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| | HB4241 Engrossed | | LRB103 35346 RJT 65410 b |
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1 | | AN ACT concerning criminal law. |
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly: |
4 | | Section 5. The School Code is amended by changing Section |
5 | | 21B-80 as follows: |
6 | | (105 ILCS 5/21B-80) |
7 | | Sec. 21B-80. Conviction of certain offenses as grounds for |
8 | | disqualification for licensure or suspension or revocation of |
9 | | a license. |
10 | | (a) As used in this Section: |
11 | | "Drug offense" means any one or more of the following |
12 | | offenses: |
13 | | (1) Any offense defined in the Cannabis Control Act, |
14 | | except those defined in subdivisions (a), (b), and (c) of |
15 | | Section 4 and subdivisions (a) and (b) of Section 5 of the |
16 | | Cannabis Control Act and any offense for which the holder |
17 | | of a license is placed on probation under the provisions |
18 | | of Section 10 of the Cannabis Control Act, provided that |
19 | | if the terms and conditions of probation required by the |
20 | | court are not fulfilled, the offense is not eligible for |
21 | | this exception. |
22 | | (2) Any offense defined in the Illinois Controlled |
23 | | Substances Act, except any offense for which the holder of |
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1 | | a license is placed on probation under the provisions of |
2 | | Section 410 of the Illinois Controlled Substances Act, |
3 | | provided that if the terms and conditions of probation |
4 | | required by the court are not fulfilled, the offense is |
5 | | not eligible for this exception. |
6 | | (3) Any offense defined in the Methamphetamine Control |
7 | | and Community Protection Act, except any offense for which |
8 | | the holder of a license is placed on probation under the |
9 | | provision of Section 70 of that Act, provided that if the |
10 | | terms and conditions of probation required by the court |
11 | | are not fulfilled, the offense is not eligible for this |
12 | | exception. |
13 | | (4) Any attempt to commit any of the offenses listed |
14 | | in items (1) through (3) of this definition. |
15 | | (5) Any offense committed or attempted in any other |
16 | | state or against the laws of the United States that, if |
17 | | committed or attempted in this State, would have been |
18 | | punishable as one or more of the offenses listed in items |
19 | | (1) through (4) of this definition. |
20 | | The changes made by Public Act 96-431 to this definition are |
21 | | declaratory of existing law. |
22 | | "Sentence" includes any period of supervised release or |
23 | | probation that was imposed either alone or in combination with |
24 | | a period of incarceration. |
25 | | "Sex or other offense" means any one or more of the |
26 | | following offenses: |
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1 | | (A) Any offense defined in Article 9 of the Criminal |
2 | | Code of 1961 or the Criminal Code of 2012; Sections 11-6, |
3 | | 11-9 through 11-9.6 11-9.5 , inclusive, and 11-30 (if |
4 | | punished as a Class 4 felony) of the Criminal Code of 1961 |
5 | | or the Criminal Code of 2012; Sections 11-14.1 through |
6 | | 11-21, inclusive, of the Criminal Code of 1961 or the |
7 | | Criminal Code of 2012; Sections 11-23 (if punished as a |
8 | | Class 3 felony), 11-24, 11-25, and 11-26 of the Criminal |
9 | | Code of 1961 or the Criminal Code of 2012; Section 10-5.1, |
10 | | subsection (c) of Section 10-9, and Sections 11-6.6, |
11 | | 11-11, 12-3.05, 12-3.3, 12-6.4, 12-7.1, 12-34, 12-34.5, |
12 | | and 12-35 of the Criminal Code of 2012; and Sections |
13 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, |
14 | | 12-14.1, 12-15, 12-16, 12-32, 12-33, 12C-45, and 26-4 (if |
15 | | punished pursuant to subdivision (4) or (5) of subsection |
16 | | (d) of Section 26-4) of the Criminal Code of 1961 or the |
17 | | Criminal Code of 2012. |
18 | | (B) Any attempt to commit any of the offenses listed |
19 | | in item (A) of this definition. |
20 | | (C) Any offense committed or attempted in any other |
21 | | state that, if committed or attempted in this State, would |
22 | | have been punishable as one or more of the offenses listed |
23 | | in items (A) and (B) of this definition. |
24 | | (b) Whenever the holder of any license issued pursuant to |
25 | | this Article or applicant for a license to be issued pursuant |
26 | | to this Article has been convicted of any drug offense, other |
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1 | | than as provided in subsection (c) of this Section, the State |
2 | | Superintendent of Education shall forthwith suspend the |
3 | | license or deny the application, whichever is applicable, |
4 | | until 7 years following the end of the sentence for the |
5 | | criminal offense. If the conviction is reversed and the holder |
6 | | is acquitted of the offense in a new trial or the charges |
7 | | against him or her are dismissed, the State Superintendent of |
8 | | Education shall forthwith terminate the suspension of the |
9 | | license. |
10 | | (b-5) Whenever the holder of a license issued pursuant to |
11 | | this Article or applicant for a license to be issued pursuant |
12 | | to this Article has been charged with attempting to commit, |
13 | | conspiring to commit, soliciting, or committing any sex or |
14 | | other offense, as enumerated under item (A) of subsection (a), |
15 | | first degree murder, or a Class X felony or any offense |
16 | | committed or attempted in any other state or against the laws |
17 | | of the United States that, if committed or attempted in this |
18 | | State, would have been punishable as one or more of the |
19 | | foregoing offenses, the State Superintendent of Education |
20 | | shall immediately suspend the license or deny the application |
21 | | until the person's criminal charges are adjudicated through a |
22 | | court of competent jurisdiction. If the person is acquitted, |
23 | | his or her license or application shall be immediately |
24 | | reinstated. |
25 | | (c) Whenever the holder of a license issued pursuant to |
26 | | this Article or applicant for a license to be issued pursuant |
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1 | | to this Article has been convicted of attempting to commit, |
2 | | conspiring to commit, soliciting, or committing any sex or |
3 | | other offense, as enumerated under item (A) of subsection (a), |
4 | | first degree murder, or a Class X felony or any offense |
5 | | committed or attempted in any other state or against the laws |
6 | | of the United States that, if committed or attempted in this |
7 | | State, would have been punishable as one or more of the |
8 | | foregoing offenses, the State Superintendent of Education |
9 | | shall forthwith suspend the license or deny the application, |
10 | | whichever is applicable. If the conviction is reversed and the |
11 | | holder is acquitted of that offense in a new trial or the |
12 | | charges that he or she committed that offense are dismissed, |
13 | | the State Superintendent of Education shall forthwith |
14 | | terminate the suspension of the license. When the conviction |
15 | | becomes final, the State Superintendent of Education shall |
16 | | forthwith revoke the license. |
17 | | (Source: P.A. 101-531, eff. 8-23-19; 102-552, eff. 1-1-22 .) |
18 | | Section 10. The Criminal Code of 2012 is amended by adding |
19 | | Section 11-9.6 as follows: |
20 | | (720 ILCS 5/11-9.6 new) |
21 | | Sec. 11-9.6. Abuse by an educator or authority figure. |
22 | | (a) As used in this Section: |
23 | | "Authority figure" means a person 18 years of age or older |
24 | | who is not a student at a school but who at the time of the act |
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1 | | of sexual conduct or the act of sexual penetration is employed |
2 | | by, volunteering at, an agent of, or under contract with the |
3 | | same school a student attends, whether directly or through a |
4 | | firm holding a contract with the school. |
5 | | "Educator" means a person who is employed at the same |
6 | | school a student attends and who at the time of the act of |
7 | | sexual conduct or the act of sexual penetration: |
8 | | (1) instructs students at the school; |
9 | | (2) administers, directs, or supervises the |
10 | | educational instruction program or a portion of the |
11 | | educational instruction program at the school; |
12 | | (3) provides health or educational support services |
13 | | directly to students at the school; or |
14 | | (4) coaches students at the school. |
15 | | "School" means a public or nonpublic secondary school. |
16 | | "Student" means any person enrolled in a school. |
17 | | (b) A person commits abuse by an educator or authority |
18 | | figure if that person is an educator or authority figure at the |
19 | | school, the student is at least 18 years of age but under 23 |
20 | | years of age, the person is at least 4 years older than the |
21 | | student and holds or held within the previous year a position |
22 | | of trust, authority, or supervision in relation to the student |
23 | | in connection with an educational or extracurricular program |
24 | | or activity, and the person either: |
25 | | (1) commits an act of sexual conduct with the student; |
26 | | or |
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1 | | (2) commits an act of sexual penetration with the |
2 | | student. |
3 | | (c) Abuse by an educator or authority figure involving |
4 | | sexual conduct is a Class A misdemeanor for the first offense |
5 | | and a Class 4 felony for a second or subsequent offense or if |
6 | | there is more than one victim. |
7 | | (d) Abuse by an educator or authority figure involving |
8 | | sexual penetration is a Class 4 felony for the first offense |
9 | | and a Class 3 felony for a second or subsequent offense or if |
10 | | there is more than one victim. |
11 | | (e) Consent of the victim is not a defense to abuse by an |
12 | | educator or authority figure. |