HB4241 EngrossedLRB103 35346 RJT 65410 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
521B-80 as follows:
 
6    (105 ILCS 5/21B-80)
7    Sec. 21B-80. Conviction of certain offenses as grounds for
8disqualification for licensure or suspension or revocation of
9a license.
10    (a) As used in this Section:
11    "Drug offense" means any one or more of the following
12offenses:
13        (1) Any offense defined in the Cannabis Control Act,
14    except those defined in subdivisions (a), (b), and (c) of
15    Section 4 and subdivisions (a) and (b) of Section 5 of the
16    Cannabis Control Act and any offense for which the holder
17    of a license is placed on probation under the provisions
18    of Section 10 of the Cannabis Control Act, provided that
19    if the terms and conditions of probation required by the
20    court are not fulfilled, the offense is not eligible for
21    this exception.
22        (2) Any offense defined in the Illinois Controlled
23    Substances Act, except any offense for which the holder of

 

 

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1    a license is placed on probation under the provisions of
2    Section 410 of the Illinois Controlled Substances Act,
3    provided that if the terms and conditions of probation
4    required by the court are not fulfilled, the offense is
5    not eligible for this exception.
6        (3) Any offense defined in the Methamphetamine Control
7    and Community Protection Act, except any offense for which
8    the holder of a license is placed on probation under the
9    provision of Section 70 of that Act, provided that if the
10    terms and conditions of probation required by the court
11    are not fulfilled, the offense is not eligible for this
12    exception.
13        (4) Any attempt to commit any of the offenses listed
14    in items (1) through (3) of this definition.
15        (5) Any offense committed or attempted in any other
16    state or against the laws of the United States that, if
17    committed or attempted in this State, would have been
18    punishable as one or more of the offenses listed in items
19    (1) through (4) of this definition.
20The changes made by Public Act 96-431 to this definition are
21declaratory of existing law.
22    "Sentence" includes any period of supervised release or
23probation that was imposed either alone or in combination with
24a period of incarceration.
25    "Sex or other offense" means any one or more of the
26following offenses:

 

 

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1        (A) Any offense defined in Article 9 of the Criminal
2    Code of 1961 or the Criminal Code of 2012; Sections 11-6,
3    11-9 through 11-9.6 11-9.5, inclusive, and 11-30 (if
4    punished as a Class 4 felony) of the Criminal Code of 1961
5    or the Criminal Code of 2012; Sections 11-14.1 through
6    11-21, inclusive, of the Criminal Code of 1961 or the
7    Criminal Code of 2012; Sections 11-23 (if punished as a
8    Class 3 felony), 11-24, 11-25, and 11-26 of the Criminal
9    Code of 1961 or the Criminal Code of 2012; Section 10-5.1,
10    subsection (c) of Section 10-9, and Sections 11-6.6,
11    11-11, 12-3.05, 12-3.3, 12-6.4, 12-7.1, 12-34, 12-34.5,
12    and 12-35 of the Criminal Code of 2012; and Sections
13    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
14    12-14.1, 12-15, 12-16, 12-32, 12-33, 12C-45, and 26-4 (if
15    punished pursuant to subdivision (4) or (5) of subsection
16    (d) of Section 26-4) of the Criminal Code of 1961 or the
17    Criminal Code of 2012.
18        (B) Any attempt to commit any of the offenses listed
19    in item (A) of this definition.
20        (C) Any offense committed or attempted in any other
21    state that, if committed or attempted in this State, would
22    have been punishable as one or more of the offenses listed
23    in items (A) and (B) of this definition.
24    (b) Whenever the holder of any license issued pursuant to
25this Article or applicant for a license to be issued pursuant
26to this Article has been convicted of any drug offense, other

 

 

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

 

 

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1to this Article has been convicted of attempting to commit,
2conspiring to commit, soliciting, or committing any sex or
3other offense, as enumerated under item (A) of subsection (a),
4first degree murder, or a Class X felony or any offense
5committed or attempted in any other state or against the laws
6of the United States that, if committed or attempted in this
7State, would have been punishable as one or more of the
8foregoing offenses, the State Superintendent of Education
9shall forthwith suspend the license or deny the application,
10whichever is applicable. If the conviction is reversed and the
11holder is acquitted of that offense in a new trial or the
12charges that he or she committed that offense are dismissed,
13the State Superintendent of Education shall forthwith
14terminate the suspension of the license. When the conviction
15becomes final, the State Superintendent of Education shall
16forthwith revoke the license.
17(Source: P.A. 101-531, eff. 8-23-19; 102-552, eff. 1-1-22.)
 
18    Section 10. The Criminal Code of 2012 is amended by adding
19Section 11-9.6 as follows:
 
20    (720 ILCS 5/11-9.6 new)
21    Sec. 11-9.6. Abuse by an educator or authority figure.
22    (a) As used in this Section:
23    "Authority figure" means a person 18 years of age or older
24who is not a student at a school but who at the time of the act

 

 

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1of sexual conduct or the act of sexual penetration is employed
2by, volunteering at, an agent of, or under contract with the
3same school a student attends, whether directly or through a
4firm holding a contract with the school.
5    "Educator" means a person who is employed at the same
6school a student attends and who at the time of the act of
7sexual conduct or the act of sexual penetration:
8        (1) instructs students at the school;
9        (2) administers, directs, or supervises the
10    educational instruction program or a portion of the
11    educational instruction program at the school;
12        (3) provides health or educational support services
13    directly to students at the school; or
14        (4) coaches students at the school.
15    "School" means a public or nonpublic secondary school.
16    "Student" means any person enrolled in a school.
17    (b) A person commits abuse by an educator or authority
18figure if that person is an educator or authority figure at the
19school, the student is at least 18 years of age but under 23
20years of age, the person is at least 4 years older than the
21student and holds or held within the previous year a position
22of trust, authority, or supervision in relation to the student
23in connection with an educational or extracurricular program
24or activity, and the person either:
25        (1) commits an act of sexual conduct with the student;
26    or

 

 

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1        (2) commits an act of sexual penetration with the
2    student.
3    (c) Abuse by an educator or authority figure involving
4sexual conduct is a Class A misdemeanor for the first offense
5and a Class 4 felony for a second or subsequent offense or if
6there is more than one victim.
7    (d) Abuse by an educator or authority figure involving
8sexual penetration is a Class 4 felony for the first offense
9and a Class 3 felony for a second or subsequent offense or if
10there is more than one victim.
11    (e) Consent of the victim is not a defense to abuse by an
12educator or authority figure.