Rep. Amy Elik

Filed: 4/1/2024

 

 


 

 


 
10300HB4241ham001LRB103 35346 RLC 71659 a

1
AMENDMENT TO HOUSE BILL 4241

2    AMENDMENT NO. ______. Amend House Bill 4241 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Section
521B-80 as follows:
 
6    (105 ILCS 5/21B-80)
7    Sec. 21B-80. Conviction of certain offenses as grounds for
8disqualification for licensure or suspension or revocation of
9a license.
10    (a) As used in this Section:
11    "Drug offense" means any one or more of the following
12offenses:
13        (1) Any offense defined in the Cannabis Control Act,
14    except those defined in subdivisions (a), (b), and (c) of
15    Section 4 and subdivisions (a) and (b) of Section 5 of the
16    Cannabis Control Act and any offense for which the holder

 

 

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1    of a license is placed on probation under the provisions
2    of Section 10 of the Cannabis Control Act, provided that
3    if the terms and conditions of probation required by the
4    court are not fulfilled, the offense is not eligible for
5    this exception.
6        (2) Any offense defined in the Illinois Controlled
7    Substances Act, except any offense for which the holder of
8    a license is placed on probation under the provisions of
9    Section 410 of the Illinois Controlled Substances Act,
10    provided that if the terms and conditions of probation
11    required by the court are not fulfilled, the offense is
12    not eligible for this exception.
13        (3) Any offense defined in the Methamphetamine Control
14    and Community Protection Act, except any offense for which
15    the holder of a license is placed on probation under the
16    provision of Section 70 of that Act, provided that if the
17    terms and conditions of probation required by the court
18    are not fulfilled, the offense is not eligible for this
19    exception.
20        (4) Any attempt to commit any of the offenses listed
21    in items (1) through (3) of this definition.
22        (5) Any offense committed or attempted in any other
23    state or against the laws of the United States that, if
24    committed or attempted in this State, would have been
25    punishable as one or more of the offenses listed in items
26    (1) through (4) of this definition.

 

 

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1The changes made by Public Act 96-431 to this definition are
2declaratory of existing law.
3    "Sentence" includes any period of supervised release or
4probation that was imposed either alone or in combination with
5a period of incarceration.
6    "Sex or other offense" means any one or more of the
7following offenses:
8        (A) Any offense defined in Article 9 of the Criminal
9    Code of 1961 or the Criminal Code of 2012; Sections 11-6,
10    11-9 through 11-9.6 11-9.5, inclusive, and 11-30 (if
11    punished as a Class 4 felony) of the Criminal Code of 1961
12    or the Criminal Code of 2012; Sections 11-14.1 through
13    11-21, inclusive, of the Criminal Code of 1961 or the
14    Criminal Code of 2012; Sections 11-23 (if punished as a
15    Class 3 felony), 11-24, 11-25, and 11-26 of the Criminal
16    Code of 1961 or the Criminal Code of 2012; Section 10-5.1,
17    subsection (c) of Section 10-9, and Sections 11-6.6,
18    11-11, 12-3.05, 12-3.3, 12-6.4, 12-7.1, 12-34, 12-34.5,
19    and 12-35 of the Criminal Code of 2012; and Sections
20    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
21    12-14.1, 12-15, 12-16, 12-32, 12-33, 12C-45, and 26-4 (if
22    punished pursuant to subdivision (4) or (5) of subsection
23    (d) of Section 26-4) of the Criminal Code of 1961 or the
24    Criminal Code of 2012.
25        (B) Any attempt to commit any of the offenses listed
26    in item (A) of this definition.

 

 

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1        (C) Any offense committed or attempted in any other
2    state that, if committed or attempted in this State, would
3    have been punishable as one or more of the offenses listed
4    in items (A) and (B) of this definition.
5    (b) Whenever the holder of any license issued pursuant to
6this Article or applicant for a license to be issued pursuant
7to this Article has been convicted of any drug offense, other
8than as provided in subsection (c) of this Section, the State
9Superintendent of Education shall forthwith suspend the
10license or deny the application, whichever is applicable,
11until 7 years following the end of the sentence for the
12criminal offense. If the conviction is reversed and the holder
13is acquitted of the offense in a new trial or the charges
14against him or her are dismissed, the State Superintendent of
15Education shall forthwith terminate the suspension of the
16license.
17    (b-5) Whenever the holder of a license issued pursuant to
18this Article or applicant for a license to be issued pursuant
19to this Article has been charged with attempting to commit,
20conspiring to commit, soliciting, or committing any sex or
21other offense, as enumerated under item (A) of subsection (a),
22first degree murder, or a Class X felony or any offense
23committed or attempted in any other state or against the laws
24of the United States that, if committed or attempted in this
25State, would have been punishable as one or more of the
26foregoing offenses, the State Superintendent of Education

 

 

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1shall immediately suspend the license or deny the application
2until the person's criminal charges are adjudicated through a
3court of competent jurisdiction. If the person is acquitted,
4his or her license or application shall be immediately
5reinstated.
6    (c) Whenever the holder of a license issued pursuant to
7this Article or applicant for a license to be issued pursuant
8to this Article has been convicted of attempting to commit,
9conspiring to commit, soliciting, or committing any sex or
10other offense, as enumerated under item (A) of subsection (a),
11first degree murder, or a Class X felony or any offense
12committed or attempted in any other state or against the laws
13of the United States that, if committed or attempted in this
14State, would have been punishable as one or more of the
15foregoing offenses, the State Superintendent of Education
16shall forthwith suspend the license or deny the application,
17whichever is applicable. If the conviction is reversed and the
18holder is acquitted of that offense in a new trial or the
19charges that he or she committed that offense are dismissed,
20the State Superintendent of Education shall forthwith
21terminate the suspension of the license. When the conviction
22becomes final, the State Superintendent of Education shall
23forthwith revoke the license.
24(Source: P.A. 101-531, eff. 8-23-19; 102-552, eff. 1-1-22.)
 
25    Section 10. The Criminal Code of 2012 is amended by adding

 

 

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1Section 11-9.6 as follows:
 
2    (720 ILCS 5/11-9.6 new)
3    Sec. 11-9.6. Abuse by an educator or authority figure.
4    (a) As used in this Section:
5    "Authority figure" means a person 18 years of age or older
6who is not a student at a school but who is employed by,
7volunteering at, an agent of, or under contract with the same
8school a student attends, whether directly or through a firm
9holding a contract with the school, and who holds a position of
10trust, authority, or supervision in relation to a student in
11the school.
12    "Educator" means a person who is employed at the same
13school a student attends and who:
14        (1) instructs students at the school;
15        (2) administers, directs, or supervises the
16    educational instruction program or a portion of the
17    educational instruction program at the school;
18        (3) provides health or educational support services
19    directly to students at the school; or
20        (4) coaches students at the school.
21    "School" means a school district, charter school, or
22nonpublic school that serves elementary or secondary students.
23    "Student" means any person enrolled or previously enrolled
24in a school.
25    (b) A person commits abuse by an educator or authority

 

 

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1figure if that person is an educator or authority figure at the
2school, the student is at least 18 years of age and is enrolled
3or was previously enrolled in the school within the past year,
4the person is at least 4 years older than the student, and the
5person either:
6        (1) commits an act of sexual conduct with the student;
7    or
8        (2) commits an act of sexual penetration with the
9    student.
10    (c) Abuse by an educator or authority figure involving
11sexual conduct is a Class A misdemeanor for the first offense
12and a Class 4 felony for a second or subsequent offense or if
13there is more than one victim.
14    (d) Abuse by an educator or authority figure involving
15sexual penetration is a Class 4 felony for the first offense
16and a Class 3 felony for a second or subsequent offense or if
17there is more than one victim.
18    (e) Consent of the victim is not a defense to abuse by an
19educator or authority figure.".