Illinois General Assembly - Full Text of HB1975
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Full Text of HB1975  102nd General Assembly

HB1975ham001 102ND GENERAL ASSEMBLY

Rep. Michelle Mussman

Filed: 4/19/2021

 

 


 

 


 
10200HB1975ham001LRB102 16364 CMG 25309 a

1
AMENDMENT TO HOUSE BILL 1975

2    AMENDMENT NO. ______. Amend House Bill 1975 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. This Act may be referred to as Faith's Law.
 
5    Section 5. The School Code is amended by adding Sections
62-3.182 and 22-85.5 and by changing Sections 21B-45 and 27A-5
7as follows:
 
8    (105 ILCS 5/2-3.182 new)
9    Sec. 2-3.182. Resource guide.
10    (a) By July 1, 2022, the State Board of Education, in
11consultation with relevant stakeholders, as needed, shall
12develop and maintain a resource guide that shall be made
13available on the State Board's Internet website. The resource
14guide shall provide guidance for pupils, parents or guardians,
15and teachers about sexual abuse response and prevention

 

 

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1resources available in their community. The resource guide
2shall, at a minimum, provide all of the following information:
3        (1) Contact information, the location, and a list of
4    the services provided by or available through accredited
5    children's advocacy centers.
6        (2) Contact information and a list of the services
7    offered by organizations that provide medical evaluations
8    and treatment to victims of child sexual abuse.
9        (3) Contact information and a list of the services
10    offered by organizations that provide mental health
11    evaluations and services to victims and the families of
12    victims of child sexual abuse.
13        (4) Contact information of organizations that offer
14    legal assistance to and provide advocacy on behalf of
15    victims of child sexual abuse.
16    (b) At the beginning of the school year, each school
17district, charter school, or nonpublic, nonsectarian
18elementary or secondary school shall notify the parents or
19guardians of enrolled students of the availability of the
20resource guide. Each school district, charter school, or
21nonpublic, nonsectarian elementary or secondary school shall
22furnish the resource guide to a student's parent or guardian
23at the request of the parent or guardian and may also make the
24resource guide available on its Internet website.
25    (c) The State Board of Education shall periodically review
26the information contained in the resource guide and update the

 

 

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1information as necessary.
 
2    (105 ILCS 5/21B-45)
3    Sec. 21B-45. Professional Educator License renewal.
4    (a) Individuals holding a Professional Educator License
5are required to complete the licensure renewal requirements as
6specified in this Section, unless otherwise provided in this
7Code.
8    Individuals holding a Professional Educator License shall
9meet the renewal requirements set forth in this Section,
10unless otherwise provided in this Code. If an individual holds
11a license endorsed in more than one area that has different
12renewal requirements, that individual shall follow the renewal
13requirements for the position for which he or she spends the
14majority of his or her time working.
15    (b) All Professional Educator Licenses not renewed as
16provided in this Section shall lapse on September 1 of that
17year. Notwithstanding any other provisions of this Section, if
18a license holder's electronic mail address is available, the
19State Board of Education shall send him or her notification
20electronically that his or her license will lapse if not
21renewed, to be sent no more than 6 months prior to the license
22lapsing. Lapsed licenses may be immediately reinstated upon
23(i) payment by the applicant of a $500 penalty to the State
24Board of Education or (ii) the demonstration of proficiency by
25completing 9 semester hours of coursework from a regionally

 

 

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1accredited institution of higher education in the content area
2that most aligns with one or more of the educator's
3endorsement areas. Any and all back fees, including without
4limitation registration fees owed from the time of expiration
5of the license until the date of reinstatement, shall be paid
6and kept in accordance with the provisions in Article 3 of this
7Code concerning an institute fund and the provisions in
8Article 21B of this Code concerning fees and requirements for
9registration. Licenses not registered in accordance with
10Section 21B-40 of this Code shall lapse after a period of 6
11months from the expiration of the last year of registration or
12on January 1 of the fiscal year following initial issuance of
13the license. An unregistered license is invalid after
14September 1 for employment and performance of services in an
15Illinois public or State-operated school or cooperative and in
16a charter school. Any license or endorsement may be
17voluntarily surrendered by the license holder. A voluntarily
18surrendered license shall be treated as a revoked license. An
19Educator License with Stipulations with only a
20paraprofessional endorsement does not lapse.
21    (c) From July 1, 2013 through June 30, 2014, in order to
22satisfy the requirements for licensure renewal provided for in
23this Section, each professional educator licensee with an
24administrative endorsement who is working in a position
25requiring such endorsement shall complete one Illinois
26Administrators' Academy course, as described in Article 2 of

 

 

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1this Code, per fiscal year.
2    (c-5) All licenses issued by the State Board of Education
3under this Article that expire on June 30, 2020 and have not
4been renewed by the end of the 2020 renewal period shall be
5extended for one year and shall expire on June 30, 2021.
6    (d) Beginning July 1, 2014, in order to satisfy the
7requirements for licensure renewal provided for in this
8Section, each professional educator licensee may create a
9professional development plan each year. The plan shall
10address one or more of the endorsements that are required of
11his or her educator position if the licensee is employed and
12performing services in an Illinois public or State-operated
13school or cooperative. If the licensee is employed in a
14charter school, the plan shall address that endorsement or
15those endorsements most closely related to his or her educator
16position. Licensees employed and performing services in any
17other Illinois schools may participate in the renewal
18requirements by adhering to the same process.
19    Except as otherwise provided in this Section, the
20licensee's professional development activities shall align
21with one or more of the following criteria:
22        (1) activities are of a type that engage participants
23    over a sustained period of time allowing for analysis,
24    discovery, and application as they relate to student
25    learning, social or emotional achievement, or well-being;
26        (2) professional development aligns to the licensee's

 

 

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1    performance;
2        (3) outcomes for the activities must relate to student
3    growth or district improvement;
4        (4) activities align to State-approved standards; and
5        (5) higher education coursework.
6    (e) For each renewal cycle, each professional educator
7licensee shall engage in professional development activities.
8Prior to renewal, the licensee shall enter electronically into
9the Educator Licensure Information System (ELIS) the name,
10date, and location of the activity, the number of professional
11development hours, and the provider's name. The following
12provisions shall apply concerning professional development
13activities:
14        (1) Each licensee shall complete a total of 120 hours
15    of professional development per 5-year renewal cycle in
16    order to renew the license, except as otherwise provided
17    in this Section.
18        (2) Beginning with his or her first full 5-year cycle,
19    any licensee with an administrative endorsement who is not
20    working in a position requiring such endorsement is not
21    required to complete Illinois Administrators' Academy
22    courses, as described in Article 2 of this Code. Such
23    licensees must complete one Illinois Administrators'
24    Academy course within one year after returning to a
25    position that requires the administrative endorsement.
26        (3) Any licensee with an administrative endorsement

 

 

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1    who is working in a position requiring such endorsement or
2    an individual with a Teacher Leader endorsement serving in
3    an administrative capacity at least 50% of the day shall
4    complete one Illinois Administrators' Academy course, as
5    described in Article 2 of this Code, each fiscal year in
6    addition to 100 hours of professional development per
7    5-year renewal cycle in accordance with this Code.
8        (4) Any licensee holding a current National Board for
9    Professional Teaching Standards (NBPTS) master teacher
10    designation shall complete a total of 60 hours of
11    professional development per 5-year renewal cycle in order
12    to renew the license.
13        (5) Licensees working in a position that does not
14    require educator licensure or working in a position for
15    less than 50% for any particular year are considered to be
16    exempt and shall be required to pay only the registration
17    fee in order to renew and maintain the validity of the
18    license.
19        (6) Licensees who are retired and qualify for benefits
20    from a State of Illinois retirement system shall notify
21    the State Board of Education using ELIS, and the license
22    shall be maintained in retired status. For any renewal
23    cycle in which a licensee retires during the renewal
24    cycle, the licensee must complete professional development
25    activities on a prorated basis depending on the number of
26    years during the renewal cycle the educator held an active

 

 

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1    license. If a licensee retires during a renewal cycle, the
2    licensee must notify the State Board of Education using
3    ELIS that the licensee wishes to maintain the license in
4    retired status and must show proof of completion of
5    professional development activities on a prorated basis
6    for all years of that renewal cycle for which the license
7    was active. An individual with a license in retired status
8    shall not be required to complete professional development
9    activities or pay registration fees until returning to a
10    position that requires educator licensure. Upon returning
11    to work in a position that requires the Professional
12    Educator License, the licensee shall immediately pay a
13    registration fee and complete renewal requirements for
14    that year. A license in retired status cannot lapse.
15    Beginning on January 6, 2017 (the effective date of Public
16    Act 99-920) through December 31, 2017, any licensee who
17    has retired and whose license has lapsed for failure to
18    renew as provided in this Section may reinstate that
19    license and maintain it in retired status upon providing
20    proof to the State Board of Education using ELIS that the
21    licensee is retired and is not working in a position that
22    requires a Professional Educator License.
23        (7) For any renewal cycle in which professional
24    development hours were required, but not fulfilled, the
25    licensee shall complete any missed hours to total the
26    minimum professional development hours required in this

 

 

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1    Section prior to September 1 of that year. Professional
2    development hours used to fulfill the minimum required
3    hours for a renewal cycle may be used for only one renewal
4    cycle. For any fiscal year or renewal cycle in which an
5    Illinois Administrators' Academy course was required but
6    not completed, the licensee shall complete any missed
7    Illinois Administrators' Academy courses prior to
8    September 1 of that year. The licensee may complete all
9    deficient hours and Illinois Administrators' Academy
10    courses while continuing to work in a position that
11    requires that license until September 1 of that year.
12        (8) Any licensee who has not fulfilled the
13    professional development renewal requirements set forth in
14    this Section at the end of any 5-year renewal cycle is
15    ineligible to register his or her license and may submit
16    an appeal to the State Superintendent of Education for
17    reinstatement of the license.
18        (9) If professional development opportunities were
19    unavailable to a licensee, proof that opportunities were
20    unavailable and request for an extension of time beyond
21    August 31 to complete the renewal requirements may be
22    submitted from April 1 through June 30 of that year to the
23    State Educator Preparation and Licensure Board. If an
24    extension is approved, the license shall remain valid
25    during the extension period.
26        (10) Individuals who hold exempt licenses prior to

 

 

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1    December 27, 2013 (the effective date of Public Act
2    98-610) shall commence the annual renewal process with the
3    first scheduled registration due after December 27, 2013
4    (the effective date of Public Act 98-610).
5        (11) Notwithstanding any other provision of this
6    subsection (e), if a licensee earns more than the required
7    number of professional development hours during a renewal
8    cycle, then the licensee may carry over any hours earned
9    from April 1 through June 30 of the last year of the
10    renewal cycle. Any hours carried over in this manner must
11    be applied to the next renewal cycle. Illinois
12    Administrators' Academy courses or hours earned in those
13    courses may not be carried over.
14    (f) At the time of renewal, each licensee shall respond to
15the required questions under penalty of perjury.
16    (f-5) The State Board of Education shall conduct random
17audits of licensees to verify a licensee's fulfillment of the
18professional development hours required under this Section.
19Upon completion of a random audit, if it is determined by the
20State Board of Education that the licensee did not complete
21the required number of professional development hours or did
22not provide sufficient proof of completion, the licensee shall
23be notified that his or her license has lapsed. A license that
24has lapsed under this subsection may be reinstated as provided
25in subsection (b).
26    (g) The following entities shall be designated as approved

 

 

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1to provide professional development activities for the renewal
2of Professional Educator Licenses:
3        (1) The State Board of Education.
4        (2) Regional offices of education and intermediate
5    service centers.
6        (3) Illinois professional associations representing
7    the following groups that are approved by the State
8    Superintendent of Education:
9            (A) school administrators;
10            (B) principals;
11            (C) school business officials;
12            (D) teachers, including special education
13        teachers;
14            (E) school boards;
15            (F) school districts;
16            (G) parents; and
17            (H) school service personnel.
18        (4) Regionally accredited institutions of higher
19    education that offer Illinois-approved educator
20    preparation programs and public community colleges subject
21    to the Public Community College Act.
22        (5) Illinois public school districts, charter schools
23    authorized under Article 27A of this Code, and joint
24    educational programs authorized under Article 10 of this
25    Code for the purposes of providing career and technical
26    education or special education services.

 

 

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1        (6) A not-for-profit organization that, as of December
2    31, 2014 (the effective date of Public Act 98-1147), has
3    had or has a grant from or a contract with the State Board
4    of Education to provide professional development services
5    in the area of English Learning to Illinois school
6    districts, teachers, or administrators.
7        (7) State agencies, State boards, and State
8    commissions.
9        (8) Museums as defined in Section 10 of the Museum
10    Disposition of Property Act.
11    (h) Approved providers under subsection (g) of this
12Section shall make available professional development
13opportunities that satisfy at least one of the following:
14        (1) increase the knowledge and skills of school and
15    district leaders who guide continuous professional
16    development;
17        (2) improve the learning of students;
18        (3) organize adults into learning communities whose
19    goals are aligned with those of the school and district;
20        (4) deepen educator's content knowledge;
21        (5) provide educators with research-based
22    instructional strategies to assist students in meeting
23    rigorous academic standards;
24        (6) prepare educators to appropriately use various
25    types of classroom assessments;
26        (7) use learning strategies appropriate to the

 

 

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1    intended goals;
2        (8) provide educators with the knowledge and skills to
3    collaborate;
4        (9) prepare educators to apply research to decision
5    making; or
6        (10) provide educators with training on inclusive
7    practices in the classroom that examines instructional and
8    behavioral strategies that improve academic and
9    social-emotional outcomes for all students, with or
10    without disabilities, in a general education setting; or .
11        (11) beginning on July 1, 2022, provide educators with
12    training on the physical and mental health needs of
13    students, student safety, educator ethics, professional
14    conduct, and other topics that address the well-being of
15    students and improve the academic and social-emotional
16    outcomes of students.
17    (i) Approved providers under subsection (g) of this
18Section shall do the following:
19        (1) align professional development activities to the
20    State-approved national standards for professional
21    learning;
22        (2) meet the professional development criteria for
23    Illinois licensure renewal;
24        (3) produce a rationale for the activity that explains
25    how it aligns to State standards and identify the
26    assessment for determining the expected impact on student

 

 

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1    learning or school improvement;
2        (4) maintain original documentation for completion of
3    activities;
4        (5) provide license holders with evidence of
5    completion of activities;
6        (6) request an Illinois Educator Identification Number
7    (IEIN) for each educator during each professional
8    development activity; and
9        (7) beginning on July 1, 2019, register annually with
10    the State Board of Education prior to offering any
11    professional development opportunities in the current
12    fiscal year.
13    (j) The State Board of Education shall conduct annual
14audits of a subset of approved providers, except for school
15districts, which shall be audited by regional offices of
16education and intermediate service centers. The State Board of
17Education shall ensure that each approved provider, except for
18a school district, is audited at least once every 5 years. The
19State Board of Education may conduct more frequent audits of
20providers if evidence suggests the requirements of this
21Section or administrative rules are not being met.
22        (1) (Blank).
23        (2) Approved providers shall comply with the
24    requirements in subsections (h) and (i) of this Section by
25    annually submitting data to the State Board of Education
26    demonstrating how the professional development activities

 

 

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1    impacted one or more of the following:
2            (A) educator and student growth in regards to
3        content knowledge or skills, or both;
4            (B) educator and student social and emotional
5        growth; or
6            (C) alignment to district or school improvement
7        plans.
8        (3) The State Superintendent of Education shall review
9    the annual data collected by the State Board of Education,
10    regional offices of education, and intermediate service
11    centers in audits to determine if the approved provider
12    has met the criteria and should continue to be an approved
13    provider or if further action should be taken as provided
14    in rules.
15    (k) Registration fees shall be paid for the next renewal
16cycle between April 1 and June 30 in the last year of each
175-year renewal cycle using ELIS. If all required professional
18development hours for the renewal cycle have been completed
19and entered by the licensee, the licensee shall pay the
20registration fees for the next cycle using a form of credit or
21debit card.
22    (l) Any professional educator licensee endorsed for school
23support personnel who is employed and performing services in
24Illinois public schools and who holds an active and current
25professional license issued by the Department of Financial and
26Professional Regulation or a national certification board, as

 

 

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1approved by the State Board of Education, related to the
2endorsement areas on the Professional Educator License shall
3be deemed to have satisfied the continuing professional
4development requirements provided for in this Section. Such
5individuals shall be required to pay only registration fees to
6renew the Professional Educator License. An individual who
7does not hold a license issued by the Department of Financial
8and Professional Regulation shall complete professional
9development requirements for the renewal of a Professional
10Educator License provided for in this Section.
11    (m) Appeals to the State Educator Preparation and
12Licensure Board must be made within 30 days after receipt of
13notice from the State Superintendent of Education that a
14license will not be renewed based upon failure to complete the
15requirements of this Section. A licensee may appeal that
16decision to the State Educator Preparation and Licensure Board
17in a manner prescribed by rule.
18        (1) Each appeal shall state the reasons why the State
19    Superintendent's decision should be reversed and shall be
20    sent by certified mail, return receipt requested, to the
21    State Board of Education.
22        (2) The State Educator Preparation and Licensure Board
23    shall review each appeal regarding renewal of a license
24    within 90 days after receiving the appeal in order to
25    determine whether the licensee has met the requirements of
26    this Section. The State Educator Preparation and Licensure

 

 

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1    Board may hold an appeal hearing or may make its
2    determination based upon the record of review, which shall
3    consist of the following:
4            (A) the regional superintendent of education's
5        rationale for recommending nonrenewal of the license,
6        if applicable;
7            (B) any evidence submitted to the State
8        Superintendent along with the individual's electronic
9        statement of assurance for renewal; and
10            (C) the State Superintendent's rationale for
11        nonrenewal of the license.
12        (3) The State Educator Preparation and Licensure Board
13    shall notify the licensee of its decision regarding
14    license renewal by certified mail, return receipt
15    requested, no later than 30 days after reaching a
16    decision. Upon receipt of notification of renewal, the
17    licensee, using ELIS, shall pay the applicable
18    registration fee for the next cycle using a form of credit
19    or debit card.
20    (n) The State Board of Education may adopt rules as may be
21necessary to implement this Section.
22(Source: P.A. 100-13, eff. 7-1-17; 100-339, eff. 8-25-17;
23100-596, eff. 7-1-18; 100-863, eff. 8-14-18; 101-85, eff.
241-1-20; 101-531, eff. 8-23-19; 101-643, eff. 6-18-20.)
 
25    (105 ILCS 5/22-85.5 new)

 

 

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1    Sec. 22-85.5. Sexual misconduct in schools.
2    (a) This Section applies beginning on July 1, 2022.
3    (b) The General Assembly finds that:
4        (1) the success of students in school relies on safe
5    learning environments and healthy relationships with
6    school personnel;
7        (2) it is important for staff to maintain a
8    professional relationship with students at all times and
9    to define staff-student boundaries to protect students
10    from sexual misconduct by staff and staff from the
11    appearance of impropriety;
12        (3) many breaches of staff-student boundaries do not
13    rise to the level of criminal behavior but do pose a
14    potential risk to student safety;
15        (4) repeated violations of staff–student boundaries
16    can indicate the grooming of a student for sexual abuse;
17        (5) it is necessary to uphold the State Board of
18    Education's Code of Ethics for Illinois Educators and for
19    each school district, charter school, or nonpublic,
20    nonsectarian elementary or secondary school to have an
21    employee code of professional conduct policy;
22        (6) each school district, charter school, or
23    nonpublic, nonsectarian elementary or secondary school
24    must have the ability to discipline educators for breaches
25    of its employee code of professional conduct policy;
26        (7) each school district, charter school, or

 

 

10200HB1975ham001- 19 -LRB102 16364 CMG 25309 a

1    nonpublic, nonsectarian elementary or secondary school
2    must have the ability to know if any of its educators have
3    violated professional staff–student boundaries in previous
4    employment; and
5        (8) as bystanders, educators may have knowledge of
6    concerning behaviors that no one else is aware of, so they
7    need adequate training on sexual abuse, the employee code
8    of professional conduct policy, and federal and State
9    reporting requirements.
10    (c) In this Section, "sexual misconduct" means any act,
11including, but not limited to, any verbal, nonverbal, written,
12or electronic communication or physical activity, by an
13employee or agent of the school district, charter school, or
14nonpublic, nonsectarian elementary or secondary school with
15direct contact with a student that is directed toward or with a
16student to establish a romantic or sexual relationship with
17the student. Such an act includes, but is not limited to, any
18of the following:
19        (1) A sexual or romantic invitation.
20        (2) Dating or requesting or participating in a private
21    meeting outside of the employee's or agent's professional
22    role with a student, including meeting in person or
23    through electronic communication.
24        (3) Engaging in sexualized or romantic dialog.
25        (4) Making sexually suggestive comments that are
26    directed toward or with a student.

 

 

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1        (5) Self-disclosure or physical exposure of a sexual,
2    romantic, or erotic nature.
3        (6) A sexual, indecent, romantic, or erotic contact
4    with the student.
5    (d) To prevent sexual misconduct with students, each
6school district, charter school, or nonpublic, nonsectarian
7elementary or secondary school shall develop an employee code
8of professional conduct policy that addresses all of the
9following:
10        (1) Incorporates the Code of Ethics for Illinois
11    Educators.
12        (2) Incorporates the definition of "sexual misconduct"
13    in this Section.
14        (3) Identifies the expectations for employees and
15    agents of the school district, charter school, or
16    nonpublic, nonsectarian elementary or secondary school
17    regarding how to maintain a professional relationship with
18    students, including the expectations for staff-student
19    boundaries, recognizing the age and developmental level of
20    the students served, and establishes guidelines for all of
21    the following situations:
22            (A) Transporting a student.
23            (B) Taking or possessing a photo or a video of a
24        student.
25            (C) Meeting with a student or contacting a student
26        outside of the employee's or agent's professional

 

 

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1        role.
2        (4) References the employee reporting requirements
3    required under the Abused and Neglected Child Reporting
4    Act and under Title IX of the federal Education Amendments
5    of 1972.
6        (5) References required employee training that is
7    related to child abuse and educator ethics that are
8    applicable under State and federal law.
9    (e) The employee code of professional conduct policy must
10be posted on the website, if any, of each school district,
11charter school, or nonpublic, nonsectarian elementary or
12secondary school and must be included in any staff, student,
13or parent handbook provided by the school district, charter
14school, or nonpublic, nonsectarian elementary or secondary
15school.
16    (f) A violation of the employee code of professional
17conduct policy may subject an employee to disciplinary action
18up to and including dismissal from employment. Failure to
19report a violation of the employee code of professional
20conduct policy may subject an employee to disciplinary action
21up to and including dismissal from employment.
 
22    (105 ILCS 5/27A-5)
23    Sec. 27A-5. Charter school; legal entity; requirements.
24    (a) A charter school shall be a public, nonsectarian,
25nonreligious, non-home based, and non-profit school. A charter

 

 

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1school shall be organized and operated as a nonprofit
2corporation or other discrete, legal, nonprofit entity
3authorized under the laws of the State of Illinois.
4    (b) A charter school may be established under this Article
5by creating a new school or by converting an existing public
6school or attendance center to charter school status.
7Beginning on April 16, 2003 (the effective date of Public Act
893-3), in all new applications to establish a charter school
9in a city having a population exceeding 500,000, operation of
10the charter school shall be limited to one campus. The changes
11made to this Section by Public Act 93-3 do not apply to charter
12schools existing or approved on or before April 16, 2003 (the
13effective date of Public Act 93-3).
14    (b-5) In this subsection (b-5), "virtual-schooling" means
15a cyber school where students engage in online curriculum and
16instruction via the Internet and electronic communication with
17their teachers at remote locations and with students
18participating at different times.
19    From April 1, 2013 through December 31, 2016, there is a
20moratorium on the establishment of charter schools with
21virtual-schooling components in school districts other than a
22school district organized under Article 34 of this Code. This
23moratorium does not apply to a charter school with
24virtual-schooling components existing or approved prior to
25April 1, 2013 or to the renewal of the charter of a charter
26school with virtual-schooling components already approved

 

 

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1prior to April 1, 2013.
2    (c) A charter school shall be administered and governed by
3its board of directors or other governing body in the manner
4provided in its charter. The governing body of a charter
5school shall be subject to the Freedom of Information Act and
6the Open Meetings Act. No later than January 1, 2021 (one year
7after the effective date of Public Act 101-291), a charter
8school's board of directors or other governing body must
9include at least one parent or guardian of a pupil currently
10enrolled in the charter school who may be selected through the
11charter school or a charter network election, appointment by
12the charter school's board of directors or other governing
13body, or by the charter school's Parent Teacher Organization
14or its equivalent.
15    (c-5) No later than January 1, 2021 (one year after the
16effective date of Public Act 101-291) or within the first year
17of his or her first term, every voting member of a charter
18school's board of directors or other governing body shall
19complete a minimum of 4 hours of professional development
20leadership training to ensure that each member has sufficient
21familiarity with the board's or governing body's role and
22responsibilities, including financial oversight and
23accountability of the school, evaluating the principal's and
24school's performance, adherence to the Freedom of Information
25Act and the Open Meetings Act, and compliance with education
26and labor law. In each subsequent year of his or her term, a

 

 

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1voting member of a charter school's board of directors or
2other governing body shall complete a minimum of 2 hours of
3professional development training in these same areas. The
4training under this subsection may be provided or certified by
5a statewide charter school membership association or may be
6provided or certified by other qualified providers approved by
7the State Board of Education.
8    (d) For purposes of this subsection (d), "non-curricular
9health and safety requirement" means any health and safety
10requirement created by statute or rule to provide, maintain,
11preserve, or safeguard safe or healthful conditions for
12students and school personnel or to eliminate, reduce, or
13prevent threats to the health and safety of students and
14school personnel. "Non-curricular health and safety
15requirement" does not include any course of study or
16specialized instructional requirement for which the State
17Board has established goals and learning standards or which is
18designed primarily to impart knowledge and skills for students
19to master and apply as an outcome of their education.
20    A charter school shall comply with all non-curricular
21health and safety requirements applicable to public schools
22under the laws of the State of Illinois. On or before September
231, 2015, the State Board shall promulgate and post on its
24Internet website a list of non-curricular health and safety
25requirements that a charter school must meet. The list shall
26be updated annually no later than September 1. Any charter

 

 

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1contract between a charter school and its authorizer must
2contain a provision that requires the charter school to follow
3the list of all non-curricular health and safety requirements
4promulgated by the State Board and any non-curricular health
5and safety requirements added by the State Board to such list
6during the term of the charter. Nothing in this subsection (d)
7precludes an authorizer from including non-curricular health
8and safety requirements in a charter school contract that are
9not contained in the list promulgated by the State Board,
10including non-curricular health and safety requirements of the
11authorizing local school board.
12    (e) Except as otherwise provided in the School Code, a
13charter school shall not charge tuition; provided that a
14charter school may charge reasonable fees for textbooks,
15instructional materials, and student activities.
16    (f) A charter school shall be responsible for the
17management and operation of its fiscal affairs including, but
18not limited to, the preparation of its budget. An audit of each
19charter school's finances shall be conducted annually by an
20outside, independent contractor retained by the charter
21school. To ensure financial accountability for the use of
22public funds, on or before December 1 of every year of
23operation, each charter school shall submit to its authorizer
24and the State Board a copy of its audit and a copy of the Form
25990 the charter school filed that year with the federal
26Internal Revenue Service. In addition, if deemed necessary for

 

 

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1proper financial oversight of the charter school, an
2authorizer may require quarterly financial statements from
3each charter school.
4    (g) A charter school shall comply with all provisions of
5this Article, the Illinois Educational Labor Relations Act,
6all federal and State laws and rules applicable to public
7schools that pertain to special education and the instruction
8of English learners, and its charter. A charter school is
9exempt from all other State laws and regulations in this Code
10governing public schools and local school board policies;
11however, a charter school is not exempt from the following:
12        (1) Sections 10-21.9 and 34-18.5 of this Code
13    regarding criminal history records checks and checks of
14    the Statewide Sex Offender Database and Statewide Murderer
15    and Violent Offender Against Youth Database of applicants
16    for employment;
17        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
18    34-84a of this Code regarding discipline of students;
19        (3) the Local Governmental and Governmental Employees
20    Tort Immunity Act;
21        (4) Section 108.75 of the General Not For Profit
22    Corporation Act of 1986 regarding indemnification of
23    officers, directors, employees, and agents;
24        (5) the Abused and Neglected Child Reporting Act;
25        (5.5) subsection (b) of Section 10-23.12 and
26    subsection (b) of Section 34-18.6 of this Code;

 

 

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1        (6) the Illinois School Student Records Act;
2        (7) Section 10-17a of this Code regarding school
3    report cards;
4        (8) the P-20 Longitudinal Education Data System Act;
5        (9) Section 27-23.7 of this Code regarding bullying
6    prevention;
7        (10) Section 2-3.162 of this Code regarding student
8    discipline reporting;
9        (11) Sections 22-80 and 27-8.1 of this Code;
10        (12) Sections 10-20.60 and 34-18.53 of this Code;
11        (13) Sections 10-20.63 and 34-18.56 of this Code;
12        (14) Section 26-18 of this Code;
13        (15) Section 22-30 of this Code;
14        (16) Sections 24-12 and 34-85 of this Code;
15        (17) the Seizure Smart School Act; and
16        (18) Section 2-3.64a-10 of this Code; .
17        (19) Section 2-3.182 of this Code; and
18        (20) Section 22-85.5 of this Code.
19    The change made by Public Act 96-104 to this subsection
20(g) is declaratory of existing law.
21    (h) A charter school may negotiate and contract with a
22school district, the governing body of a State college or
23university or public community college, or any other public or
24for-profit or nonprofit private entity for: (i) the use of a
25school building and grounds or any other real property or
26facilities that the charter school desires to use or convert

 

 

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1for use as a charter school site, (ii) the operation and
2maintenance thereof, and (iii) the provision of any service,
3activity, or undertaking that the charter school is required
4to perform in order to carry out the terms of its charter.
5However, a charter school that is established on or after
6April 16, 2003 (the effective date of Public Act 93-3) and that
7operates in a city having a population exceeding 500,000 may
8not contract with a for-profit entity to manage or operate the
9school during the period that commences on April 16, 2003 (the
10effective date of Public Act 93-3) and concludes at the end of
11the 2004-2005 school year. Except as provided in subsection
12(i) of this Section, a school district may charge a charter
13school reasonable rent for the use of the district's
14buildings, grounds, and facilities. Any services for which a
15charter school contracts with a school district shall be
16provided by the district at cost. Any services for which a
17charter school contracts with a local school board or with the
18governing body of a State college or university or public
19community college shall be provided by the public entity at
20cost.
21    (i) In no event shall a charter school that is established
22by converting an existing school or attendance center to
23charter school status be required to pay rent for space that is
24deemed available, as negotiated and provided in the charter
25agreement, in school district facilities. However, all other
26costs for the operation and maintenance of school district

 

 

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1facilities that are used by the charter school shall be
2subject to negotiation between the charter school and the
3local school board and shall be set forth in the charter.
4    (j) A charter school may limit student enrollment by age
5or grade level.
6    (k) If the charter school is approved by the State Board or
7Commission, then the charter school is its own local education
8agency.
9(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
10100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
116-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
12eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;
13101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff.
143-8-21.)
 
15    Section 10. The Abused and Neglected Child Reporting Act
16is amended by changing Section 3 as follows:
 
17    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
18    Sec. 3. As used in this Act unless the context otherwise
19requires:
20    "Adult resident" means any person between 18 and 22 years
21of age who resides in any facility licensed by the Department
22under the Child Care Act of 1969. For purposes of this Act, the
23criteria set forth in the definitions of "abused child" and
24"neglected child" shall be used in determining whether an

 

 

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1adult resident is abused or neglected.
2    "Agency" means a child care facility licensed under
3Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
4includes a transitional living program that accepts children
5and adult residents for placement who are in the guardianship
6of the Department.
7    "Blatant disregard" means an incident where the real,
8significant, and imminent risk of harm would be so obvious to a
9reasonable parent or caretaker that it is unlikely that a
10reasonable parent or caretaker would have exposed the child to
11the danger without exercising precautionary measures to
12protect the child from harm. With respect to a person working
13at an agency in his or her professional capacity with a child
14or adult resident, "blatant disregard" includes a failure by
15the person to perform job responsibilities intended to protect
16the child's or adult resident's health, physical well-being,
17or welfare, and, when viewed in light of the surrounding
18circumstances, evidence exists that would cause a reasonable
19person to believe that the child was neglected. With respect
20to an agency, "blatant disregard" includes a failure to
21implement practices that ensure the health, physical
22well-being, or welfare of the children and adult residents
23residing in the facility.
24    "Child" means any person under the age of 18 years, unless
25legally emancipated by reason of marriage or entry into a
26branch of the United States armed services.

 

 

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1    "Department" means Department of Children and Family
2Services.
3    "Local law enforcement agency" means the police of a city,
4town, village or other incorporated area or the sheriff of an
5unincorporated area or any sworn officer of the Illinois
6Department of State Police.
7    "Abused child" means a child whose parent or immediate
8family member, or any person responsible for the child's
9welfare, or any individual residing in the same home as the
10child, or a paramour of the child's parent:
11        (a) inflicts, causes to be inflicted, or allows to be
12    inflicted upon such child physical injury, by other than
13    accidental means, which causes death, disfigurement,
14    impairment of physical or emotional health, or loss or
15    impairment of any bodily function;
16        (b) creates a substantial risk of physical injury to
17    such child by other than accidental means which would be
18    likely to cause death, disfigurement, impairment of
19    physical or emotional health, or loss or impairment of any
20    bodily function;
21        (c) commits or allows to be committed any sex offense
22    against such child, as such sex offenses are defined in
23    the Criminal Code of 2012 or in the Wrongs to Children Act,
24    and extending those definitions of sex offenses to include
25    children under 18 years of age;
26        (d) commits or allows to be committed an act or acts of

 

 

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1    torture upon such child;
2        (e) inflicts excessive corporal punishment or, in the
3    case of a person working for an agency who is prohibited
4    from using corporal punishment, inflicts corporal
5    punishment upon a child or adult resident with whom the
6    person is working in his or her professional capacity;
7        (f) commits or allows to be committed the offense of
8    female genital mutilation, as defined in Section 12-34 of
9    the Criminal Code of 2012, against the child;
10        (g) causes to be sold, transferred, distributed, or
11    given to such child under 18 years of age, a controlled
12    substance as defined in Section 102 of the Illinois
13    Controlled Substances Act in violation of Article IV of
14    the Illinois Controlled Substances Act or in violation of
15    the Methamphetamine Control and Community Protection Act,
16    except for controlled substances that are prescribed in
17    accordance with Article III of the Illinois Controlled
18    Substances Act and are dispensed to such child in a manner
19    that substantially complies with the prescription; or
20        (h) commits or allows to be committed the offense of
21    involuntary servitude, involuntary sexual servitude of a
22    minor, or trafficking in persons as defined in Section
23    10-9 of the Criminal Code of 2012 against the child; or .
24        (i) commits the offense of grooming, as defined in
25    Section 11-25 of the Criminal Code of 2012, against the
26    child.

 

 

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1    A child shall not be considered abused for the sole reason
2that the child has been relinquished in accordance with the
3Abandoned Newborn Infant Protection Act.
4    "Neglected child" means any child who is not receiving the
5proper or necessary nourishment or medically indicated
6treatment including food or care not provided solely on the
7basis of the present or anticipated mental or physical
8impairment as determined by a physician acting alone or in
9consultation with other physicians or otherwise is not
10receiving the proper or necessary support or medical or other
11remedial care recognized under State law as necessary for a
12child's well-being, or other care necessary for his or her
13well-being, including adequate food, clothing and shelter; or
14who is subjected to an environment which is injurious insofar
15as (i) the child's environment creates a likelihood of harm to
16the child's health, physical well-being, or welfare and (ii)
17the likely harm to the child is the result of a blatant
18disregard of parent, caretaker, or agency responsibilities; or
19who is abandoned by his or her parents or other person
20responsible for the child's welfare without a proper plan of
21care; or who has been provided with interim crisis
22intervention services under Section 3-5 of the Juvenile Court
23Act of 1987 and whose parent, guardian, or custodian refuses
24to permit the child to return home and no other living
25arrangement agreeable to the parent, guardian, or custodian
26can be made, and the parent, guardian, or custodian has not

 

 

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1made any other appropriate living arrangement for the child;
2or who is a newborn infant whose blood, urine, or meconium
3contains any amount of a controlled substance as defined in
4subsection (f) of Section 102 of the Illinois Controlled
5Substances Act or a metabolite thereof, with the exception of
6a controlled substance or metabolite thereof whose presence in
7the newborn infant is the result of medical treatment
8administered to the mother or the newborn infant. A child
9shall not be considered neglected for the sole reason that the
10child's parent or other person responsible for his or her
11welfare has left the child in the care of an adult relative for
12any period of time. A child shall not be considered neglected
13for the sole reason that the child has been relinquished in
14accordance with the Abandoned Newborn Infant Protection Act. A
15child shall not be considered neglected or abused for the sole
16reason that such child's parent or other person responsible
17for his or her welfare depends upon spiritual means through
18prayer alone for the treatment or cure of disease or remedial
19care as provided under Section 4 of this Act. A child shall not
20be considered neglected or abused solely because the child is
21not attending school in accordance with the requirements of
22Article 26 of The School Code, as amended.
23    "Child Protective Service Unit" means certain specialized
24State employees of the Department assigned by the Director to
25perform the duties and responsibilities as provided under
26Section 7.2 of this Act.

 

 

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1    "Near fatality" means an act that, as certified by a
2physician, places the child in serious or critical condition,
3including acts of great bodily harm inflicted upon children
4under 13 years of age, and as otherwise defined by Department
5rule.
6    "Great bodily harm" includes bodily injury which creates a
7high probability of death, or which causes serious permanent
8disfigurement, or which causes a permanent or protracted loss
9or impairment of the function of any bodily member or organ, or
10other serious bodily harm.
11    "Person responsible for the child's welfare" means the
12child's parent; guardian; foster parent; relative caregiver;
13any person responsible for the child's welfare in a public or
14private residential agency or institution; any person
15responsible for the child's welfare within a public or private
16profit or not for profit child care facility; or any other
17person responsible for the child's welfare at the time of the
18alleged abuse or neglect, including any person that is the
19custodian of a child under 18 years of age who commits or
20allows to be committed, against the child, the offense of
21involuntary servitude, involuntary sexual servitude of a
22minor, or trafficking in persons for forced labor or services,
23as provided in Section 10-9 of the Criminal Code of 2012, or
24any person who came to know the child through an official
25capacity or position of trust, including but not limited to
26health care professionals, educational personnel, recreational

 

 

10200HB1975ham001- 36 -LRB102 16364 CMG 25309 a

1supervisors, members of the clergy, and volunteers or support
2personnel in any setting where children may be subject to
3abuse or neglect.
4    "Temporary protective custody" means custody within a
5hospital or other medical facility or a place previously
6designated for such custody by the Department, subject to
7review by the Court, including a licensed foster home, group
8home, or other institution; but such place shall not be a jail
9or other place for the detention of criminal or juvenile
10offenders.
11    "An unfounded report" means any report made under this Act
12for which it is determined after an investigation that no
13credible evidence of abuse or neglect exists.
14    "An indicated report" means a report made under this Act
15if an investigation determines that credible evidence of the
16alleged abuse or neglect exists.
17    "An undetermined report" means any report made under this
18Act in which it was not possible to initiate or complete an
19investigation on the basis of information provided to the
20Department.
21    "Subject of report" means any child reported to the
22central register of child abuse and neglect established under
23Section 7.7 of this Act as an alleged victim of child abuse or
24neglect and the parent or guardian of the alleged victim or
25other person responsible for the alleged victim's welfare who
26is named in the report or added to the report as an alleged

 

 

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1perpetrator of child abuse or neglect.
2    "Perpetrator" means a person who, as a result of
3investigation, has been determined by the Department to have
4caused child abuse or neglect.
5    "Member of the clergy" means a clergyman or practitioner
6of any religious denomination accredited by the religious body
7to which he or she belongs.
8(Source: P.A. 99-350, eff. 6-1-16; 100-733, eff. 1-1-19.)
 
9    Section 15. The Criminal Code of 2012 is amended by
10changing Sections 11-1.20, 11-1.60, and 11-25 as follows:
 
11    (720 ILCS 5/11-1.20)   (was 720 ILCS 5/12-13)
12    Sec. 11-1.20. Criminal sexual assault.
13    (a) A person commits criminal sexual assault if that
14person commits an act of sexual penetration and:
15        (1) uses force or threat of force;
16        (2) knows that the victim is unable to understand the
17    nature of the act or is unable to give knowing consent;
18        (3) is a family member of the victim, and the victim is
19    under 18 years of age; or
20        (4) is 17 years of age or over and holds a position of
21    trust, authority, or supervision in relation to the
22    victim, and the victim is at least 13 years of age but
23    under 18 years of age; or .
24        (5) the victim is enrolled as a student at a public or

 

 

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1    nonpublic secondary school and the accused held a position
2    of trust, authority, or supervision in relation to the
3    victim in connection with an educational or
4    extracurricular program or activity, regardless of the
5    location of the commission of the act.
6    (b) Sentence.
7        (1) Criminal sexual assault is a Class 1 felony,
8    except that:
9            (A) A person who is convicted of the offense of
10        criminal sexual assault as defined in paragraph (a)(1)
11        or (a)(2) after having previously been convicted of
12        the offense of criminal sexual assault or the offense
13        of exploitation of a child, or who is convicted of the
14        offense of criminal sexual assault as defined in
15        paragraph (a)(1) or (a)(2) after having previously
16        been convicted under the laws of this State or any
17        other state of an offense that is substantially
18        equivalent to the offense of criminal sexual assault
19        or to the offense of exploitation of a child, commits a
20        Class X felony for which the person shall be sentenced
21        to a term of imprisonment of not less than 30 years and
22        not more than 60 years, except that if the person is
23        under the age of 18 years at the time of the offense,
24        he or she shall be sentenced under Section 5-4.5-105
25        of the Unified Code of Corrections. The commission of
26        the second or subsequent offense is required to have

 

 

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1        been after the initial conviction for this paragraph
2        (A) to apply.
3            (B) A person who has attained the age of 18 years
4        at the time of the commission of the offense and who is
5        convicted of the offense of criminal sexual assault as
6        defined in paragraph (a)(1) or (a)(2) after having
7        previously been convicted of the offense of aggravated
8        criminal sexual assault or the offense of predatory
9        criminal sexual assault of a child, or who is
10        convicted of the offense of criminal sexual assault as
11        defined in paragraph (a)(1) or (a)(2) after having
12        previously been convicted under the laws of this State
13        or any other state of an offense that is substantially
14        equivalent to the offense of aggravated criminal
15        sexual assault or the offense of predatory criminal
16        sexual assault of a child shall be sentenced to a term
17        of natural life imprisonment. The commission of the
18        second or subsequent offense is required to have been
19        after the initial conviction for this paragraph (B) to
20        apply. An offender under the age of 18 years at the
21        time of the commission of the offense covered by this
22        subparagraph (B) shall be sentenced under Section
23        5-4.5-105 of the Unified Code of Corrections.
24            (C) A second or subsequent conviction for a
25        violation of paragraph (a)(3), or (a)(4), or (a)(5) or
26        under any similar statute of this State or any other

 

 

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1        state for any offense involving criminal sexual
2        assault that is substantially equivalent to or more
3        serious than the sexual assault prohibited under
4        paragraph (a)(3), or (a)(4), or (a)(5) is a Class X
5        felony.
6(Source: P.A. 99-69, eff. 1-1-16.)
 
7    (720 ILCS 5/11-1.60)  (was 720 ILCS 5/12-16)
8    Sec. 11-1.60. Aggravated criminal sexual abuse.
9    (a) A person commits aggravated criminal sexual abuse if
10that person commits criminal sexual abuse and any of the
11following aggravating circumstances exist (i) during the
12commission of the offense or (ii) for purposes of paragraph
13(7), as part of the same course of conduct as the commission of
14the offense:
15        (1) the person displays, threatens to use, or uses a
16    dangerous weapon or any other object fashioned or used in
17    a manner that leads the victim, under the circumstances,
18    reasonably to believe that the object is a dangerous
19    weapon;
20        (2) the person causes bodily harm to the victim;
21        (3) the victim is 60 years of age or older;
22        (4) the victim is a person with a physical disability;
23        (5) the person acts in a manner that threatens or
24    endangers the life of the victim or any other person;
25        (6) the person commits the criminal sexual abuse

 

 

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1    during the course of committing or attempting to commit
2    any other felony; or
3        (7) the person delivers (by injection, inhalation,
4    ingestion, transfer of possession, or any other means) any
5    controlled substance to the victim for other than medical
6    purposes without the victim's consent or by threat or
7    deception.
8    (b) A person commits aggravated criminal sexual abuse if
9that person commits an act of sexual conduct with a victim who
10is under 18 years of age and the person is a family member.
11    (c) A person commits aggravated criminal sexual abuse if:
12        (1) that person is 17 years of age or over and: (i)
13    commits an act of sexual conduct with a victim who is under
14    13 years of age; or (ii) commits an act of sexual conduct
15    with a victim who is at least 13 years of age but under 17
16    years of age and the person uses force or threat of force
17    to commit the act; or
18        (2) that person is under 17 years of age and: (i)
19    commits an act of sexual conduct with a victim who is under
20    9 years of age; or (ii) commits an act of sexual conduct
21    with a victim who is at least 9 years of age but under 17
22    years of age and the person uses force or threat of force
23    to commit the act.
24    (d) A person commits aggravated criminal sexual abuse if
25that person commits an act of sexual penetration or sexual
26conduct with a victim who is at least 13 years of age but under

 

 

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117 years of age and the person is at least 5 years older than
2the victim.
3    (e) A person commits aggravated criminal sexual abuse if
4that person commits an act of sexual conduct with a victim who
5is a person with a severe or profound intellectual disability.
6    (f) A person commits aggravated criminal sexual abuse if
7that person commits an act of sexual conduct with a victim who
8is at least 13 years of age but under 18 years of age and the
9person is 17 years of age or over and holds a position of
10trust, authority, or supervision in relation to the victim.
11    (f-5) A person commits aggravated criminal sexual abuse if
12that person commits an act of sexual conduct with a victim who
13is enrolled as a student at a public or nonpublic secondary
14school and the accused held a position of trust, authority, or
15supervision in relation to the victim in connection with an
16educational or extracurricular program or activity, regardless
17of the location of the commission of the act.
18    (g) Sentence. Aggravated criminal sexual abuse is a Class
192 felony.
20(Source: P.A. 99-143, eff. 7-27-15.)
 
21    (720 ILCS 5/11-25)
22    Sec. 11-25. Grooming.
23    (a) A person commits grooming when he or she knowingly
24uses a computer on-line service, Internet service, local
25bulletin board service, or any other device capable of

 

 

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1electronic data storage or transmission or performs an act in
2person or by conduct through a third party to seduce, solicit,
3lure, or entice, or attempt to seduce, solicit, lure, or
4entice, a child, a child's guardian, or another person
5believed by the person to be a child or a child's guardian, to
6commit any sex offense as defined in Section 2 of the Sex
7Offender Registration Act, to distribute photographs depicting
8the sex organs of the child, or to otherwise engage in any
9unlawful sexual conduct with a child or with another person
10believed by the person to be a child. As used in this Section,
11"child" means a person under 17 years of age.
12    (b) Sentence. Grooming is a Class 4 felony.
13(Source: P.A. 100-428, eff. 1-1-18.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law, except that Section 5 takes effect on July 1,
162022.".