HB2002ham001 94TH GENERAL ASSEMBLY

Rep. Lisa M. Dugan

Filed: 4/5/2005

09400HB2002ham001 LRB094 02827 NHT 43555 a

AMENDMENT TO HOUSE BILL 2002

AMENDMENT NO. ______. Amend House Bill 2002 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by changing Section 21-23a as follows:

(105 ILCS 5/21-23a) (from Ch. 122, par. 21-23a)

Sec. 21-23a. Suspension and revocation of certificate; Conviction of sex or narcotics offense, first degree murder, attempted first degree murder, or Class X felony as grounds for revocation of certificate.

(a) Whenever the holder of any certificate issued pursuant to this Article has been convicted of any sex offense or narcotics offense as defined in this Section, the regional superintendent or the State Superintendent of Education shall forthwith suspend the certificate. If the conviction is reversed and the holder is acquitted of the offense in a new trial or the charges against him are dismissed, the suspending authority shall forthwith terminate the suspension of the certificate. When the conviction becomes final, the State Superintendent of Education shall forthwith revoke the certificate. "Sex offense" as used in this Section means any one or more of the following offenses: (1) any offense defined in Sections 11-6 and 11-9 and Sections 11-14 through 11-21, inclusive, and Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16 of the "Criminal Code of 1961"; (2) any attempt to commit any of the foregoing offenses, and (3) any offense committed or attempted in any other state which, if committed or attempted in this State, would have been punishable as one or more of the foregoing offenses. "Narcotics offense" as used in this Section means any one or more of the following offenses: (1) any offense defined in the "Cannabis Control Act" except those defined in Sections 4(a), 4(b) and 5(a) of that Act and any offense for which the holder of any certificate is placed on probation under the provisions of Section 10 of that Act and fulfills the terms and conditions of probation as may be required by the court; (2) any offense defined in the "Illinois Controlled Substances Act" except any offense for which the holder of any certificate is placed on probation under the provisions of Section 410 of that Act and fulfills the terms and conditions of probation as may be required by the court; (3) any attempt to commit any of the foregoing offenses; and (4) any offense committed or attempted in any other state or against the laws of the United States which, if committed or attempted in this State, would have been punishable as one or more of the foregoing offenses.

(a-5) Whenever an allegation is made that the holder of a certificate issued pursuant to this Article has committed a sex offense, the regional superintendent or the State Superintendent of Education shall immediately suspend the certificate and conduct an investigation. If the suspending authority, as part of the investigation, finds that the allegation is untrue, then the suspending authority shall immediately terminate the suspension of the certificate, unless subsection (a) of this Section applies.

(b) Whenever the holder of a certificate issued pursuant to this Article has been convicted of first degree murder, attempted first degree murder, or a Class X felony, the regional superintendent or the State Superintendent of Education shall forthwith suspend the certificate. If the conviction is reversed and the holder is acquitted of that offense in a new trial or the charges that he or she committed that offense are dismissed, the suspending authority shall forthwith terminate the suspension of the certificate. When the conviction becomes final, the State Superintendent of Education shall forthwith revoke the certificate. The stated offenses of "first degree murder", "attempted first degree murder", and "Class X felony" referred to in this Section include any offense committed in another state that, if committed in this State, would have been punishable as any one of the stated offenses.

(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; 89-610, eff. 8-6-96.)".