HB5314 102ND GENERAL ASSEMBLY

LRB102 25470 CMG 34757 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5314

Introduced 1/31/2022, by Rep. Joyce Mason

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-20.83 new
105 ILCS 5/22-85.5
105 ILCS 5/34-18.78 new
720 ILCS 5/11-1.20	was 720 ILCS 5/12-13

Amends the School Code. Provides that within 7 days after receiving information that a public school employee is charged with a sex offense, the school board shall notify, in writing, the parents or guardians of the school's students. Provides that a school district, charter school, or nonpublic school shall begin an investigation upon any indication of a sexual relationship between a student and a school-based employee. Provides that if at any point during or after the investigation it is determined that the school-based employee had a sexual relationship with a student, then the school-based employee may be terminated. Amends the Criminal Code of 2012. Provides that a person commits criminal sexual assault if that person commits an act of sexual penetration and is a school-based employee and the victim is a student. Varied effective date.

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by adding Sections 10-20.83 and 34-18.78 and by changing Section 22-85.5 as follows:

(105 ILCS 5/10-20.83 new)

Sec. 10-20.83. Notice of sex offense charge against an employee. Within 7 days after receiving information that a school employee is charged with a sex offense, as defined under the Sex Offender Registration Act, the school board shall notify, in writing, the parents or guardians of the school's students.

(105 ILCS 5/22-85.5)

Sec. 22-85.5. Sexual misconduct in schools.

(a) This Section applies beginning on July 1, 2022.

(b) The General Assembly finds that:

(1) the success of students in school relies on safe learning environments and healthy relationships with school personnel;

(2) it is important for staff to maintain a professional relationship with students at all times and to define staff-student boundaries to protect students from sexual misconduct by staff and staff from the appearance of impropriety;

(3) many breaches of staff-student boundaries do not rise to the level of criminal behavior but do pose a potential risk to student safety;

(4) repeated violations of staff–student boundaries can indicate the grooming of a student for sexual abuse;

(5) it is necessary to uphold the State Board of Education's Code of Ethics for Illinois Educators and for each school district, charter school, or nonpublic school to have an employee code of professional conduct policy;

(6) each school district, charter school, or nonpublic school must have the ability to discipline educators for breaches of its employee code of professional conduct policy;

(7) each school district, charter school, or nonpublic school must have the ability to know if any of its educators have violated professional staff–student boundaries in previous employment; and

(8) as bystanders, educators may have knowledge of concerning behaviors that no one else is aware of, so they need adequate training on sexual abuse, the employee code of professional conduct policy, and federal and State reporting requirements.

(c) In this Section: ,

"School-based employee" means a teacher, a principal, office staff, or any person who works on school grounds.

"Sexual sexual misconduct" means any act, including, but not limited to, any verbal, nonverbal, written, or electronic communication or physical activity, by an employee or agent of the school district, charter school, or nonpublic school with direct contact with a student that is directed toward or with a student to establish a romantic or sexual relationship with the student. Such an act includes, but is not limited to, any of the following:

(1) A sexual or romantic invitation.

(2) Dating or soliciting a date.

(3) Engaging in sexualized or romantic dialog.

(4) Making sexually suggestive comments that are directed toward or with a student.

(5) Self-disclosure or physical exposure of a sexual, romantic, or erotic nature.

(6) A sexual, indecent, romantic, or erotic contact with the student.

(d) To prevent sexual misconduct with students, each school district, charter school, or nonpublic school shall develop an employee code of professional conduct policy that addresses all of the following:

(1) Incorporates the Code of Ethics for Illinois Educators.

(2) Incorporates the definition of "sexual misconduct" in this Section.

(3) Identifies the expectations for employees and agents of the school district, charter school, or nonpublic school regarding how to maintain a professional relationship with students, including the expectations for staff-student boundaries, recognizing the age and developmental level of the students served, and establishes guidelines for all of the following situations:

(A) Transporting a student.

(B) Taking or possessing a photo or a video of a student.

(C) Meeting with a student or contacting a student outside of the employee's or agent's professional role.

(4) References the employee reporting requirements required under the Abused and Neglected Child Reporting Act and under Title IX of the federal Education Amendments of 1972.

(5) References required employee training that is related to child abuse and educator ethics that are applicable under State and federal law.

(e) The employee code of professional conduct policy must be posted on the website, if any, of each school district, charter school, or nonpublic school and must be included in any staff, student, or parent handbook provided by the school district, charter school, or nonpublic, nonsectarian elementary or secondary school.

(f) A violation of the employee code of professional conduct policy may subject an employee to disciplinary action up to and including dismissal from employment. Failure to report a violation of the employee code of professional conduct policy may subject an employee to disciplinary action up to and including dismissal from employment.

(g) A school district, charter school, or nonpublic school shall begin an investigation upon any indication of a sexual relationship between a student and a school-based employee. The investigation may be made by internal district or school staff and law enforcement personnel. If at any point during or after the investigation it is determined that the school-based employee had a sexual relationship with a student, then the school-based employee may be terminated.

(Source: P.A. 102-676, eff. 12-3-21.)

(105 ILCS 5/34-18.78 new)

Sec. 34-18.78. Notice of sex offense charge against an employee. Within 7 days after receiving information that a school employee is charged with a sex offense, as defined under the Sex Offender Registration Act, the board shall notify, in writing, the parents or guardians of the school's students.

Section 10. The Criminal Code of 2012 is amended by changing Section 11-1.20 as follows:

(720 ILCS 5/11-1.20) (was 720 ILCS 5/12-13)

Sec. 11-1.20. Criminal sexual assault.

(a) A person commits criminal sexual assault if that person commits an act of sexual penetration and:

(1) uses force or threat of force;

(2) knows that the victim is unable to understand the nature of the act or is unable to give knowing consent;

(3) is a family member of the victim, and the victim is under 18 years of age; or

(4) is 17 years of age or over and holds a position of trust, authority, or supervision in relation to the victim, and the victim is at least 13 years of age but under 18 years of age; or .

(5) is a school-based employee, as defined in Section 22-85.5 of the School Code, and the victim is a student.

(b) Sentence.

(1) Criminal sexual assault is a Class 1 felony, except that:

(A) A person who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted of the offense of criminal sexual assault or the offense of exploitation of a child, or who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of criminal sexual assault or to the offense of exploitation of a child, commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 30 years and not more than 60 years, except that if the person is under the age of 18 years at the time of the offense, he or she shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (A) to apply.

(B) A person who has attained the age of 18 years at the time of the commission of the offense and who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted of the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child, or who is convicted of the offense of criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of aggravated criminal sexual assault or the offense of predatory criminal sexual assault of a child shall be sentenced to a term of natural life imprisonment. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (B) to apply. An offender under the age of 18 years at the time of the commission of the offense covered by this subparagraph (B) shall be sentenced under Section 5-4.5-105 of the Unified Code of Corrections.

(C) A second or subsequent conviction for a violation of paragraph (a)(3) or (a)(4) or under any similar statute of this State or any other state for any offense involving criminal sexual assault that is substantially equivalent to or more serious than the sexual assault prohibited under paragraph (a)(3) or (a)(4) is a Class X felony.

(Source: P.A. 99-69, eff. 1-1-16.)

Section 99. Effective date. This Act takes effect upon becoming law, except that Section 10 takes effect on January 1, 2023.