If not due to racial component then due to “Special Needs” component or combine two to strengthen Hate Crimes case ??
Here’s what the Illinois legislation says on hate crime (bolding mine);
- (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. *
So yeah, it’s a twofer.
His disability may have facilitated his victimization, but it doesn’t appear to have motivated it.
OTOH, the attackers made statements suggesting that the victim represented Trump, and also said things like “f*ck white people,” which would seem to point toward race and creed as motivating factors.
IANAL and YMMV but wouldn’t that directly imply that were the victim not disabled he wouldn’t have been targeted as he was and still fall within the remit of the legislation? The Chicago PD are considering whether the crime was motivated by disability (again bolding mine);
*Chicago police spokesman Anthony Guglielmi told the Associated Press on Thursday that police don’t believe the victim was targeted because he was white despite profanities made by the accused assailants about white people and Trump.
He acknowledged that the suspects made “terrible racist statements” during the assault, but that investigators believe the victim was targeted because he has “special needs,” not because of his race.*
On the way home today I heard on the radio that the decision has been made to charge the perpetrators with hate crime(s).
Obama finally weighed in too …
Can anyone tell me what extra penalties or prison times are given for this being a hate crime? Like do they get 5 years or something?
30 years max but 15 likely in this case
Absent any of the suspects having committed it before, the offense cited by Mr. Kobayashi is is a Class 4 felony (lowest felony class in IL) with probation up to 30 months or a prison term of one to three years. However, the possible crimes here that are not cited as predicates in that offense – aggravated battery and kidnapping off the top of my head – are higher-class offenses.* That said, a judge would IMHO** have the discretion to make a hate crime prison sentence consecutive to the sentence for another higher-class offense.
*That stand-alone offense of hate crime sounds like it was intended to make otherwise “not serious” crimes into felonies so the State or court would have the ability to “throw the book” at hate crimes that consist of otherwise not particularly serious offenses. Note that no homicide, kidnapping, or aggravated battery-type offenses are included as predicates. I guess the legislature thought the sentences for those offenses was high enough already.
**I may be a lawyer, but I’m not your lawyer or anyone else’s 
and consecutive vs. concurrent sentencing is a bit confusing at times.