard for the threatening nature of the speech; and (iv) the person threatening violence has the apparent ability to carry out the threat. LRB104 10528 JRC 20603 b A BILL FOR HB3023LRB104 10528 JRC 20603 b 1 AN ACT concerning human rights. 2 Be it enacted by the People of the State of Illinois, 3represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5Neighborhood Freedom from Intimidation Act. 6 Section 5. Legislative intent. All persons within the 7jurisdiction of this State have the right to be free from any 8violence or intimidation by threat of violence committed 9against them or their property because of the actual or 10perceived race, color, creed, religion, ancestry, gender, 11sexual orientation, physical or mental disability, 12citizenship, immigration status, or national origin, 13regardless of the existence of any other motivating factor or 14factors. In particular, this Act is to address the rapidly 15growing trend of hate littering incidents in the community, 16deter future incidents, and give victims the recourse needed 17to recover from their trauma as soon as possible. 18 Section 10. Definitions. As used in this Act: 19 "Intimidation by threat of violence" includes, but is not 20limited to, making or threatening to make a claim or report to 21a peace officer or law enforcement agency that falsely alleges 22that another person has engaged in unlawful activity or in an HB3023- 2 -LRB104 10528 JRC 20603 b 1activity that requires law enforcement intervention, knowing 2that the claim or report is false, or with reckless disregard 3for the truth or falsity of the claim or report. "Intimidation 4by threat of violence" also includes, but is not limited to, 5terrorizing the owner or occupant of private property with the 6distribution of materials on the private property, without 7authorization, with the purpose of terrorizing the owner or 8occupant of that private property. 9 "Terrorize" means to cause a person of ordinary emotions 10and sensibilities to fear for personal safety. 11 Section 15. Civil action. 12 (a) This Act creates a private cause of action against any 13person, persons, and groups of persons however organized who 14engage in intimidation by threat of violence another person or 15persons because of the actual or perceived race, color, creed, 16religion, ancestry, gender, sexual orientation, physical or 17mental disability, citizenship, immigration status, or 18national origin of another individual or group of individuals, 19regardless of the existence of any other motivating factor or 20factors. 21 (b) If a plaintiff prevails in this action, the court 22shall award actual damages, including, but not limited to, 23emotional distress or $10,000 per defendant of this Act, 24whichever is greater. 25 (c) If a plaintiff prevails in this action, the court HB3023- 3 -LRB104 10528 JRC 20603 b 1shall award the plaintiff reasonable attorney's fees and 2costs. 3 (d) This Section does not apply to statements concerning 4positions in a labor dispute that are made during otherwise 5lawful labor picketing. 6 Section 20. Exceptions for speech. Speech alone may not 7support an action brought under this Act, except upon a 8showing of all of the following: 9 (1) The speech itself threatens violence against a 10 specific person or group of persons. 11 (2) The person or group of persons against whom the 12 threat is directed reasonably fears that, because of the 13 speech, violence will be committed against them or their 14 property. 15 (3) The person threatening violence is acting in 16 reckless disregard for the threatening nature of the 17 speech. 18 (4) The person threatening violence has the apparent 19 ability to carry out the threat.