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posted on 7/22/16

A Chicago Alderman wants to amend the Municipal Code and broaden the hate crime law to include police officers and first responders. It is already illegal to commit most crimes that are motivated by “race, religion, color, national origin, active or prior military status, or ancestry.” A proposal from 14th Ward Alderman Edward Burke would add “past or current employment as a law enforcement officer, firefighter, or an emergency medical services provider” to the existing law. The so-called Blue Lives Matter bill also makes it illegal to show “animosity or hostility” toward police officers and first responders. Opponents of the measure call it overly broad and point out that assaulting a peace officer is already a serious felony.

This move comes about a month after Louisiana lawmakers enacted the nation’s first Blue Lives Matter law; legislators in Wisconsin and Pennsylvania are considering similar measures.

Hate Crimes in Illinois

Last year, Governor Rauner signed an enhanced hate crimes law that increased the number of protected categories and also added new protected locations to the existing law. This measure automatically bumps up a wide range of offenses, including assault, criminal trespass, battery, disorderly conduct, mob action, and harassment, to a Class 4 felony (Class 2 felony if it is a subsequent infraction) if the defendant singled out the victim because of actual or perceived “race, color, creed, religion, ancestry, gender, sexual orientation [a phrase that specifically includes gender identity], physical or mental disability, or national origin.”

It is not a defense that the defendant had a motivation other than a prohibited one. To establish motive, the prosecutor can rely on either direct evidence (e.g., using racial epithets during the attack) or circumstantial evidence (e.g., staging the crime at a part of town known to be frequented by certain types of people).

A hate crime is a Class 3 felony (Class 2 felony for a subsequent infraction) if the crime occurs at:

  • Place of Worship: Many churches are shopping malls, office buildings, or hotel ballrooms at all times except Sunday mornings, and a part-time church arguably does not qualify under Section (b-5)(1).
  • Cemetery: The law is a bit unclear whether crematoriums and statues or monuments dedicated to deceased individuals are “cemeteries.”
  • School: The law defines the term broadly to include “an administrative facility or public or private dormitory facility.”
  • Public Park or Ethnic Community Center: The “ethnic community center” designation is the other new provision.

The hate crime law also includes the surrounding real property of any prohibited place as well as a public way within 1,000 feet of a prohibited place.

Hate Crimes Defenses

In the current climate, prosecutors aggressively label cases as “hate crimes” even if there is little evidence to support this designation. Direct evidence is nearly always the uncorroborated testimony of the victim, which may not be sufficient to prove guilt beyond a reasonable doubt, especially if the defendant can at least partially refute such evidence. Moreover, as a general rule, it is difficult but not impossible for a prosecutor to win a criminal case based solely on circumstantial evidence.

Rely on Experienced Attorneys

To convict a person of a hate crime, the prosecutor must prove the underlying offense and prove the enhancement as well. For a confidential consultation with an experienced criminal defense attorney in Schaumburg, contact Glasgow & Olsson. Convenient payment plans are available.

(photo courtesy of Mary R. Vogt)