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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
5 | the heading of Article 21.2 and Sections 21.2-1, 21.2-2, | ||||||
6 | 21.2-3, 21.2-4, and 21.2-5 as follows: | ||||||
7 | (720 ILCS 5/Art. 21.2 heading) | ||||||
8 | ARTICLE 21.2. INTERFERENCE WITH A PUBLIC
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9 | INSTITUTION OF HIGHER EDUCATION
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10 | (720 ILCS 5/21.2-1) (from Ch. 38, par. 21.2-1)
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11 | Sec. 21.2-1. The General Assembly, in recognition of | ||||||
12 | unlawful campus and school disorders across
the nation which | ||||||
13 | are disruptive of the educational process, dangerous to
the | ||||||
14 | health and safety of persons, damaging to public and private | ||||||
15 | property,
and which divert the use of institutional facilities | ||||||
16 | from the primary
function of education, establishes by this Act | ||||||
17 | criminal penalties for
conduct declared in this Article to be | ||||||
18 | unlawful. However, this Article does
not modify or supersede | ||||||
19 | any other law relating to damage to persons or
property, nor | ||||||
20 | does it prevent a public institution of higher education from
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21 | establishing restrictions upon the availability or use of any | ||||||
22 | building or
other facility owned, operated or controlled by the |
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1 | institution to preserve
their dedication to education, nor from | ||||||
2 | establishing standards of
scholastic and behavioral conduct | ||||||
3 | reasonably relevant to the missions,
processes and functions of | ||||||
4 | the institution, nor from invoking appropriate
discipline or | ||||||
5 | expulsion for violations of such standards.
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6 | (Source: P.A. 76-1582.)
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7 | (720 ILCS 5/21.2-2) (from Ch. 38, par. 21.2-2)
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8 | Sec. 21.2-2. A person commits interference with a public | ||||||
9 | institution of higher
education when, on the campus of a public | ||||||
10 | institution of higher education,
or at or in any building or | ||||||
11 | other facility owned, operated or controlled by
the | ||||||
12 | institution, without authority from the institution he, | ||||||
13 | through force
or violence, actual or threatened:
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14 | (a) willfully denies to a trustee, school board member, | ||||||
15 | superintendent, principal, employee, student or invitee of the
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16 | institution:
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17 | (1) Freedom of movement at such place; or
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18 | (2) Use of the property or facilities of the institution; | ||||||
19 | or
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20 | (3) The right of ingress or egress to the property or | ||||||
21 | facilities of the
institution; or
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22 | (b) willfully impedes, obstructs, interferes with or | ||||||
23 | disrupts:
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24 | (1) the performance of institutional duties by a trustee , | ||||||
25 | school board member, superintendent, principal, or employee of
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1 | the institution; or
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2 | (2) the pursuit of educational activities, as determined or | ||||||
3 | prescribed
by the institution, by a trustee, school board | ||||||
4 | member, superintendent, principal, employee, student or | ||||||
5 | invitee of the
institution; or
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6 | (c) knowingly occupies or remains in or at any building, | ||||||
7 | property or
other facility owned, operated or controlled by the | ||||||
8 | institution after due
notice to depart.
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9 | (Source: P.A. 76-1582.)
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10 | (720 ILCS 5/21.2-3) (from Ch. 38, par. 21.2-3)
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11 | Sec. 21.2-3. Nothing in this Article prevents lawful | ||||||
12 | assembly of the trustees, school board members, | ||||||
13 | superintendent, principal,
employees, students or invitees of | ||||||
14 | a public institution of higher
education, or prevents orderly | ||||||
15 | petition for redress of grievances.
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16 | (Source: P.A. 76-1582.)
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17 | (720 ILCS 5/21.2-4) (from Ch. 38, par. 21.2-4)
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18 | Sec. 21.2-4. Sentence. A person convicted of violation of | ||||||
19 | this Article commits a Class C
misdemeanor for the first | ||||||
20 | offense and for a second or subsequent offense
commits a Class | ||||||
21 | B misdemeanor. If the interference with the public institution | ||||||
22 | of education is accompanied by a threat of personal injury or | ||||||
23 | property damage, the person commits a Class 3 felony and may be | ||||||
24 | sentenced to a term of imprisonment of not less than 2 years |
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1 | and not more than 10 years and may be prosecuted for | ||||||
2 | intimidation in accordance with Section 12-6 of this Code.
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3 | (Source: P.A. 77-2638.)
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4 | (720 ILCS 5/21.2-5) (from Ch. 38, par. 21.2-5)
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5 | Sec. 21.2-5. For the purposes of this Article the words and | ||||||
6 | phrases described in this
Section have the meanings designated | ||||||
7 | in this Section, except when a
particular context clearly | ||||||
8 | requires a different meaning.
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9 | "Public institution of higher education" means an | ||||||
10 | educational
organization located in this State which provides | ||||||
11 | an organized elementary, secondary, or post-high
school | ||||||
12 | educational program, and which is supported in whole or in part | ||||||
13 | by
appropriations of the General Assembly , a unit of local | ||||||
14 | government or school district .
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15 | A person has received "due notice" if he, or the group of | ||||||
16 | which he is a
part, has been given oral or written notice from | ||||||
17 | an authorized
representative of the public institution of | ||||||
18 | higher education in a manner
reasonably designated to inform | ||||||
19 | him, or the group of which he is a part,
that he or they should | ||||||
20 | cease such action or depart from such premises. The
notice may | ||||||
21 | also be given by a printed or written notice forbidding entry
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22 | conspicuously posted or exhibited at the main entrance of the | ||||||
23 | building or
other facility, or the forbidden part thereof.
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24 | "Force or violence" includes, but is not limited to, use of | ||||||
25 | one's
person, individually or in concert with others, to impede |
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1 | access to or
movement within or otherwise to interfere with the | ||||||
2 | conduct of the
authorized activities of the public institution | ||||||
3 | of higher education, its
trustees, school board members, | ||||||
4 | superintendent, principal, employees, students or invitees.
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5 | (Source: P.A. 76-1582.)
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