Text of IL HB 3640 (2020)

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3640 Introduced , by Rep. Delia C. Ramirez SYNOPSIS AS INTRODUCED: 720 ILCS 5/12-7.1 from Ch. 38, par. 12-7.1 775 ILCS 5/1-101.1 775 ILCS 5/1-102 from Ch. 68, par. 1-102 775 ILCS 5/1-103 from Ch. 68, par. 1-103 775 ILCS 5/3-103 from Ch. 68, par. 3-103 775 ILCS 5/3-106 from Ch. 68, par. 3-106 Amends the Illinois Human Rights Act. Deletes language from the definition of "sexual orientation" concerning gender identity. Provides that "gender identity" means a person's deeply felt, inherent sense of who the person is as a particular gender and that a person's gender identity may be the same or different from the sex of the person assigned at birth. Makes conforming changes. Amends the Criminal Code of 2012. Includes gender identity (rather than just gender) within the definition of a hate crime. Effective immediately. LRB101 07370 LNS 52410 b A BILL FOR HB3640LRB101 07370 LNS 52410 b 1 AN ACT concerning gender identity. 2 Be it enacted by the People of the State of Illinois, 3represented in the General Assembly: 4 Section 5. The Criminal Code of 2012 is amended by changing 5Section 12-7.1 as follows: 6 (720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1) 7 Sec. 12-7.1. Hate crime. 8 (a) A person commits hate crime when, by reason of the 9actual or perceived race, color, creed, religion, ancestry, 10gender identity, sexual orientation, physical or mental 11disability, or national origin of another individual or group 12of individuals, regardless of the existence of any other 13motivating factor or factors, he or she commits assault, 14battery, aggravated assault, intimidation, stalking, 15cyberstalking, misdemeanor theft, criminal trespass to 16residence, misdemeanor criminal damage to property, criminal 17trespass to vehicle, criminal trespass to real property, mob 18action, disorderly conduct, transmission of obscene messages, 19harassment by telephone, or harassment through electronic 20communications as these crimes are defined in Sections 12-1, 2112-2, 12-3(a), 12-7.3, 12-7.5, 16-1, 19-4, 21-1, 21-2, 21-3, 2225-1, 26-1, 26.5-1, 26.5-2, paragraphs (a)(1), (a)(2), and 23(a)(3) of Section 12-6, and paragraphs (a)(2) and (a)(5) of HB3640- 2 -LRB101 07370 LNS 52410 b 1Section 26.5-3 of this Code, respectively. 2 (b) Except as provided in subsection (b-5), hate crime is a 3Class 4 felony for a first offense and a Class 2 felony for a 4second or subsequent offense. 5 (b-5) Hate crime is a Class 3 felony for a first offense 6and a Class 2 felony for a second or subsequent offense if 7committed: 8 (1) in, or upon the exterior or grounds of, a church, 9 synagogue, mosque, or other building, structure, or place 10 identified or associated with a particular religion or used 11 for religious worship or other religious purpose; 12 (2) in a cemetery, mortuary, or other facility used for 13 the purpose of burial or memorializing the dead; 14 (3) in a school or other educational facility, 15 including an administrative facility or public or private 16 dormitory facility of or associated with the school or 17 other educational facility; 18 (4) in a public park or an ethnic or religious 19 community center; 20 (5) on the real property comprising any location 21 specified in clauses (1) through (4) of this subsection 22 (b-5); or 23 (6) on a public way within 1,000 feet of the real 24 property comprising any location specified in clauses (1) 25 through (4) of this subsection (b-5). 26 (b-10) Upon imposition of any sentence, the trial court HB3640- 3 -LRB101 07370 LNS 52410 b 1shall also either order restitution paid to the victim or 2impose a fine in an amount to be determined by the court based 3on the severity of the crime and the injury or damages suffered 4by the victim. In addition, any order of probation or 5conditional discharge entered following a conviction or an 6adjudication of delinquency shall include a condition that the 7offender perform public or community service of no less than 8200 hours if that service is established in the county where 9the offender was convicted of hate crime. In addition, any 10order of probation or conditional discharge entered following a 11conviction or an adjudication of delinquency shall include a 12condition that the offender enroll in an educational program 13discouraging hate crimes involving the protected class 14identified in subsection (a) that gave rise to the offense the 15offender committed. The educational program must be attended by 16the offender in-person and may be administered, as determined 17by the court, by a university, college, community college, 18non-profit organization, the Illinois Holocaust and Genocide 19Commission, or any other organization that provides 20educational programs discouraging hate crimes, except that 21programs administered online or that can otherwise be attended 22remotely are prohibited. The court may also impose any other 23condition of probation or conditional discharge under this 24Section. If the court sentences the offender to imprisonment or 25periodic imprisonment for a violation of this Section, as a 26condition of the offender's mandatory supervised release, the HB3640- 4 -LRB101 07370 LNS 52410 b 1court shall require that the offender perform public or 2community service of no less than 200 hours and enroll in an 3educational program discouraging hate crimes involving the 4protected class identified in subsection (a) that gave rise to 5the offense the offender committed. 6 (c) Independent of any criminal prosecution or the result 7of a criminal prosecution, any person suffering injury to his 8or her person, damage to his or her property, intimidation as 9defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section 1012-6 of this Code, stalking as defined in Section 12-7.3 of 11this Code, cyberstalking as defined in Section 12-7.5 of this 12Code, disorderly conduct as defined in paragraph (a)(1) of 13Section 26-1 of this Code, transmission of obscene messages as 14defined in Section 26.5-1 of this Code, harassment by telephone 15as defined in Section 26.5-2 of this Code, or harassment 16through electronic communications as defined in paragraphs 17(a)(2) and (a)(5) of Section 26.5-3 of this Code as a result of 18a hate crime may bring a civil action for damages, injunction 19or other appropriate relief. The court may award actual 20damages, including damages for emotional distress, as well as 21punitive damages. The court may impose a civil penalty up to 22$25,000 for each violation of this subsection (c). A judgment 23in favor of a person who brings a civil action under this 24subsection (c) shall include attorney's fees and costs. After 25consulting with the local State's Attorney, the Attorney 26General may bring a civil action in the name of the People of HB3640- 5 -LRB101 07370 LNS 52410 b 1the State for an injunction or other equitable relief under 2this subsection (c). In addition, the Attorney General may 3request and the court may impose a civil penalty up to $25,000 4for each violation under this subsection (c). The parents or 5legal guardians, other than guardians appointed pursuant to the 6Juvenile Court Act or the Juvenile Court Act of 1987, of an 7unemancipated minor shall be liable for the amount of any 8judgment for all damages rendered against such minor under this 9subsection (c) in any amount not exceeding the amount provided 10under Section 5 of the Parental Responsibility Law. 11 (d) "Sexual orientation" has the meaning ascribed to it in 12paragraph (O-1) of Section 1-103 of the Illinois Human Rights 13Act. "Gender identity" has the meaning provided in Section 141-103 of the Illinois Human Rights Act. 15(Source: P.A. 99-77, eff. 1-1-16; 100-197, eff. 1-1-18; 16100-260, eff. 1-1-18; 100-863, eff. 8-14-18.) 17 Section 10. The Illinois Human Rights Act is amended by 18changing Sections 1-101.1, 1-102, 1-103, 3-103, and 3-106 as 19follows: 20 (775 ILCS 5/1-101.1) 21 Sec. 1-101.1. Construction. Nothing in this Act shall be 22construed as requiring any employer, employment agency, or 23labor organization to give preferential treatment or special 24rights based on sexual orientation or gender identity or to HB3640- 6 -LRB101 07370 LNS 52410 b 1implement affirmative action policies or programs based on 2sexual orientation or gender identity. 3(Source: P.A. 93-1078, eff. 1-1-06.) 4 (775 ILCS 5/1-102) (from Ch. 68, par. 1-102) 5 Sec. 1-102. Declaration of Policy. It is the public policy 6of this State: 7 (A) Freedom from Unlawful Discrimination. To secure for all 8individuals within Illinois the freedom from discrimination 9against any individual because of his or her race, color, 10religion, sex, national origin, ancestry, age, order of 11protection status, marital status, physical or mental 12disability, military status, sexual orientation, gender 13identity, pregnancy, or unfavorable discharge from military 14service in connection with employment, real estate 15transactions, access to financial credit, and the availability 16of public accommodations. 17 (B) Freedom from Sexual Harassment-Employment and 18Elementary, Secondary, and Higher Education. To prevent sexual 19harassment in employment and sexual harassment in elementary, 20secondary, and higher education. 21 (C) Freedom from Discrimination Based on Citizenship 22Status-Employment. To prevent discrimination based on 23citizenship status in employment. 24 (D) Freedom from Discrimination Based on Familial 25Status-Real Estate Transactions. To prevent discrimination HB3640- 7 -LRB101 07370 LNS 52410 b 1based on familial status in real estate transactions. 2 (E) Public Health, Welfare and Safety. To promote the 3public health, welfare and safety by protecting the interest of 4all people in Illinois in maintaining personal dignity, in 5realizing their full productive capacities, and in furthering 6their interests, rights and privileges as citizens of this 7State. 8 (F) Implementation of Constitutional Guarantees. To secure 9and guarantee the rights established by Sections 17, 18 and 19 10of Article I of the Illinois Constitution of 1970. 11 (G) Equal Opportunity, Affirmative Action. To establish 12Equal Opportunity and Affirmative Action as the policies of 13this State in all of its decisions, programs and activities, 14and to assure that all State departments, boards, commissions 15and instrumentalities rigorously take affirmative action to 16provide equality of opportunity and eliminate the effects of 17past discrimination in the internal affairs of State government 18and in their relations with the public. 19 (H) Unfounded Charges. To protect citizens of this State 20against unfounded charges of unlawful discrimination, sexual 21harassment in employment and sexual harassment in elementary, 22secondary, and higher education, and discrimination based on 23citizenship status in employment. 24(Source: P.A. 98-1050, eff. 1-1-15.) 25 (775 ILCS 5/1-103) (from Ch. 68, par. 1-103) HB3640- 8 -LRB101 07370 LNS 52410 b 1 Sec. 1-103. General definitions. When used in this Act, 2unless the context requires otherwise, the term: 3 (A) Age. "Age" means the chronological age of a person who 4is at least 40 years old, except with regard to any practice 5described in Section 2-102, insofar as that practice concerns 6training or apprenticeship programs. In the case of training or 7apprenticeship programs, for the purposes of Section 2-102, 8"age" means the chronological age of a person who is 18 but not 9yet 40 years old. 10 (B) Aggrieved party. "Aggrieved party" means a person who 11is alleged or proved to have been injured by a civil rights 12violation or believes he or she will be injured by a civil 13rights violation under Article 3 that is about to occur. 14 (C) Charge. "Charge" means an allegation filed with the 15Department by an aggrieved party or initiated by the Department 16under its authority. 17 (D) Civil rights violation. "Civil rights violation" 18includes and shall be limited to only those specific acts set 19forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103, 203-104, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102, 5A-102, 216-101, and 6-102 of this Act. 22 (E) Commission. "Commission" means the Human Rights 23Commission created by this Act. 24 (F) Complaint. "Complaint" means the formal pleading filed 25by the Department with the Commission following an 26investigation and finding of substantial evidence of a civil HB3640- 9 -LRB101 07370 LNS 52410 b 1rights violation. 2 (G) Complainant. "Complainant" means a person including 3the Department who files a charge of civil rights violation 4with the Department or the Commission. 5 (H) Department. "Department" means the Department of Human 6Rights created by this Act. 7 (I) Disability. "Disability" means a determinable physical 8or mental characteristic of a person, including, but not 9limited to, a determinable physical characteristic which 10necessitates the person's use of a guide, hearing or support 11dog, the history of such characteristic, or the perception of 12such characteristic by the person complained against, which may 13result from disease, injury, congenital condition of birth or 14functional disorder and which characteristic: 15 (1) For purposes of Article 2, is unrelated to the 16 person's ability to perform the duties of a particular job 17 or position and, pursuant to Section 2-104 of this Act, a 18 person's illegal use of drugs or alcohol is not a 19 disability; 20 (2) For purposes of Article 3, is unrelated to the 21 person's ability to acquire, rent, or maintain a housing 22 accommodation; 23 (3) For purposes of Article 4, is unrelated to a 24 person's ability to repay; 25 (4) For purposes of Article 5, is unrelated to a 26 person's ability to utilize and benefit from a place of HB3640- 10 -LRB101 07370 LNS 52410 b 1 public accommodation; 2 (5) For purposes of Article 5, also includes any 3 mental, psychological, or developmental disability, 4 including autism spectrum disorders. 5 (J) Marital status. "Marital status" means the legal status 6of being married, single, separated, divorced, or widowed. 7 (J-1) Military status. "Military status" means a person's 8status on active duty in or status as a veteran of the armed 9forces of the United States, status as a current member or 10veteran of any reserve component of the armed forces of the 11United States, including the United States Army Reserve, United 12States Marine Corps Reserve, United States Navy Reserve, United 13States Air Force Reserve, and United States Coast Guard 14Reserve, or status as a current member or veteran of the 15Illinois Army National Guard or Illinois Air National Guard. 16 (K) National origin. "National origin" means the place in 17which a person or one of his or her ancestors was born. 18 (K-5) "Order of protection status" means a person's status 19as being a person protected under an order of protection issued 20pursuant to the Illinois Domestic Violence Act of 1986, Article 21112A of the Code of Criminal Procedure of 1963, the Stalking No 22Contact Order Act, or the Civil No Contact Order Act, or an 23order of protection issued by a court of another state. 24 (L) Person. "Person" includes one or more individuals, 25partnerships, associations or organizations, labor 26organizations, labor unions, joint apprenticeship committees, HB3640- 11 -LRB101 07370 LNS 52410 b 1or union labor associations, corporations, the State of 2Illinois and its instrumentalities, political subdivisions, 3units of local government, legal representatives, trustees in 4bankruptcy or receivers. 5 (L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth, 6or medical or common conditions related to pregnancy or 7childbirth. 8 (M) Public contract. "Public contract" includes every 9contract to which the State, any of its political subdivisions, 10or any municipal corporation is a party. 11 (N) Religion. "Religion" includes all aspects of religious 12observance and practice, as well as belief, except that with 13respect to employers, for the purposes of Article 2, "religion" 14has the meaning ascribed to it in paragraph (F) of Section 152-101. 16 (O) Sex. "Sex" means the status of being male or female. 17 (O-1) Sexual orientation. "Sexual orientation" means 18actual or perceived heterosexuality, homosexuality, or 19bisexuality, or gender-related identity, whether or not 20traditionally associated with the person's designated sex at 21birth. "Sexual orientation" does not include a physical or 22sexual attraction to a minor by an adult. 23 (O-2) Gender identity. "Gender identity" means a person's 24deeply felt, inherent sense of who the person is as a 25particular gender. A person's gender identity may be the same 26or different from the sex of the person assigned at birth. HB3640- 12 -LRB101 07370 LNS 52410 b 1 (P) Unfavorable military discharge. "Unfavorable military 2discharge" includes discharges from the Armed Forces of the 3United States, their Reserve components, or any National Guard 4or Naval Militia which are classified as RE-3 or the equivalent 5thereof, but does not include those characterized as RE-4 or 6"Dishonorable". 7 (Q) Unlawful discrimination. "Unlawful discrimination" 8means discrimination against a person because of his or her 9race, color, religion, national origin, ancestry, age, sex, 10marital status, order of protection status, disability, 11military status, sexual orientation, gender identity, 12pregnancy, or unfavorable discharge from military service as 13those terms are defined in this Section. 14(Source: P.A. 100-714, eff. 1-1-19; revised 10-4-18.) 15 (775 ILCS 5/3-103) (from Ch. 68, par. 3-103) 16 Sec. 3-103. Blockbusting. It is a civil rights violation 17for any person to: 18 (A) Solicitation. Solicit for sale, lease, listing or 19purchase any residential real estate within this State, on the 20grounds of loss of value due to the present or prospective 21entry into the vicinity of the property involved of any person 22or persons of any particular race, color, religion, national 23origin, ancestry, age, sex, sexual orientation, gender 24identity, marital status, familial status or disability. 25 (B) Statements. Distribute or cause to be distributed, HB3640- 13 -LRB101 07370 LNS 52410 b 1written material or statements designed to induce any owner of 2residential real estate in this State to sell or lease his or 3her property because of any present or prospective changes in 4the race, color, religion, national origin, ancestry, age, sex, 5sexual orientation, gender identity, marital status, familial 6status or disability of residents in the vicinity of the 7property involved. 8 (C) Creating Alarm. Intentionally create alarm, among 9residents of any community, by transmitting communications in 10any manner, including a telephone call whether or not 11conversation thereby ensues, with a design to induce any owner 12of residential real estate in this state to sell or lease his 13or her property because of any present or prospective entry 14into the vicinity of the property involved of any person or 15persons of any particular race, color, religion, national 16origin, ancestry, age, sex, sexual orientation, gender 17identity, marital status, familial status or disability. 18(Source: P.A. 97-877, eff. 8-2-12.) 19 (775 ILCS 5/3-106) (from Ch. 68, par. 3-106) 20 Sec. 3-106. Exemptions. Nothing contained in Section 3-102 21shall prohibit: 22 (A) Private Sales of Single Family Homes. 23 (1) Any sale of a single family home by its owner so 24 long as the following criteria are met: 25 (a) The owner does not own or have a beneficial HB3640- 14 -LRB101 07370 LNS 52410 b 1 interest in more than three single family homes at the 2 time of the sale; 3 (b) The owner or a member of his or her family was 4 the last current resident of the home; 5 (c) The home is sold without the use in any manner 6 of the sales or rental facilities or services of any 7 real estate broker or salesman, or of any employee or 8 agent of any real estate broker or salesman; 9 (d) The home is sold without the publication, 10 posting or mailing, after notice, of any advertisement 11 or written notice in violation of paragraph (F) of 12 Section 3-102. 13 (2) This exemption does not apply to paragraph (F) of 14 Section 3-102. 15 (B) Apartments. Rental of a housing accommodation in a 16building which contains housing accommodations for not more 17than 4 families living independently of each other, if the 18owner resides in one of the housing accommodations. This 19exemption does not apply to paragraph (F) of Section 3-102. 20 (C) Private Rooms. Rental of a room or rooms in a private 21home by an owner if he or she or a member of his or her family 22resides therein or, while absent for a period of not more than 23twelve months, if he or she or a member of his or her family 24intends to return to reside therein. 25 (D) Reasonable local, State, or Federal restrictions 26regarding the maximum number of occupants permitted to occupy a HB3640- 15 -LRB101 07370 LNS 52410 b 1dwelling. 2 (E) Religious Organizations. A religious organization, 3association, or society, or any nonprofit institution or 4organization operated, supervised or controlled by or in 5conjunction with a religious organization, association, or 6society, from limiting the sale, rental or occupancy of a 7dwelling which it owns or operates for other than a commercial 8purpose to persons of the same religion, or from giving 9preference to such persons, unless membership in such religion 10is restricted on account of race, color, or national origin. 11 (F) Sex. Restricting the rental of rooms in a housing 12accommodation to persons of one sex. 13 (G) Persons Convicted of Drug-Related Offenses. Conduct 14against a person because such person has been convicted by any 15court of competent jurisdiction of the illegal manufacture or 16distribution of a controlled substance as defined in Section 17102 of the federal Controlled Substances Act (21 U.S.C. 802). 18 (H) Persons engaged in the business of furnishing 19appraisals of real property from taking into consideration 20factors other than those based on unlawful discrimination or 21familial status in furnishing appraisals. 22 (H-1) The owner of an owner-occupied residential building 23with 4 or fewer units (including the unit in which the owner 24resides) from making decisions regarding whether to rent to a 25person based upon that person's sexual orientation or gender 26identity. HB3640- 16 -LRB101 07370 LNS 52410 b 1 (I) Housing for Older Persons. No provision in this Article 2regarding familial status shall apply with respect to housing 3for older persons. 4 (1) As used in this Section, "housing for older 5 persons" means housing: 6 (a) provided under any State or Federal program 7 that the Department determines is specifically 8 designed and operated to assist elderly persons (as 9 defined in the State or Federal program); or 10 (b) intended for, and solely occupied by, persons 11 62 years of age or older; or 12 (c) intended and operated for occupancy by persons 13 55 years of age or older and: 14 (i) at least 80% of the occupied units are 15 occupied by at least one person who is 55 years of 16 age or older; 17 (ii) the housing facility or community 18 publishes and adheres to policies and procedures 19 that demonstrate the intent required under this 20 subdivision (c); and 21 (iii) the housing facility or community 22 complies with rules adopted by the Department for 23 verification of occupancy, which shall: 24 (aa) provide for verification by reliable 25 surveys and affidavits; and 26 (bb) include examples of the types of HB3640- 17 -LRB101 07370 LNS 52410 b 1 policies and procedures relevant to a 2 determination of compliance with the 3 requirement of clause (ii). 4 These surveys and affidavits shall be admissible in 5 administrative and judicial proceedings for the purposes 6 of such verification. 7 (2) Housing shall not fail to meet the requirements for 8 housing for older persons by reason of: 9 (a) persons residing in such housing as of the 10 effective date of this amendatory Act of 1989 who do 11 not meet the age requirements of subsections (1)(b) or 12 (c); provided, that new occupants of such housing meet 13 the age requirements of subsections (1)(b) or (c) of 14 this subsection; or 15 (b) unoccupied units; provided, that such units 16 are reserved for occupancy by persons who meet the age 17 requirements of subsections (1)(b) or (c) of this 18 subsection. 19 (3) (a) A person shall not be held personally liable 20 for monetary damages for a violation of this Article if 21 the person reasonably relied, in good faith, on the 22 application of the exemption under this subsection (I) 23 relating to housing for older persons. 24 (b) For the purposes of this item (3), a person may 25 show good faith reliance on the application of the 26 exemption only by showing that: HB3640- 18 -LRB101 07370 LNS 52410 b 1 (i) the person has no actual knowledge that the 2 facility or community is not, or will not be, 3 eligible for the exemption; and 4 (ii) the facility or community has stated 5 formally, in writing, that the facility or 6 community complies with the requirements for the 7 exemption. 8 (J) Child Sex Offender Refusal to Rent. Refusal of a child 9sex offender who owns and resides at residential real estate to 10rent any residential unit within the same building in which he 11or she resides to a person who is the parent or guardian of a 12child or children under 18 years of age. 13(Source: P.A. 95-42, eff. 8-10-07; 95-820, eff. 1-1-09.) 14 Section 99. Effective date. This Act takes effect upon 15becoming law.