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Rep. Lisa M. Dugan
Filed: 4/5/2005
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09400HB2002ham001 |
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LRB094 02827 NHT 43555 a |
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| AMENDMENT TO HOUSE BILL 2002
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| AMENDMENT NO. ______. Amend House Bill 2002 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The School Code is amended by changing Section |
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| 21-23a as follows:
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| (105 ILCS 5/21-23a) (from Ch. 122, par. 21-23a)
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| Sec. 21-23a. Suspension and revocation of certificate;
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| Conviction of sex or narcotics offense, first degree murder,
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| attempted first degree murder, or Class X felony as grounds for |
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| revocation
of certificate.
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| (a) Whenever the holder of any certificate issued pursuant
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| to this Article has been convicted of any sex offense or |
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| narcotics offense
as defined in this Section, the regional |
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| superintendent or the State
Superintendent
of Education shall |
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| forthwith suspend the certificate. If the conviction
is |
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| reversed and the holder is acquitted of the offense in a new |
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| trial or
the charges against him are dismissed, the suspending |
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| authority shall forthwith
terminate the suspension of the |
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| certificate. When the conviction becomes
final, the State |
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| Superintendent of Education shall forthwith revoke the
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| certificate. "Sex offense" as used in this Section means any |
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| one or more
of the following offenses: (1) any offense defined |
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| in Sections 11-6 and
11-9 and Sections 11-14 through 11-21, |
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| inclusive, and Sections
12-13, 12-14,
12-14.1,
12-15 and 12-16 |
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09400HB2002ham001 |
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LRB094 02827 NHT 43555 a |
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| of the "Criminal Code of 1961"; (2) any
attempt to commit any |
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| of the foregoing offenses, and (3) any offense committed
or |
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| attempted in any other state which, if committed or attempted |
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| in this
State, would have been punishable as one or more of the |
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| foregoing
offenses. "Narcotics offense" as used in this Section
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| means any one or more of the following offenses: (1) any |
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| offense defined
in the "Cannabis Control Act" except those |
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| defined in Sections 4(a), 4(b)
and 5(a) of that Act and any |
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| offense for which the holder of any certificate
is placed on |
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| probation under the provisions of Section 10 of that Act and
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| fulfills the terms and conditions of probation as may be |
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| required by the
court; (2) any offense defined in the "Illinois |
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| Controlled
Substances Act" except any offense for which the |
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| holder of any certificate
is placed on probation under the |
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| provisions of Section 410 of that Act and
fulfills the terms |
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| and conditions of probation as may be required by the
court; |
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| (3) any attempt to commit any of the foregoing offenses; and |
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| (4)
any offense committed or attempted in any other state or |
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| against the laws
of the United States which, if committed or |
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| attempted in this State, would
have been punishable as one or |
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| more of the foregoing offenses.
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| (a-5) Whenever an allegation is made that the holder of a |
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| certificate issued pursuant to this Article has committed a sex |
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| offense, the regional superintendent or the State |
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| Superintendent of Education shall immediately suspend the |
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| certificate and conduct an investigation. If the suspending |
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| authority, as part of the investigation, finds that the |
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| allegation is untrue, then the suspending authority shall |
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| immediately terminate the suspension of the certificate, |
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| unless subsection (a) of this Section applies.
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| (b) Whenever the holder of a certificate issued pursuant to |
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| this Article
has been convicted of first degree murder, |
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| attempted first degree murder, or a
Class X felony, the |
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| regional superintendent or the State Superintendent of
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09400HB2002ham001 |
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LRB094 02827 NHT 43555 a |
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| Education shall forthwith suspend the certificate. If the |
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| conviction is
reversed and the holder is acquitted of that |
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| offense in a new trial or the
charges that he or she committed |
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| that offense are dismissed, the suspending
authority shall |
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| forthwith terminate the suspension of the certificate. When
the |
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| conviction becomes final, the State Superintendent of |
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| Education shall
forthwith revoke the certificate. The stated |
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| offenses of "first degree
murder", "attempted first degree |
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| murder", and "Class X felony" referred to in
this Section |
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| include any offense committed in another state that, if |
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| committed
in this State, would have been punishable as any one |
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| of the stated offenses.
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| (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; |
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| 89-610, eff.
8-6-96.)".
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