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


Rep. Naomi D. Jakobsson

Filed: 3/30/2011





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2    AMENDMENT NO. ______. Amend House Bill 78 by replacing
3everything after the enacting clause with the following:
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.



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1    "Safe school zone" means an area that encompasses any of
2the following places during regular school hours or within 60
3minutes before or after the school day or 60 minutes before or
4after a school-sponsored activity. This shall include any
5school property, ground, or street, sidewalk, or public way
6immediately adjacent thereto and any public right-of-way
7situated immediately adjacent to school property. The safe
8school zone shall not include any portion of the highway not
9actually on school property.
10    "School activity" means and includes any school session,
11any extracurricular activity or event sponsored by or
12participated in by the school, and the 60-minute periods
13immediately preceding and following any session, activity, or
15    "Student" means any person enrolled or previously enrolled
16in a school.
17    (b) A person commits the offense of criminal trespass to a
18safe school zone when he or she knowingly:
19        (1) enters or remains in a safe school zone without
20    lawful business, when as a student or employee, who has
21    been suspended, expelled, or dismissed for disrupting the
22    orderly operation of the school, and as a condition of the
23    suspension or dismissal, has been denied access to the safe
24    school zone for the period of the suspension or in the case
25    of dismissal for a period not to exceed the term of
26    expulsion, and has been served in person or by registered



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1    or certified mail, at the last address given by that
2    person, with a written notice of the suspension or
3    dismissal and condition; or
4        (2) enters or remains in a safe school zone without
5    lawful business, once being served either in person or by
6    registered or certified mail that his or her presence has
7    been withdrawn by the school administrator, or his or her
8    designee, and whose presence or acts interfere with, or
9    whenever there is reasonable suspicion to believe, such
10    person will disrupt the orderly operation, or the safety,
11    or peaceful conduct of the school or school activities.
12    (c) A person commits the offense of criminal trespass to a
13safe school zone when he or she enters or remains in a safe
14school zone and commits or attempts to commit any violation of
15criminal law.
16    (d) Sentence. Criminal trespass to a safe school zone is a
17Class A misdemeanor.".