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Sen. Dan Kotowski
Filed: 5/23/2013
| | 09800HB1443sam003 | | LRB098 07483 RLC 46357 a |
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| 1 | | AMENDMENT TO HOUSE BILL 1443
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| 2 | | AMENDMENT NO. ______. Amend House Bill 1443, AS AMENDED, by |
| 3 | | replacing everything after the enacting clause with the |
| 4 | | following:
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| 5 | | "Section 5. The Criminal Code of 2012 is amended by adding |
| 6 | | Section 12C-50.1 as follows:
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| 7 | | (720 ILCS 5/12C-50.1 new) |
| 8 | | Sec. 12C-50.1. Failure to report hazing. |
| 9 | | (a) For purposes of this Section, "school official" |
| 10 | | includes any and all paid school administrators, teachers, |
| 11 | | counselors, support staff, and coaches and any and all |
| 12 | | volunteer coaches employed by a school, college, university, or |
| 13 | | other educational institution of this State. |
| 14 | | (b) A school official commits failure to report hazing |
| 15 | | when: |
| 16 | | (1) while fulfilling his or her official |
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| | 09800HB1443sam003 | - 2 - | LRB098 07483 RLC 46357 a |
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| 1 | | responsibilities as a school official, he or she personally |
| 2 | | observes an act which is not sanctioned or authorized by |
| 3 | | that educational institution; |
| 4 | | (2) the act results in bodily harm to any person; and |
| 5 | | (3) the school official knowingly fails to report the |
| 6 | | act to supervising educational authorities or, in the event |
| 7 | | of death or great bodily harm, to law enforcement. |
| 8 | | (c) Sentence. Failure to report hazing is a Class B |
| 9 | | misdemeanor. If the act which the person failed to report |
| 10 | | resulted in death or great bodily harm, the offense is a Class |
| 11 | | A misdemeanor. |
| 12 | | (d) It is an affirmative defense to a charge of failure to |
| 13 | | report hazing under this Section that the person who personally |
| 14 | | observed the act had a reasonable apprehension that timely |
| 15 | | action to stop the act would result in the imminent infliction |
| 16 | | of death, great bodily harm, permanent disfigurement, or |
| 17 | | permanent disability to that person or another in retaliation |
| 18 | | for reporting. |
| 19 | | (e) Nothing in this Section shall be construed to allow |
| 20 | | prosecution of a person who personally observes the act of |
| 21 | | hazing and assists with an investigation and any subsequent |
| 22 | | prosecution of the offender.
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| 23 | | Section 99. Effective date. This Act takes effect upon |
| 24 | | becoming law.".
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