Public Act 098-0393
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Public Act 098-0393 | ||||
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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 2012 is amended by adding | ||||
Section 12C-50.1 as follows: | ||||
(720 ILCS 5/12C-50.1 new) | ||||
Sec. 12C-50.1. Failure to report hazing. | ||||
(a) For purposes of this Section, "school official" | ||||
includes any and all paid school administrators, teachers, | ||||
counselors, support staff, and coaches and any and all | ||||
volunteer coaches employed by a school, college, university, or | ||||
other educational institution of this State. | ||||
(b) A school official commits failure to report hazing | ||||
when: | ||||
(1) while fulfilling his or her official | ||||
responsibilities as a school official, he or she personally | ||||
observes an act which is not sanctioned or authorized by | ||||
that educational institution; | ||||
(2) the act results in bodily harm to any person; and | ||||
(3) the school official knowingly fails to report the | ||||
act to supervising educational authorities or, in the event | ||||
of death or great bodily harm, to law enforcement. | ||||
(c) Sentence. Failure to report hazing is a Class B |
misdemeanor. If the act which the person failed to report | ||
resulted in death or great bodily harm, the offense is a Class | ||
A misdemeanor. | ||
(d) It is an affirmative defense to a charge of failure to | ||
report hazing under this Section that the person who personally | ||
observed the act had a reasonable apprehension that timely | ||
action to stop the act would result in the imminent infliction | ||
of death, great bodily harm, permanent disfigurement, or | ||
permanent disability to that person or another in retaliation | ||
for reporting. | ||
(e) Nothing in this Section shall be construed to allow | ||
prosecution of a person who personally observes the act of | ||
hazing and assists with an investigation and any subsequent | ||
prosecution of the offender. | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |