720 ILCS 5/12-7.1 Hate Crimes in Illinois

720 ILCS 5/12-7.1

(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 commits assault, battery, aggravated assault, misdemeanor theft, criminal trespass to residence, misdemeanor criminal damage to property, criminal trespass to vehicle, criminal trespass to real property, mob action, disorderly conduct, harassment by telephone, or harassment through electronic communications as these crimes are defined in Sections 12-1, 12-2, 12-3(a), 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, 26-1, 26.5-2, 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 thereof, any person suffering injury to his person or damage to his property 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. A judgment may include attorney's fees and costs. 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" means heterosexuality, homosexuality, or bisexuality. (Source: P.A. 96-1551, eff. 7-1-11; 97-161, eff. 1-1-12; 97-1108, eff. 1-1-13; 97-1109, eff. 1-1-13.)

Reauthorization of the Violence Against Women Act

Department of Justice Office of Public Affairs FOR IMMEDIATE RELEASEThursday, February 28, 2013Statement by Attorney General Eric Holder on the House Passage of the Reauthorization of the Violence Against Women Act Attorney General Eric Holder issued the following statement today on the House passage of the reauthorization of the Violence Against Women Act: “I am pleased that Congress has voted to reauthorize the Violence Against Women Act (VAWA), a landmark law that has transformed the way we respond to domestic and sexual violence. This reauthorization includes crucial new provisions to improve our ability to bring hope and healing to the victims of these crimes, expand access to justice, and strengthen the prosecutorial and enforcement tools available to hold perpetrators accountable. “Congress has also taken an historic step to finally close the loophole that left many Native American women without adequate protection. With this bill, tribes and the federal government can better work together to address domestic violence against Native American women, who experience the highest rates of assault in the United States. The bill also provides funding to improve the criminal justice response to sexual assault, ensuring that victims can access the services they need to heal. And it will help to build on evidence-based practices for reducing domestic violence homicides and prevent violence against our nation’s children, teens, and young adults. “I applaud Congress for passing a bipartisan reauthorization that protects everyone – women and men, gay and straight, children and adults of all races, ethnicities, countries of origin, and tribal affiliations. The Department of Justice looks forward to implementing this historic legislation after it is signed into law.”

USDOJ: Office of the Victims' Rights Ombudsman

USDOJ: Office of the Victims' Rights Ombudsman

NVCAP: Enforceable National Amendment for Crime Victims' Rights

NVCAP
Now is the time for all victim advocates to encourage their Members of Congress to show their support for crime victims' rights by co-sponsoring House Joint Resolution 106, the Federal Victims' Rights Amendment. The more co-sponsors for H.J.Res. 106, the more likely the House Judiciary Committee will report the measure out for action by the full House of Representatives. Click here for information on contacting your Member of Congress.

USDOJ: Office of the Victims' Rights Ombudsman

USDOJ: Office of the Victims' Rights Ombudsman

Crime Victims' Rights Act

18 U.S.C. § 3771. Crime victims' rights

(a) RIGHTS OF CRIME VICTIMS.--A crime victim has the following rights:

(1) The right to be reasonably protected from the accused.

(2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused.

(3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding.

(4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding.

(5) The reasonable right to confer with the attorney for the Government in the case.

(6) The right to full and timely restitution as provided in law.

(7) The right to proceedings free from unreasonable delay.

(8) The right to be treated with fairness and with respect for the victim's dignity and privacy.

(b) RIGHTS AFFORDED.--In any court proceeding involving an offense against a crime victim, the court shall ensure that the crime victim is afforded the rights described in subsection (a). Before making a determination described in subsection (a)(3), the court shall make every effort to permit the fullest attendance possible by the victim and shall consider reasonable alternatives to the exclusion of the victim from the criminal proceeding. The reasons for any decision denying relief under this chapter shall be clearly stated on the record.

(c) BEST EFFORTS TO ACCORD RIGHTS.--

(1) GOVERNMENT.--Officers and employees of the Department of Justice and other departments and agencies of the United States engaged in the detection, investigation, or prosecution of crime shall make their best efforts to see that crime victims are notified of, and accorded, the rights described in subsection (a).

(2) ADVICE OF ATTORNEY.--The prosecutor shall advise the crime victim that the crime victim can seek the advice of an attorney with respect to the rights described in subsection (a).

(3) NOTICE.--Notice of release otherwise required pursuant to this chapter shall not be given if such notice may endanger the safety of any person.

(d) ENFORCEMENT AND LIMITATIONS.--

(1) RIGHTS.--The crime victim or the crime victim's lawful representative, and the attorney for the Government may assert the rights described in subsection (a). A person accused of the crime may not obtain any form of relief under this chapter.

(2) MULTIPLE CRIME VICTIMS.--In a case where the court finds that the number of crime victims makes it impracticable to accord all of the crime victims the rights described in subsection (a), the court shall fashion a reasonable procedure to give effect to this chapter that does not unduly complicate or prolong the proceedings.

(3) MOTION FOR RELIEF AND WRIT OF MANDAMUS.--The rights described in subsection (a) shall be asserted in the district court in which a defendant is being prosecuted for the crime or, if no prosecution is underway, in the district court in the district in which the crime occurred. The district court shall take up and decide any motion asserting a victim's right forthwith. If the district court denies the relief sought, the movant may petition the court of appeals for a writ of mandamus. The court of appeals may issue the writ on the order of a single judge pursuant to circuit rule or the Federal Rules of Appellate Procedure. The court of appeals shall take up and decide such application forthwith within 72 hours after the petition has been filed. In no event shall proceedings be stayed or subject to a continuance of more than five days for purposes of enforcing this chapter. If the court of appeals denies the relief sought, the reasons for the denial shall be clearly stated on the record in a written opinion.

(4) ERROR.--In any appeal in a criminal case, the Government may assert as error the district court's denial of any crime victim's right in the proceeding to which the appeal relates.

(5) LIMITATION ON RELIEF.--In no case shall a failure to afford a right under this chapter provide grounds for a 2263 new trial. A victim may make a motion to re-open a plea or sentence only if--

(A) the victim has asserted the right to be heard before or during the proceeding at issue and such right was denied;

(B) the victim petitions the court of appeals for a writ of mandamus within 10 days; and

(C) in the case of a plea, the accused has not pled to the highest offense charged. This paragraph does not affect the victim's right to restitution as provided in title 18, United States Code.

(6) NO CAUSE OF ACTION.--Nothing in this chapter shall be construed to authorize a cause of action for damages or to create, to enlarge, or to imply any duty or obligation to any victim or other person for the breach of which the United States or any of its officers or employees could be held liable in damages. Nothing in this chapter shall be construed to impair the prosecutorial discretion of the Attorney General or any officer under his direction.

(e) DEFINITIONS.--For the purposes of this chapter, the term 'crime victim' means a person directly and proximately harmed as a result of the commission of a Federal offense or an offense in the District of Columbia. In the case of a crime victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardians of the crime victim or the representatives of the crime victim's estate, family members, or any other persons appointed as suitable by the court, may assume the crime victim's rights under this chapter, but in no event shall the defendant be named as such guardian or representative.

(f) PROCEDURES TO PROMOTE COMPLIANCE.--

(1) REGULATIONS.--Not later than 1 year after the date of enactment of this chapter, the Attorney General of the United States shall promulgate regulations to enforce the rights of crime victims and to ensure compliance by responsible officials with the obligations described in law respecting crime victims.

(2) CONTENTS.--The regulations promulgated under paragraph (1) shall--

(A) designate an administrative authority within the Department of Justice to receive and investigate complaints relating to the provision or violation of the rights of a crime victim;

(B) require a course of training for employees and offices of the Department of Justice that fail to comply with provisions of Federal law pertaining to the treatment of crime victims, and otherwise assist such employees and offices in responding more effectively to the needs of crime victims;

(C) contain disciplinary sanctions, including suspension or termination from employment, for employees of the Department of Justice who willfully or wantonly fail to comply with provisions of Federal law pertaining to the treatment of crime victims; and

(D) provide that the Attorney General, or the designee of the Attorney General, shall be the final arbiter of the complaint, and that there shall be no judicial review of the final decision of the Attorney General by a complainant."

Mr. Roberto Hung, J.D. and Family, Lombard Resident Homeowners Victims of Heinous Hate Crimes in Illinois - gardeniahung's blog

Mr. Roberto Hung, J.D. and Family, Lombard Resident Homeowners Victims of Heinous Hate Crimes in Illinois - gardeniahung's blog

The Lombard Fire Department, former Fire Chief Georges Seagraves, Keith Steiskal, and Lombard Police Chief Ray Byrne, Police Marilyn Gabinski, and others, have not compensated the Daughter of Mr. Roberto Hung for stealing personal clothing, belongings, and other household items from the garage at 502 South Westmore-Meyers Road and Washington Boulevard during 2008, 2009, 2010, and 2011.

The Village of Lombard, Police and Fire Department have not compensated the Family of Mr. Roberto Hung, his Daughter, Lombard Resident Homeowner as Victims of Crimes, Structural Disaster Roofing Water Damages and Losses at 502 South Westmore-Meyers Road and Washington Boulevard, one block southeast from St. Pius X Catholic Church, and one block southwest from Westmore Elementary School, near the Illinois Secretary of State Jesse White Motor Vehicles Facility.

Illinois Crime Victims Compensation and Victims' Assistance during the New Year 2013

Your Reference: Illinois Victims of Crimes Compensation and Restitution for Mrs. Gardenia C. Hung (Wittler) and the late Mr. Roberto Hung Juris Doctor (Deceased), Lombard resident homeowner, Illinois Victim of Heinous Hate Crimes, Violence Against Women, Illinois Domestic Violence, Kidnappings, Torture, Physical Abuse, Burglary, and Abuse of Human Rights in Housing Under The Law at 502 South Westmore-Meyers Road and Washington Boulevard, near St. Pius X Catholic Church Parish, in District 5, York Township, Du Page County, Illinois 60148 USA. Mailing Address in care of Gardenia C. Hung (Wittler), Post Office Box 1274, Lombard, Illinois60148-8274. Illinois Victim of Heinous Hate Crimes Mrs. Gardenia C. Hung (Wittler) Is Petitioning General Assistance as a Lombard Resident Homeowner Victim of Crimes during January 2013 and the New Year. On January 2, 2013, Diane Arturi at the York Township Community Center is refusing to provide General Assistance for Gardenia C. Hung (Wittler) as a Lombard Victim of Heinous Hate Crimes, Violence Against Women, and Illinois Domestic Violence, after Gardenia C. Hung has been a Lombard resident homeowner, taxpayer for the last twenty (20) years in District 5, York Township, DuPage County, Illinois 60148-3028 USA. During the conversation with Diane Arturi at 11:45 a.m. after I submitted the December 2012 Job Search form and letters received, Diane Arturi began to scream at me by the front Reception Desk and stated that she did not have to provide any General Assistance to me, Gardenia C. Hung (Wittler) in January 2013 and during the New Year. I am still petitioning General Assistance from the York Township Community Center as a Lombard resident homeowner, Illinois Victim of Heinous Hate Crimes, Violence Against Women, and Illinois Domestic Violence. My name is Gardenia C. Hung (Wittler), a Lombard resident homeowner, Illinois Victim of Heinous Hate Crimes, Violence Against Women, Domestic Violence, Conspiracy as a Lombard resident homeowner at 502 South Westmore-Meyers Road and Washington Boulevard, and the registered business Communications, Languages & Culture Inc. at 502 South Westmore-Meyers Road and Washington Boulevard, in District 5, York Township, DuPage County, Illinois 60148-3028 USA. I am writing to report that Diane Arturi at the York Township Community Center is refusing to provide General Assistance and disburse a payment for Gardenia C. Hung (Wittler) as a Lombard Victim of Heinous Hate Crimes, Burglary, Conspiracy, Abuse, Kidnappings, Torture, Physical Violence, and Robbery during 20 years of Lombard residency as a homeowner and taxpayer in the Village of Lombard near St. Pius X Catholic Church Parish in DuPage County, Illinois USA. For your information, Diane Arturi at the York Township Community Center has not mailed any letter or correspondence stating that she is refusing to provide General Assistance to Gardenia C. Hung (Wittler) as a Lombard resident homeowner, Illinois Victim of Heinous Hate Crimes, Violence Against Women, and Illinois Domestic Violence during January 2013 and throughout the New Year. I, Gardenia C. Hung (Wittler) have not received any official letter or correspondence from Diane Arturi to date from the York Township Community Center or the Village of Lombard Victims’ Assistance Program. Wherefore, I, Gardenia C. Hung (Wittler) continue to petition and request General Assistance from the York Township Community Center and the Village of Lombard as an Illinois Victim of Heinous Hate Crimes, Violence Against Women, and Illinois Domestic Violence. Under the Constitution of the State of Illinois, I, Gardenia C. Hung, I am entitled to Illinois Crime Victims Compensation, Restitution, and General Assistance as a Lombard Victim of Heinous Hate Crime. Section 8.1. Crime Victims’ Rights (a) Crime victims, as defined by law, shall have the following rights as provided by law: (1) The right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process. (2) The right to notification of court proceedings. (3) The right to communicate with the prosecution. (4) The right to make a statement to the court at sentencing. (5) The right to information about the conviction, sentence, imprisonment, and release of the accused. (6) The right to timely disposition of the case following the arrest of the accused. (7) The right to be reasonably protected from the accused throughout the criminal justice process. (8) The right to be present at the trial and all other court proceedings on the same basis as the accused, unless the victim is to testify and the court determines that the victim’s testimony would be materially affected if the victim hears other testimony at the trial. (9) The right to have present at all court proceedings, subject to the rules of evidence, and advocate and other support person of the victim’s choice. (10) The right to restitution. (b) The Illinois General Assembly may provide by law the enforcement of this Section. (c) The Illinois General Assembly may provide for an assessment against convicted defendants to pay for crime victims’ rights. (d) Nothing in this Section or in any law enacted under this Section shall be construed as creating a basis for vacating a conviction or a ground for appellate relief in any criminal case. (Section 8.1 added by the Seventh Amendment to the Constitution. Approved by the November 3, 1992, effective November 23, 1992.) Section 12. Right to Remedy and Justice Every person shall find a certain remedy in the laws for all injuries and wrongs which he receives to his/her person, privacy, property or reputation. He/She shall obtain justice by law, freely, completely, promptly. Section 15. Right to Eminent Domain Private property shall not be taken or damaged for public use without just compensation as provided by law. Such compensation shall be determined by a jury provided by law. I, Gardenia C. Hung (Wittler) do hereby petition Illinois Victims of Crimes Compensation and Restitution of personal, family assets, and business real property as a Lombard resident homeowner in District 5, York Township, Du Page County, Illinois USA.My name is Gardenia C. Hung (Wittler).I am an Illinois Victim of Heinous Hate Crimes currently homeless as a Lombard resident homeowner after purchasing Lombard real estate property at 502 South Westmore-Meyers Road and Washington Boulevard with my late Father Mr. Roberto Hung Juris Doctor on September 2nd, 1993 and subsequent years 1994, 1995, 1996, when my Father, Mr. Roberto Hung suffered from a criminal Traumatic Brain Injury and Aneurysm after a blunt hit to the head while he was eating after 9:30 p.m. on December 21-22, 1996. My Father, Roberto Hung was hospitalized at Good Samaritan Advocate Hospital in Downers Grove, Edwards Hospital, ManorCare Nursing Home, and at the Marianjoy Community Rehabilitation Center in Naperville; as well as at Elmhurst Memorial Hospital and Vencor Northlake Hospital where Roberto Hung was violently throttled and bludgeoned by Respiratory Therapist Ben Aguilar while the patient was asleep, under the medical care of Dr. Raied N. Abdullah, M.D. and Dr. Paul Grodzin, M.D., Nurse Janelle Nance Director of Nursing, Dr. Frankle, M.D., and Dr. Oliveras, M.D., with other medical staff at Vencor Northlake Hospital, 365 East North Avenue, in the City of Northlake, Illinois USA. Since Mr. Roberto Hung was fully insured by The Principal Group, Blue Cross Blue Shield of Illinois, Medicare, COBRA, Physicians Mutual, and other private health insurance, his healthcare was covered in the State of Illinois.After my Father’s medical murder at Vencor Northlake Hospital, the Lombard real estate property at 502 South Westmore-Meyers Road was criminally damaged by Lombard Disaster Roofing Water and Structural Damages to existing wooden structures during 2004, 2005, 2006, 2007, 2008. Since November 5, 2008, the Village of Lombard has been abusing my Lombard resident homeowner’s civil rights in housing under the law when Keith Steiskal and Lombard Fire Chief George Seagraves, and Lombard Police Chief Raymond Byrne have failed to provide Court Notices, Summons, and legal correspondence, while disposing of my personal and business real property and family assets from the private Lombard family home owned by Gardenia C. Hung (Wittler) and Family, without any authorization and consent.I have not received any Lombard real estate compensation, restitution and/or payment as a Lombard resident homeowner, Illinois Victim of Heinous Hate Crimes, Burglary, Thieving, and Abuse of Human Rights in Housing Under The Law. For your reference, during 2012, the Lombard real estate property at 502 S. Westmore Avenue was sold by REMAX Achiever Realtor Kathy Volpe for only $50,000US to MANCO Home Builder without paying the Lombard resident Gardenia C. Hung (Wittler) any equity for Lombard real estate property holdings from 1993 through 2012.Now, J.W. Reedy Realtor Tom Fosnot, Jr., at 1136 South Main Street, Lombard IL60148 has sold the Lombard real estate property again, now in the process of closing the transaction.I have been petitioning Illinois Victim of Crimes Compensation and Restitution as a Lombard Resident Homeowner near St. Pius X Catholic Church Parish, District 5, York Township, Du Page County, Illinois USA. I am currently a homeless Lombard resident homeowner, Illinois Victim of Heinous Hate Crimes, Violence Against Women, Illinois Domestic Violence, and Abuse of Human Rights in Housing Under The Law seeking Victims of Crimes Compensation in the Court of Claims under the Crime Victims Compensation Act, 740 ILCS 45/1, et seq. (2000). Please support my petition for Illinois Victims of Crime Compensation and Restitution under the Constitution of the State of Illinois and the United States of America. Sincerely, (Reserved Signature) Gardenia C. Hung Post Office Box 1274 Lombard, Illinois 60148-8274 United States of America Thursday: January 3, 3013 Copyright 2013. U.S. Constitutional Reconsideration. All Rights Reserved.