Illinois General Assembly - Full Text of Public Act 097-0547
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Public Act 097-0547





Public Act 097-0547
HB0078 EnrolledLRB097 02955 NHT 45242 b

    AN ACT concerning education.
    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 adding
Section 21-5.5 as follows:
    (720 ILCS 5/21-5.5 new)
    Sec. 21-5.5. Criminal trespass to a safe school zone.
    (a) As used in this Section:
    "Employee" means a person employed by a school whose
relationship with that agency constitutes an employer-employee
relationship under the usual common law rules, and who is not
an independent contractor. "Employee" includes, but is not
limited to, a teacher, student teacher, aide, secretary,
custodial engineer, coach, or his or her designee.
    "School administrator" means the school's principal, or
his or her designee.
    "Safe school zone" means an area that encompasses any of
the following places during regular school hours or within 60
minutes before or after the school day or 60 minutes before or
after a school-sponsored activity. This shall include any
school property, ground, or street, sidewalk, or public way
immediately adjacent thereto and any public right-of-way
situated immediately adjacent to school property. The safe
school zone shall not include any portion of the highway not
actually on school property.
    "School activity" means and includes any school session,
any extracurricular activity or event sponsored by or
participated in by the school, and the 60-minute periods
immediately preceding and following any session, activity, or
    "Student" means any person enrolled or previously enrolled
in a school.
    (b) A person commits the offense of criminal trespass to a
safe school zone when he or she knowingly:
        (1) enters or remains in a safe school zone without
    lawful business, when as a student or employee, who has
    been suspended, expelled, or dismissed for disrupting the
    orderly operation of the school, and as a condition of the
    suspension or dismissal, has been denied access to the safe
    school zone for the period of the suspension or in the case
    of dismissal for a period not to exceed the term of
    expulsion, and has been served in person or by registered
    or certified mail, at the last address given by that
    person, with a written notice of the suspension or
    dismissal and condition; or
        (2) enters or remains in a safe school zone without
    lawful business, once being served either in person or by
    registered or certified mail that his or her presence has
    been withdrawn by the school administrator, or his or her
    designee, and whose presence or acts interfere with, or
    whenever there is reasonable suspicion to believe, such
    person will disrupt the orderly operation, or the safety,
    or peaceful conduct of the school or school activities.
    This clause (b)(2) has no application to conduct protected
    by the Illinois Educational Labor Relations Act or any
    other law applicable to labor relations. This clause (b)(2)
    has no application to conduct protected by the First
    Amendment to the Constitution of the United States or
    Article I of the Illinois Constitution, including the
    exercise of free speech, free expression, and the free
    exercise of religion or expression of religiously based
    (c) Sentence. Criminal trespass to a safe school zone is a
Class A misdemeanor.

Effective Date: 1/1/2012