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.
|
| |
| | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
| |
| | A BILL FOR |
|
| | | HB5314 | | LRB102 25470 CMG 34757 b |
|
| 1 | | AN ACT concerning education.
| 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 adding Sections | 5 | | 10-20.83 and 34-18.78 and by changing Section 22-85.5 as | 6 | | follows: | 7 | | (105 ILCS 5/10-20.83 new) | 8 | | Sec. 10-20.83. Notice of sex offense charge against an | 9 | | employee. Within 7 days after receiving information that a | 10 | | school employee is charged with a sex offense, as defined | 11 | | under the Sex Offender Registration Act, the school board | 12 | | shall notify, in writing, the parents or guardians of the | 13 | | school'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, | 2 | | office staff, or any person who works on school grounds. | 3 | | " Sexual sexual misconduct" means any act, including, but | 4 | | not limited to,
any verbal, nonverbal, written, or electronic | 5 | | communication or
physical activity, by an employee or agent of | 6 | | the school district, charter school, or nonpublic school with | 7 | | direct contact with a student that is directed toward or with a | 8 | | student to establish a romantic or sexual relationship with | 9 | | the student. Such an act includes, but is not limited to, any | 10 | | of 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 | 21 | | school district, charter school, or nonpublic school shall | 22 | | develop an employee code of professional conduct policy that | 23 | | addresses 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 | 24 | | be posted on the website, if any, of each school district, | 25 | | charter school, or nonpublic school and must be included in | 26 | | any staff, student, or parent handbook provided by the school |
| | | HB5314 | - 5 - | LRB102 25470 CMG 34757 b |
|
| 1 | | district, charter school, or nonpublic, nonsectarian | 2 | | elementary or secondary school. | 3 | | (f) A violation of the employee code of professional | 4 | | conduct policy may subject an employee to disciplinary action | 5 | | up to and including dismissal from employment. Failure to | 6 | | report a violation of the employee code of professional | 7 | | conduct policy may subject an employee to disciplinary action | 8 | | up to and including dismissal from employment.
| 9 | | (g) A school district, charter school, or nonpublic school | 10 | | shall begin an investigation upon any indication of a sexual | 11 | | relationship between a student and a school-based employee. | 12 | | The investigation may be made by internal district or school | 13 | | staff and law enforcement personnel. If at any point during or | 14 | | after the investigation it is determined that the school-based | 15 | | employee had a sexual relationship with a student, then the | 16 | | school-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 | 20 | | employee. Within 7 days after receiving information that a | 21 | | school employee is charged with a sex offense, as defined | 22 | | under the Sex Offender Registration Act, the board shall | 23 | | notify, in writing, the parents or guardians of the school's | 24 | | students. |
| | | HB5314 | - 6 - | LRB102 25470 CMG 34757 b |
|
| 1 | | Section 10. The Criminal Code of 2012 is amended by | 2 | | changing 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 | 6 | | person 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 | 20 | | becoming law, except that Section 10 takes effect on January | 21 | | 1, 2023.
|
|