Illinois General Assembly - Full Text of HB5314
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Full Text of HB5314  102nd General Assembly

HB5314 102ND GENERAL ASSEMBLY

  
  

 


 
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.


LRB102 25470 CMG 34757 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

HB5314LRB102 25470 CMG 34757 b

1    AN ACT concerning education.
 
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 adding Sections
510-20.83 and 34-18.78 and by changing Section 22-85.5 as
6follows:
 
7    (105 ILCS 5/10-20.83 new)
8    Sec. 10-20.83. Notice of sex offense charge against an
9employee. Within 7 days after receiving information that a
10school employee is charged with a sex offense, as defined
11under the Sex Offender Registration Act, the school board
12shall notify, in writing, the parents or guardians of the
13school's students.
 
14    (105 ILCS 5/22-85.5)
15    Sec. 22-85.5. Sexual misconduct in schools.
16    (a) This Section applies beginning on July 1, 2022.
17    (b) The General Assembly finds that:
18        (1) the success of students in school relies on safe
19    learning environments and healthy relationships with
20    school personnel;
21        (2) it is important for staff to maintain a
22    professional relationship with students at all times and

 

 

HB5314- 2 -LRB102 25470 CMG 34757 b

1    to define staff-student boundaries to protect students
2    from sexual misconduct by staff and staff from the
3    appearance of impropriety;
4        (3) many breaches of staff-student boundaries do not
5    rise to the level of criminal behavior but do pose a
6    potential risk to student safety;
7        (4) repeated violations of staff–student boundaries
8    can indicate the grooming of a student for sexual abuse;
9        (5) it is necessary to uphold the State Board of
10    Education's Code of Ethics for Illinois Educators and for
11    each school district, charter school, or nonpublic school
12    to have an employee code of professional conduct policy;
13        (6) each school district, charter school, or nonpublic
14    school must have the ability to discipline educators for
15    breaches of its employee code of professional conduct
16    policy;
17        (7) each school district, charter school, or nonpublic
18    school must have the ability to know if any of its
19    educators have violated professional staff–student
20    boundaries in previous employment; and
21        (8) as bystanders, educators may have knowledge of
22    concerning behaviors that no one else is aware of, so they
23    need adequate training on sexual abuse, the employee code
24    of professional conduct policy, and federal and State
25    reporting requirements.
26    (c) In this Section: ,

 

 

HB5314- 3 -LRB102 25470 CMG 34757 b

1    "School-based employee" means a teacher, a principal,
2office staff, or any person who works on school grounds.
3    "Sexual sexual misconduct" means any act, including, but
4not limited to, any verbal, nonverbal, written, or electronic
5communication or physical activity, by an employee or agent of
6the school district, charter school, or nonpublic school with
7direct contact with a student that is directed toward or with a
8student to establish a romantic or sexual relationship with
9the student. Such an act includes, but is not limited to, any
10of the following:
11        (1) A sexual or romantic invitation.
12        (2) Dating or soliciting a date.
13        (3) Engaging in sexualized or romantic dialog.
14        (4) Making sexually suggestive comments that are
15    directed toward or with a student.
16        (5) Self-disclosure or physical exposure of a sexual,
17    romantic, or erotic nature.
18        (6) A sexual, indecent, romantic, or erotic contact
19    with the student.
20    (d) To prevent sexual misconduct with students, each
21school district, charter school, or nonpublic school shall
22develop an employee code of professional conduct policy that
23addresses all of the following:
24        (1) Incorporates the Code of Ethics for Illinois
25    Educators.
26        (2) Incorporates the definition of "sexual misconduct"

 

 

HB5314- 4 -LRB102 25470 CMG 34757 b

1    in this Section.
2        (3) Identifies the expectations for employees and
3    agents of the school district, charter school, or
4    nonpublic school regarding how to maintain a professional
5    relationship with students, including the expectations for
6    staff-student boundaries, recognizing the age and
7    developmental level of the students served, and
8    establishes guidelines for all of the following
9    situations:
10            (A) Transporting a student.
11            (B) Taking or possessing a photo or a video of a
12        student.
13            (C) Meeting with a student or contacting a student
14        outside of the employee's or agent's professional
15        role.
16        (4) References the employee reporting requirements
17    required under the Abused and Neglected Child Reporting
18    Act and under Title IX of the federal Education Amendments
19    of 1972.
20        (5) References required employee training that is
21    related to child abuse and educator ethics that are
22    applicable under State and federal law.
23    (e) The employee code of professional conduct policy must
24be posted on the website, if any, of each school district,
25charter school, or nonpublic school and must be included in
26any staff, student, or parent handbook provided by the school

 

 

HB5314- 5 -LRB102 25470 CMG 34757 b

1district, charter school, or nonpublic, nonsectarian
2elementary or secondary school.
3    (f) A violation of the employee code of professional
4conduct policy may subject an employee to disciplinary action
5up to and including dismissal from employment. Failure to
6report a violation of the employee code of professional
7conduct policy may subject an employee to disciplinary action
8up to and including dismissal from employment.
9    (g) A school district, charter school, or nonpublic school
10shall begin an investigation upon any indication of a sexual
11relationship between a student and a school-based employee.
12The investigation may be made by internal district or school
13staff and law enforcement personnel. If at any point during or
14after the investigation it is determined that the school-based
15employee had a sexual relationship with a student, then the
16school-based employee may be terminated.
17(Source: P.A. 102-676, eff. 12-3-21.)
 
18    (105 ILCS 5/34-18.78 new)
19    Sec. 34-18.78. Notice of sex offense charge against an
20employee. Within 7 days after receiving information that a
21school employee is charged with a sex offense, as defined
22under the Sex Offender Registration Act, the board shall
23notify, in writing, the parents or guardians of the school's
24students.
 

 

 

HB5314- 6 -LRB102 25470 CMG 34757 b

1    Section 10. The Criminal Code of 2012 is amended by
2changing Section 11-1.20 as follows:
 
3    (720 ILCS 5/11-1.20)   (was 720 ILCS 5/12-13)
4    Sec. 11-1.20. Criminal sexual assault.
5    (a) A person commits criminal sexual assault if that
6person commits an act of sexual penetration and:
7        (1) uses force or threat of force;
8        (2) knows that the victim is unable to understand the
9    nature of the act or is unable to give knowing consent;
10        (3) is a family member of the victim, and the victim is
11    under 18 years of age; or
12        (4) is 17 years of age or over and holds a position of
13    trust, authority, or supervision in relation to the
14    victim, and the victim is at least 13 years of age but
15    under 18 years of age; or .
16        (5) is a school-based employee, as defined in Section
17    22-85.5 of the School Code, and the victim is a student.
18    (b) Sentence.
19        (1) Criminal sexual assault is a Class 1 felony,
20    except that:
21            (A) A person who is convicted of the offense of
22        criminal sexual assault as defined in paragraph (a)(1)
23        or (a)(2) after having previously been convicted of
24        the offense of criminal sexual assault or the offense
25        of exploitation of a child, or who is convicted of the

 

 

HB5314- 7 -LRB102 25470 CMG 34757 b

1        offense of criminal sexual assault as defined in
2        paragraph (a)(1) or (a)(2) after having previously
3        been convicted under the laws of this State or any
4        other state of an offense that is substantially
5        equivalent to the offense of criminal sexual assault
6        or to the offense of exploitation of a child, commits a
7        Class X felony for which the person shall be sentenced
8        to a term of imprisonment of not less than 30 years and
9        not more than 60 years, except that if the person is
10        under the age of 18 years at the time of the offense,
11        he or she shall be sentenced under Section 5-4.5-105
12        of the Unified Code of Corrections. The commission of
13        the second or subsequent offense is required to have
14        been after the initial conviction for this paragraph
15        (A) to apply.
16            (B) A person who has attained the age of 18 years
17        at the time of the commission of the offense and who is
18        convicted of the offense of criminal sexual assault as
19        defined in paragraph (a)(1) or (a)(2) after having
20        previously been convicted of the offense of aggravated
21        criminal sexual assault or the offense of predatory
22        criminal sexual assault of a child, or who is
23        convicted of the offense of criminal sexual assault as
24        defined in paragraph (a)(1) or (a)(2) after having
25        previously been convicted under the laws of this State
26        or any other state of an offense that is substantially

 

 

HB5314- 8 -LRB102 25470 CMG 34757 b

1        equivalent to the offense of aggravated criminal
2        sexual assault or the offense of predatory criminal
3        sexual assault of a child shall be sentenced to a term
4        of natural life imprisonment. The commission of the
5        second or subsequent offense is required to have been
6        after the initial conviction for this paragraph (B) to
7        apply. An offender under the age of 18 years at the
8        time of the commission of the offense covered by this
9        subparagraph (B) shall be sentenced under Section
10        5-4.5-105 of the Unified Code of Corrections.
11            (C) A second or subsequent conviction for a
12        violation of paragraph (a)(3) or (a)(4) or under any
13        similar statute of this State or any other state for
14        any offense involving criminal sexual assault that is
15        substantially equivalent to or more serious than the
16        sexual assault prohibited under paragraph (a)(3) or
17        (a)(4) is a Class X felony.
18(Source: P.A. 99-69, eff. 1-1-16.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law, except that Section 10 takes effect on January
211, 2023.