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| Public Act 096-0807 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing | ||||
the heading of Article 21.2 and Sections 21.2-1, 21.2-2, | ||||
21.2-3, 21.2-4, and 21.2-5 as follows: | ||||
(720 ILCS 5/Art. 21.2 heading) | ||||
ARTICLE 21.2. INTERFERENCE WITH A PUBLIC
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INSTITUTION OF HIGHER EDUCATION
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(720 ILCS 5/21.2-1) (from Ch. 38, par. 21.2-1)
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Sec. 21.2-1. The General Assembly, in recognition of | ||||
unlawful campus and school disorders across
the nation which | ||||
are disruptive of the educational process, dangerous to
the | ||||
health and safety of persons, damaging to public and private | ||||
property,
and which divert the use of institutional facilities | ||||
from the primary
function of education, establishes by this Act | ||||
criminal penalties for
conduct declared in this Article to be | ||||
unlawful. However, this Article does
not modify or supersede | ||||
any other law relating to damage to persons or
property, nor | ||||
does it prevent a public institution of higher education from
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establishing restrictions upon the availability or use of any | ||||
building or
other facility owned, operated or controlled by the | ||||
institution to preserve
their dedication to education, nor from | ||
establishing standards of
scholastic and behavioral conduct | ||
reasonably relevant to the missions,
processes and functions of | ||
the institution, nor from invoking appropriate
discipline or | ||
expulsion for violations of such standards.
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(Source: P.A. 76-1582.)
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(720 ILCS 5/21.2-2) (from Ch. 38, par. 21.2-2)
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Sec. 21.2-2. A person commits interference with a public | ||
institution of higher
education when, on the campus of a public | ||
institution of higher education,
or at or in any building or | ||
other facility owned, operated or controlled by
the | ||
institution, without authority from the institution he, | ||
through force
or violence, actual or threatened:
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(a) willfully denies to a trustee, school board member, | ||
superintendent, principal, employee, student or invitee of the
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institution:
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(1) Freedom of movement at such place; or
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(2) Use of the property or facilities of the institution; | ||
or
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(3) The right of ingress or egress to the property or | ||
facilities of the
institution; or
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(b) willfully impedes, obstructs, interferes with or | ||
disrupts:
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(1) the performance of institutional duties by a trustee, | ||
school board member, superintendent, principal, or employee of
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the institution; or
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(2) the pursuit of educational activities, as determined or | ||
prescribed
by the institution, by a trustee, school board | ||
member, superintendent, principal, employee, student or | ||
invitee of the
institution; or
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(c) knowingly occupies or remains in or at any building, | ||
property or
other facility owned, operated or controlled by the | ||
institution after due
notice to depart.
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(Source: P.A. 76-1582.)
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(720 ILCS 5/21.2-3) (from Ch. 38, par. 21.2-3)
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Sec. 21.2-3. Nothing in this Article prevents lawful | ||
assembly of the trustees, school board members, | ||
superintendent, principal,
employees, students or invitees of | ||
a public institution of higher
education, or prevents orderly | ||
petition for redress of grievances.
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(Source: P.A. 76-1582.)
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(720 ILCS 5/21.2-4) (from Ch. 38, par. 21.2-4)
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Sec. 21.2-4. Sentence. A person convicted of violation of | ||
this Article commits a Class C
misdemeanor for the first | ||
offense and for a second or subsequent offense
commits a Class | ||
B misdemeanor. If the interference with the public institution | ||
of education is accompanied by a threat of personal injury or | ||
property damage, the person commits a Class 3 felony and may be | ||
sentenced to a term of imprisonment of not less than 2 years | ||
and not more than 10 years and may be prosecuted for | ||
intimidation in accordance with Section 12-6 of this Code.
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(Source: P.A. 77-2638.)
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(720 ILCS 5/21.2-5) (from Ch. 38, par. 21.2-5)
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Sec. 21.2-5. For the purposes of this Article the words and | ||
phrases described in this
Section have the meanings designated | ||
in this Section, except when a
particular context clearly | ||
requires a different meaning.
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"Public institution of higher education" means an | ||
educational
organization located in this State which provides | ||
an organized elementary, secondary, or post-high
school | ||
educational program, and which is supported in whole or in part | ||
by
appropriations of the General Assembly, a unit of local | ||
government or school district.
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A person has received "due notice" if he, or the group of | ||
which he is a
part, has been given oral or written notice from | ||
an authorized
representative of the public institution of | ||
higher education in a manner
reasonably designated to inform | ||
him, or the group of which he is a part,
that he or they should | ||
cease such action or depart from such premises. The
notice may | ||
also be given by a printed or written notice forbidding entry
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conspicuously posted or exhibited at the main entrance of the | ||
building or
other facility, or the forbidden part thereof.
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"Force or violence" includes, but is not limited to, use of | ||
one's
person, individually or in concert with others, to impede | ||
access to or
movement within or otherwise to interfere with the | ||
conduct of the
authorized activities of the public institution | ||
of higher education, its
trustees, school board members, | ||
superintendent, principal, employees, students or invitees.
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(Source: P.A. 76-1582.)
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