Sen. Dan Kotowski

Filed: 5/23/2013





09800HB1443sam003LRB098 07483 RLC 46357 a


2    AMENDMENT NO. ______. Amend House Bill 1443, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Criminal Code of 2012 is amended by adding
6Section 12C-50.1 as follows:
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"
10includes any and all paid school administrators, teachers,
11counselors, support staff, and coaches and any and all
12volunteer coaches employed by a school, college, university, or
13other educational institution of this State.
14    (b) A school official commits failure to report hazing
16        (1) while fulfilling his or her official



09800HB1443sam003- 2 -LRB098 07483 RLC 46357 a

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
9misdemeanor. If the act which the person failed to report
10resulted in death or great bodily harm, the offense is a Class
11A misdemeanor.
12    (d) It is an affirmative defense to a charge of failure to
13report hazing under this Section that the person who personally
14observed the act had a reasonable apprehension that timely
15action to stop the act would result in the imminent infliction
16of death, great bodily harm, permanent disfigurement, or
17permanent disability to that person or another in retaliation
18for reporting.
19    (e) Nothing in this Section shall be construed to allow
20prosecution of a person who personally observes the act of
21hazing and assists with an investigation and any subsequent
22prosecution of the offender.
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".