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