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Full Text of SB3591
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SB3591 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3591
Introduced 2/5/2026, by Sen. Elgie R. Sims, Jr.
SYNOPSIS AS INTRODUCED:
New Act
725 ILCS 5/115-7.4
Creates the Statewide Hate Crime Information Act. Provides that the
Illinois State Police shall compile and maintain information about hate
crime and shall adopt a uniform reporting format for the entry of pertinent
intelligence information regarding the report of a hate crime to the
Illinois State Police Statewide Terrorism and Intelligence Center.
Provides that each law enforcement agency shall: (1) submit a report to the
Illinois State Police through the Central Repository after any arrest with
probable cause demonstrating the commission of a hate crime; (2) submit
reports of persons arrested for hate crimes as soon as the minimum level of
data or information specified by the Illinois State Police is available;
and (3) notify the applicable prosecutor of any other information in the
accused person's history of perpetrating hate crimes. Amends the Code of
Criminal Procedure of 1963. Provides that in a criminal prosecution in
which the defendant is charged with a hate crime, evidence of the
defendant's commission of another hate crime is admissible and may be
considered for its bearing on any matter to which it is relevant.
LRB104 17658 RLC 31089 b
A BILL FOR
SB3591
LRB104 17658 RLC 31089 b
1
AN ACT concerning hate crime.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 1.
Short title.
This Act may be cited as the
5
Statewide Hate Crime Information Act.
6
Section 5.
Definitions.
In this Act:
7
"Director" means the Director of the Illinois State
8
Police.
9
"Hate crime" means any crime defined in subsection (a) of
10
Section 12-7.1 of the Criminal Code of 2012.
11
Section 10.
Duties of the Illinois State Police.
12
(a) The Illinois State Police shall compile and maintain
13
information about hate crimes in order to gather information
14
regarding the various modus operandi used to victimize
15
individuals or groups by reason of actual or perceived race,
16
color, creed, religion, ancestry, gender, sexual orientation,
17
or physical or mental disability, organizations that tend to
18
routinely target individuals or groups by reason of actual or
19
perceived race, color, creed, religion, ancestry, gender,
20
sexual orientation, or physical or mental disability, and
21
geographic areas where hate crimes tend to occur.
22
(b) The Illinois State Police shall adopt a uniform
SB3591
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LRB104 17658 RLC 31089 b
1
reporting format for the entry of pertinent intelligence
2
information regarding the report of a person arrested for a
3
hate crime to the Illinois State Police Statewide Terrorism
4
and Intelligence Center. The report shall include, at a
5
minimum:
6
(1) the date, time, and specific location of the
7
incident;
8
(2) the protected characteristic targeted (bias
9
motivation);
10
(3) a narrative description of the incident;
11
(4) the identity of the suspect and victim (subject to
12
confidentiality laws);
13
(5) any organized group involved or affirmatively
14
supporting the incident; and
15
(6) any additional information deemed necessary for
16
further investigative purposes.
17
(c) The Illinois State Police shall cooperate with all law
18
enforcement agencies wishing to gain access to the Illinois
19
State Police Statewide Terrorism and Intelligence Center and
20
facilitate their entry into the system.
21
(d) The Illinois State Police shall use the information to
22
develop and recommend techniques to be used by law enforcement
23
agencies and prosecutors in the investigation, apprehension,
24
and prosecution of hate crime offenders.
25
Section 15.
Duties of local law enforcement agencies.
Each
SB3591
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LRB104 17658 RLC 31089 b
1
law enforcement agency shall:
2
(1) submit a report to the Illinois State Police
3
through the Central Repository after any arrest with
4
probable cause demonstrating the commission of a hate
5
crime;
6
(2) submit reports of persons arrested for hate crimes
7
as soon as the minimum level of data or information
8
specified by the Illinois State Police is available; and
9
(3) notify the applicable prosecutor of any other
10
information in the accused person's history of
11
perpetrating hate crimes.
12
Section 90.
The Code of Criminal Procedure of 1963 is
13
amended by changing Section 115-7.4 as follows:
14
(725 ILCS 5/115-7.4)
15
Sec. 115-7.4.
Evidence in domestic violence
, murder, and
16
hate crime
cases.
17
(a) In a criminal prosecution in which the defendant is
18
accused of an offense of domestic violence as defined in
19
paragraphs (1) and (3) of Section 103 of the Illinois Domestic
20
Violence Act of 1986, or first degree murder or second degree
21
murder when the commission of the offense involves domestic
22
violence,
or a hate crime as defined in subsection (a) of
23
Section 12-7.1 of the Criminal Code of 2012,
evidence of the
24
defendant's commission of another offense or offenses of
SB3591
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LRB104 17658 RLC 31089 b
1
domestic violence
or hate crimes
is admissible, and may be
2
considered for its bearing on any matter to which it is
3
relevant.
4
(b) In weighing the probative value of the evidence
5
against undue prejudice to the defendant, the court may
6
consider:
7
(1) the proximity in time to the charged or predicate
8
offense;
9
(2) the degree of factual similarity to the charged or
10
predicate offense; or
11
(3) other relevant facts and circumstances.
12
(c) In a criminal case in which the prosecution intends to
13
offer evidence under this Section, it must disclose the
14
evidence, including statements of witnesses or a summary of
15
the substance of any testimony, at a reasonable time in
16
advance of trial, or during trial if the court excuses
17
pretrial notice on good cause shown.
18
(d) In a criminal case in which evidence is offered under
19
this Section, proof may be made by specific instances of
20
conduct, testimony as to reputation, or testimony in the form
21
of an expert opinion, except that the prosecution may offer
22
reputation testimony only after the opposing party has offered
23
that testimony.
24
(Source: P.A. 97-1036, eff. 8-20-12.)
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