Rep. Amy Elik
Filed: 4/1/2024
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1 | AMENDMENT TO HOUSE BILL 4241 | ||||||
2 | AMENDMENT NO. ______. Amend House Bill 4241 by replacing | ||||||
3 | everything after the enacting clause with the following: | ||||||
4 | "Section 5. The School Code is amended by changing Section | ||||||
5 | 21B-80 as follows: | ||||||
6 | (105 ILCS 5/21B-80) | ||||||
7 | Sec. 21B-80. Conviction of certain offenses as grounds for | ||||||
8 | disqualification for licensure or suspension or revocation of | ||||||
9 | a license. | ||||||
10 | (a) As used in this Section: | ||||||
11 | "Drug offense" means any one or more of the following | ||||||
12 | offenses: | ||||||
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 |
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1 | of a license is placed on probation under the provisions | ||||||
2 | of Section 10 of the Cannabis Control Act, provided that | ||||||
3 | if the terms and conditions of probation required by the | ||||||
4 | court are not fulfilled, the offense is not eligible for | ||||||
5 | this exception. | ||||||
6 | (2) Any offense defined in the Illinois Controlled | ||||||
7 | Substances Act, except any offense for which the holder of | ||||||
8 | a license is placed on probation under the provisions of | ||||||
9 | Section 410 of the Illinois Controlled Substances Act, | ||||||
10 | provided that if the terms and conditions of probation | ||||||
11 | required by the court are not fulfilled, the offense is | ||||||
12 | not eligible for this exception. | ||||||
13 | (3) Any offense defined in the Methamphetamine Control | ||||||
14 | and Community Protection Act, except any offense for which | ||||||
15 | the holder of a license is placed on probation under the | ||||||
16 | provision of Section 70 of that Act, provided that if the | ||||||
17 | terms and conditions of probation required by the court | ||||||
18 | are not fulfilled, the offense is not eligible for this | ||||||
19 | exception. | ||||||
20 | (4) Any attempt to commit any of the offenses listed | ||||||
21 | in items (1) through (3) of this definition. | ||||||
22 | (5) Any offense committed or attempted in any other | ||||||
23 | state or against the laws of the United States that, if | ||||||
24 | committed or attempted in this State, would have been | ||||||
25 | punishable as one or more of the offenses listed in items | ||||||
26 | (1) through (4) of this definition. |
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1 | The changes made by Public Act 96-431 to this definition are | ||||||
2 | declaratory of existing law. | ||||||
3 | "Sentence" includes any period of supervised release or | ||||||
4 | probation that was imposed either alone or in combination with | ||||||
5 | a period of incarceration. | ||||||
6 | "Sex or other offense" means any one or more of the | ||||||
7 | following offenses: | ||||||
8 | (A) Any offense defined in Article 9 of the Criminal | ||||||
9 | Code of 1961 or the Criminal Code of 2012; Sections 11-6, | ||||||
10 | 11-9 through 11-9.6 11-9.5 , inclusive, and 11-30 (if | ||||||
11 | punished as a Class 4 felony) of the Criminal Code of 1961 | ||||||
12 | or the Criminal Code of 2012; Sections 11-14.1 through | ||||||
13 | 11-21, inclusive, of the Criminal Code of 1961 or the | ||||||
14 | Criminal Code of 2012; Sections 11-23 (if punished as a | ||||||
15 | Class 3 felony), 11-24, 11-25, and 11-26 of the Criminal | ||||||
16 | Code of 1961 or the Criminal Code of 2012; Section 10-5.1, | ||||||
17 | subsection (c) of Section 10-9, and Sections 11-6.6, | ||||||
18 | 11-11, 12-3.05, 12-3.3, 12-6.4, 12-7.1, 12-34, 12-34.5, | ||||||
19 | and 12-35 of the Criminal Code of 2012; and Sections | ||||||
20 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, | ||||||
21 | 12-14.1, 12-15, 12-16, 12-32, 12-33, 12C-45, and 26-4 (if | ||||||
22 | punished pursuant to subdivision (4) or (5) of subsection | ||||||
23 | (d) of Section 26-4) of the Criminal Code of 1961 or the | ||||||
24 | Criminal Code of 2012. | ||||||
25 | (B) Any attempt to commit any of the offenses listed | ||||||
26 | in item (A) of this definition. |
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1 | (C) Any offense committed or attempted in any other | ||||||
2 | state that, if committed or attempted in this State, would | ||||||
3 | have been punishable as one or more of the offenses listed | ||||||
4 | in items (A) and (B) of this definition. | ||||||
5 | (b) Whenever the holder of any license issued pursuant to | ||||||
6 | this Article or applicant for a license to be issued pursuant | ||||||
7 | to this Article has been convicted of any drug offense, other | ||||||
8 | than as provided in subsection (c) of this Section, the State | ||||||
9 | Superintendent of Education shall forthwith suspend the | ||||||
10 | license or deny the application, whichever is applicable, | ||||||
11 | until 7 years following the end of the sentence for the | ||||||
12 | criminal offense. If the conviction is reversed and the holder | ||||||
13 | is acquitted of the offense in a new trial or the charges | ||||||
14 | against him or her are dismissed, the State Superintendent of | ||||||
15 | Education shall forthwith terminate the suspension of the | ||||||
16 | license. | ||||||
17 | (b-5) Whenever the holder of a license issued pursuant to | ||||||
18 | this Article or applicant for a license to be issued pursuant | ||||||
19 | to this Article has been charged with attempting to commit, | ||||||
20 | conspiring to commit, soliciting, or committing any sex or | ||||||
21 | other offense, as enumerated under item (A) of subsection (a), | ||||||
22 | first degree murder, or a Class X felony or any offense | ||||||
23 | committed or attempted in any other state or against the laws | ||||||
24 | of the United States that, if committed or attempted in this | ||||||
25 | State, would have been punishable as one or more of the | ||||||
26 | foregoing offenses, the State Superintendent of Education |
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1 | shall immediately suspend the license or deny the application | ||||||
2 | until the person's criminal charges are adjudicated through a | ||||||
3 | court of competent jurisdiction. If the person is acquitted, | ||||||
4 | his or her license or application shall be immediately | ||||||
5 | reinstated. | ||||||
6 | (c) Whenever the holder of a license issued pursuant to | ||||||
7 | this Article or applicant for a license to be issued pursuant | ||||||
8 | to this Article has been convicted of attempting to commit, | ||||||
9 | conspiring to commit, soliciting, or committing any sex or | ||||||
10 | other offense, as enumerated under item (A) of subsection (a), | ||||||
11 | first degree murder, or a Class X felony or any offense | ||||||
12 | committed or attempted in any other state or against the laws | ||||||
13 | of the United States that, if committed or attempted in this | ||||||
14 | State, would have been punishable as one or more of the | ||||||
15 | foregoing offenses, the State Superintendent of Education | ||||||
16 | shall forthwith suspend the license or deny the application, | ||||||
17 | whichever is applicable. If the conviction is reversed and the | ||||||
18 | holder is acquitted of that offense in a new trial or the | ||||||
19 | charges that he or she committed that offense are dismissed, | ||||||
20 | the State Superintendent of Education shall forthwith | ||||||
21 | terminate the suspension of the license. When the conviction | ||||||
22 | becomes final, the State Superintendent of Education shall | ||||||
23 | forthwith revoke the license. | ||||||
24 | (Source: P.A. 101-531, eff. 8-23-19; 102-552, eff. 1-1-22 .) | ||||||
25 | Section 10. The Criminal Code of 2012 is amended by adding |
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1 | Section 11-9.6 as follows: | ||||||
2 | (720 ILCS 5/11-9.6 new) | ||||||
3 | Sec. 11-9.6. Abuse by an educator or authority figure. | ||||||
4 | (a) As used in this Section: | ||||||
5 | "Authority figure" means a person 18 years of age or older | ||||||
6 | who is not a student at a school but who is employed by, | ||||||
7 | volunteering at, an agent of, or under contract with the same | ||||||
8 | school a student attends, whether directly or through a firm | ||||||
9 | holding a contract with the school, and who holds a position of | ||||||
10 | trust, authority, or supervision in relation to a student in | ||||||
11 | the school. | ||||||
12 | "Educator" means a person who is employed at the same | ||||||
13 | school a student attends and who: | ||||||
14 | (1) instructs students at the school; | ||||||
15 | (2) administers, directs, or supervises the | ||||||
16 | educational instruction program or a portion of the | ||||||
17 | educational instruction program at the school; | ||||||
18 | (3) provides health or educational support services | ||||||
19 | directly to students at the school; or | ||||||
20 | (4) coaches students at the school. | ||||||
21 | "School" means a school district, charter school, or | ||||||
22 | nonpublic school that serves elementary or secondary students. | ||||||
23 | "Student" means any person enrolled or previously enrolled | ||||||
24 | in a school. | ||||||
25 | (b) A person commits abuse by an educator or authority |
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1 | figure if that person is an educator or authority figure at the | ||||||
2 | school, the student is at least 18 years of age and is enrolled | ||||||
3 | or was previously enrolled in the school within the past year, | ||||||
4 | the person is at least 4 years older than the student, and the | ||||||
5 | person either: | ||||||
6 | (1) commits an act of sexual conduct with the student; | ||||||
7 | or | ||||||
8 | (2) commits an act of sexual penetration with the | ||||||
9 | student. | ||||||
10 | (c) Abuse by an educator or authority figure involving | ||||||
11 | sexual conduct is a Class A misdemeanor for the first offense | ||||||
12 | and a Class 4 felony for a second or subsequent offense or if | ||||||
13 | there is more than one victim. | ||||||
14 | (d) Abuse by an educator or authority figure involving | ||||||
15 | sexual penetration is a Class 4 felony for the first offense | ||||||
16 | and a Class 3 felony for a second or subsequent offense or if | ||||||
17 | there is more than one victim. | ||||||
18 | (e) Consent of the victim is not a defense to abuse by an | ||||||
19 | educator or authority figure. ". |