Public Act 096-0807
 
HB0557 Enrolled LRB096 03855 RLC 13889 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    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
INSTITUTION OF HIGHER EDUCATION

 
    (720 ILCS 5/21.2-1)  (from Ch. 38, par. 21.2-1)
    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
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.
(Source: P.A. 76-1582.)
 
    (720 ILCS 5/21.2-2)  (from Ch. 38, par. 21.2-2)
    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:
    (a) willfully denies to a trustee, school board member,
superintendent, principal, employee, student or invitee of the
institution:
    (1) Freedom of movement at such place; or
    (2) Use of the property or facilities of the institution;
or
    (3) The right of ingress or egress to the property or
facilities of the institution; or
    (b) willfully impedes, obstructs, interferes with or
disrupts:
    (1) the performance of institutional duties by a trustee,
school board member, superintendent, principal, or employee of
the institution; or
    (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
    (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.
(Source: P.A. 76-1582.)
 
    (720 ILCS 5/21.2-3)  (from Ch. 38, par. 21.2-3)
    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.
(Source: P.A. 76-1582.)
 
    (720 ILCS 5/21.2-4)  (from Ch. 38, par. 21.2-4)
    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.
(Source: P.A. 77-2638.)
 
    (720 ILCS 5/21.2-5)  (from Ch. 38, par. 21.2-5)
    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.
    "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.
    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
conspicuously posted or exhibited at the main entrance of the
building or other facility, or the forbidden part thereof.
    "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.
(Source: P.A. 76-1582.)

Effective Date: 1/1/2010