Illinois General Assembly - Full Text of HB0078
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Full Text of HB0078  97th General Assembly




HB0078 EnrolledLRB097 02955 NHT 45242 b

1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Criminal Code of 1961 is amended by adding
5Section 21-5.5 as follows:
6    (720 ILCS 5/21-5.5 new)
7    Sec. 21-5.5. Criminal trespass to a safe school zone.
8    (a) As used in this Section:
9    "Employee" means a person employed by a school whose
10relationship with that agency constitutes an employer-employee
11relationship under the usual common law rules, and who is not
12an independent contractor. "Employee" includes, but is not
13limited to, a teacher, student teacher, aide, secretary,
14custodial engineer, coach, or his or her designee.
15    "School administrator" means the school's principal, or
16his or her designee.
17    "Safe school zone" means an area that encompasses any of
18the following places during regular school hours or within 60
19minutes before or after the school day or 60 minutes before or
20after a school-sponsored activity. This shall include any
21school property, ground, or street, sidewalk, or public way
22immediately adjacent thereto and any public right-of-way
23situated immediately adjacent to school property. The safe



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1school zone shall not include any portion of the highway not
2actually on school property.
3    "School activity" means and includes any school session,
4any extracurricular activity or event sponsored by or
5participated in by the school, and the 60-minute periods
6immediately preceding and following any session, activity, or
8    "Student" means any person enrolled or previously enrolled
9in a school.
10    (b) A person commits the offense of criminal trespass to a
11safe school zone when he or she knowingly:
12        (1) enters or remains in a safe school zone without
13    lawful business, when as a student or employee, who has
14    been suspended, expelled, or dismissed for disrupting the
15    orderly operation of the school, and as a condition of the
16    suspension or dismissal, has been denied access to the safe
17    school zone for the period of the suspension or in the case
18    of dismissal for a period not to exceed the term of
19    expulsion, and has been served in person or by registered
20    or certified mail, at the last address given by that
21    person, with a written notice of the suspension or
22    dismissal and condition; or
23        (2) enters or remains in a safe school zone without
24    lawful business, once being served either in person or by
25    registered or certified mail that his or her presence has
26    been withdrawn by the school administrator, or his or her



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1    designee, and whose presence or acts interfere with, or
2    whenever there is reasonable suspicion to believe, such
3    person will disrupt the orderly operation, or the safety,
4    or peaceful conduct of the school or school activities.
5    This clause (b)(2) has no application to conduct protected
6    by the Illinois Educational Labor Relations Act or any
7    other law applicable to labor relations. This clause (b)(2)
8    has no application to conduct protected by the First
9    Amendment to the Constitution of the United States or
10    Article I of the Illinois Constitution, including the
11    exercise of free speech, free expression, and the free
12    exercise of religion or expression of religiously based
14    (c) Sentence. Criminal trespass to a safe school zone is a
15Class A misdemeanor.