Rep. Amy Elik

Filed: 4/15/2024

 

 


 

 


 
10300HB4241ham002LRB103 35346 RLC 72084 a

1
AMENDMENT TO HOUSE BILL 4241

2    AMENDMENT NO. ______. Amend House Bill 4241, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The School Code is amended by changing Section
621B-80 as follows:
 
7    (105 ILCS 5/21B-80)
8    Sec. 21B-80. Conviction of certain offenses as grounds for
9disqualification for licensure or suspension or revocation of
10a license.
11    (a) As used in this Section:
12    "Drug offense" means any one or more of the following
13offenses:
14        (1) Any offense defined in the Cannabis Control Act,
15    except those defined in subdivisions (a), (b), and (c) of
16    Section 4 and subdivisions (a) and (b) of Section 5 of the

 

 

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1    Cannabis Control Act and any offense for which the holder
2    of a license is placed on probation under the provisions
3    of Section 10 of the Cannabis Control Act, provided that
4    if the terms and conditions of probation required by the
5    court are not fulfilled, the offense is not eligible for
6    this exception.
7        (2) Any offense defined in the Illinois Controlled
8    Substances Act, except any offense for which the holder of
9    a license is placed on probation under the provisions of
10    Section 410 of the Illinois Controlled Substances Act,
11    provided that if the terms and conditions of probation
12    required by the court are not fulfilled, the offense is
13    not eligible for this exception.
14        (3) Any offense defined in the Methamphetamine Control
15    and Community Protection Act, except any offense for which
16    the holder of a license is placed on probation under the
17    provision of Section 70 of that Act, provided that if the
18    terms and conditions of probation required by the court
19    are not fulfilled, the offense is not eligible for this
20    exception.
21        (4) Any attempt to commit any of the offenses listed
22    in items (1) through (3) of this definition.
23        (5) Any offense committed or attempted in any other
24    state or against the laws of the United States that, if
25    committed or attempted in this State, would have been
26    punishable as one or more of the offenses listed in items

 

 

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1    (1) through (4) of this definition.
2The changes made by Public Act 96-431 to this definition are
3declaratory of existing law.
4    "Sentence" includes any period of supervised release or
5probation that was imposed either alone or in combination with
6a period of incarceration.
7    "Sex or other offense" means any one or more of the
8following offenses:
9        (A) Any offense defined in Article 9 of the Criminal
10    Code of 1961 or the Criminal Code of 2012; Sections 11-6,
11    11-9 through 11-9.6 11-9.5, inclusive, and 11-30 (if
12    punished as a Class 4 felony) of the Criminal Code of 1961
13    or the Criminal Code of 2012; Sections 11-14.1 through
14    11-21, inclusive, of the Criminal Code of 1961 or the
15    Criminal Code of 2012; Sections 11-23 (if punished as a
16    Class 3 felony), 11-24, 11-25, and 11-26 of the Criminal
17    Code of 1961 or the Criminal Code of 2012; Section 10-5.1,
18    subsection (c) of Section 10-9, and Sections 11-6.6,
19    11-11, 12-3.05, 12-3.3, 12-6.4, 12-7.1, 12-34, 12-34.5,
20    and 12-35 of the Criminal Code of 2012; and Sections
21    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
22    12-14.1, 12-15, 12-16, 12-32, 12-33, 12C-45, and 26-4 (if
23    punished pursuant to subdivision (4) or (5) of subsection
24    (d) of Section 26-4) of the Criminal Code of 1961 or the
25    Criminal Code of 2012.
26        (B) Any attempt to commit any of the offenses listed

 

 

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1    in item (A) of this definition.
2        (C) Any offense committed or attempted in any other
3    state that, if committed or attempted in this State, would
4    have been punishable as one or more of the offenses listed
5    in items (A) and (B) of this definition.
6    (b) Whenever the holder of any license issued pursuant to
7this Article or applicant for a license to be issued pursuant
8to this Article has been convicted of any drug offense, other
9than as provided in subsection (c) of this Section, the State
10Superintendent of Education shall forthwith suspend the
11license or deny the application, whichever is applicable,
12until 7 years following the end of the sentence for the
13criminal offense. If the conviction is reversed and the holder
14is acquitted of the offense in a new trial or the charges
15against him or her are dismissed, the State Superintendent of
16Education shall forthwith terminate the suspension of the
17license.
18    (b-5) Whenever the holder of a license issued pursuant to
19this Article or applicant for a license to be issued pursuant
20to this Article has been charged with attempting to commit,
21conspiring to commit, soliciting, or committing any sex or
22other offense, as enumerated under item (A) of subsection (a),
23first degree murder, or a Class X felony or any offense
24committed or attempted in any other state or against the laws
25of the United States that, if committed or attempted in this
26State, would have been punishable as one or more of the

 

 

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1foregoing offenses, the State Superintendent of Education
2shall immediately suspend the license or deny the application
3until the person's criminal charges are adjudicated through a
4court of competent jurisdiction. If the person is acquitted,
5his or her license or application shall be immediately
6reinstated.
7    (c) Whenever the holder of a license issued pursuant to
8this Article or applicant for a license to be issued pursuant
9to this Article has been convicted of attempting to commit,
10conspiring to commit, soliciting, or committing any sex or
11other offense, as enumerated under item (A) of subsection (a),
12first degree murder, or a Class X felony or any offense
13committed or attempted in any other state or against the laws
14of the United States that, if committed or attempted in this
15State, would have been punishable as one or more of the
16foregoing offenses, the State Superintendent of Education
17shall forthwith suspend the license or deny the application,
18whichever is applicable. If the conviction is reversed and the
19holder is acquitted of that offense in a new trial or the
20charges that he or she committed that offense are dismissed,
21the State Superintendent of Education shall forthwith
22terminate the suspension of the license. When the conviction
23becomes final, the State Superintendent of Education shall
24forthwith revoke the license.
25(Source: P.A. 101-531, eff. 8-23-19; 102-552, eff. 1-1-22.)
 

 

 

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1    Section 10. The Criminal Code of 2012 is amended by adding
2Section 11-9.6 as follows:
 
3    (720 ILCS 5/11-9.6 new)
4    Sec. 11-9.6. Abuse by an educator or authority figure.
5    (a) As used in this Section:
6    "Authority figure" means a person 18 years of age or older
7who is not a student at a school but who at the time of the act
8of sexual conduct or the act of sexual penetration is employed
9by, volunteering at, an agent of, or under contract with the
10same school a student attends, whether directly or through a
11firm holding a contract with the school.
12    "Educator" means a person who is employed at the same
13school a student attends and who at the time of the act of
14sexual conduct or the act of sexual penetration:
15        (1) instructs students at the school;
16        (2) administers, directs, or supervises the
17    educational instruction program or a portion of the
18    educational instruction program at the school;
19        (3) provides health or educational support services
20    directly to students at the school; or
21        (4) coaches students at the school.
22    "School" means a public or nonpublic secondary school.
23    "Student" means any person enrolled in a school.
24    (b) A person commits abuse by an educator or authority
25figure if that person is an educator or authority figure at the

 

 

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1school, the student is at least 18 years of age but under 23
2years of age, the person is at least 4 years older than the
3student and holds or held within the previous year a position
4of trust, authority, or supervision in relation to the student
5in connection with an educational or extracurricular program
6or activity, and the person either:
7        (1) commits an act of sexual conduct with the student;
8    or
9        (2) commits an act of sexual penetration with the
10    student.
11    (c) Abuse by an educator or authority figure involving
12sexual conduct is a Class A misdemeanor for the first offense
13and a Class 4 felony for a second or subsequent offense or if
14there is more than one victim.
15    (d) Abuse by an educator or authority figure involving
16sexual penetration is a Class 4 felony for the first offense
17and a Class 3 felony for a second or subsequent offense or if
18there is more than one victim.
19    (e) Consent of the victim is not a defense to abuse by an
20educator or authority figure.".