Full Text of HB0078 97th General Assembly
HB0078ham002 97TH GENERAL ASSEMBLY | Rep. Naomi D. Jakobsson Filed: 3/30/2011
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| 1 | | AMENDMENT TO HOUSE BILL 78
| 2 | | AMENDMENT NO. ______. Amend House Bill 78 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 1961 is amended by adding | 5 | | Section 21-5.5 as follows: | 6 | | (720 ILCS 5/21-5.5 new) | 7 | | Sec. 21-5.5. Criminal trespass to a safe school zone. | 8 | | (a) As used in this Section: | 9 | | "Employee" means a person employed by a school whose | 10 | | relationship with that agency constitutes an employer-employee | 11 | | relationship under the usual common law rules, and who is not | 12 | | an independent contractor. "Employee" includes, but is not | 13 | | limited to, a teacher, student teacher, aide, secretary, | 14 | | custodial engineer, coach, or his or her designee. | 15 | | "School administrator" means the school's principal, or | 16 | | his or her designee. |
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| 1 | | "Safe school zone" means an area that encompasses any of | 2 | | the following places during regular school hours or within 60 | 3 | | minutes before or after the school day or 60 minutes before or | 4 | | after a school-sponsored activity. This shall include any | 5 | | school property, ground, or street, sidewalk, or public way | 6 | | immediately adjacent thereto and any public right-of-way | 7 | | situated immediately adjacent to school property. The safe | 8 | | school zone shall not include any portion of the highway not | 9 | | actually on school property. | 10 | | "School activity" means and includes any school session, | 11 | | any extracurricular activity or event sponsored by or | 12 | | participated in by the school, and the 60-minute periods | 13 | | immediately preceding and following any session, activity, or | 14 | | event. | 15 | | "Student" means any person enrolled or previously enrolled | 16 | | in a school. | 17 | | (b) A person commits the offense of criminal trespass to a | 18 | | safe school zone when he or she knowingly: | 19 | | (1) enters or remains in a safe school zone without | 20 | | lawful business, when as a student or employee, who has | 21 | | been suspended, expelled, or dismissed for disrupting the | 22 | | orderly operation of the school, and as a condition of the | 23 | | suspension or dismissal, has been denied access to the safe | 24 | | school zone for the period of the suspension or in the case | 25 | | of dismissal for a period not to exceed the term of | 26 | | expulsion, and has been served in person or by registered |
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| 1 | | or certified mail, at the last address given by that | 2 | | person, with a written notice of the suspension or | 3 | | dismissal and condition; or | 4 | | (2) enters or remains in a safe school zone without | 5 | | lawful business, once being served either in person or by | 6 | | registered or certified mail that his or her presence has | 7 | | been withdrawn by the school administrator, or his or her | 8 | | designee, and whose presence or acts interfere with, or | 9 | | whenever there is reasonable suspicion to believe, such | 10 | | person will disrupt the orderly operation, or
the safety, | 11 | | or peaceful conduct of the school or school activities. | 12 | | (c) A person commits the offense of criminal trespass to a | 13 | | safe school zone when he or she enters or remains in a safe | 14 | | school zone and commits or attempts to commit any violation of | 15 | | criminal law. | 16 | | (d) Sentence. Criminal trespass to a safe school zone is a | 17 | | Class A misdemeanor. ".
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