Illinois General Assembly - Full Text of HB1975
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Full Text of HB1975  102nd General Assembly




HB1975 EngrossedLRB102 16364 CMG 21751 b

1    AN ACT concerning children.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. This Act may be referred to as Faith's Law.
5    Section 5. The School Code is amended by adding Sections
62-3.182 and 22-85.5 and by changing Sections 21B-45 and 27A-5
7as follows:
8    (105 ILCS 5/2-3.182 new)
9    Sec. 2-3.182. Resource guide.
10    (a) By July 1, 2022, the State Board of Education, in
11consultation with relevant stakeholders, as needed, shall
12develop and maintain a resource guide that shall be made
13available on the State Board's Internet website. The resource
14guide shall provide guidance for pupils, parents or guardians,
15and teachers about sexual abuse response and prevention
16resources available in their community. The resource guide
17shall, at a minimum, provide all of the following information:
18        (1) Contact information, the location, and a list of
19    the services provided by or available through accredited
20    children's advocacy centers.
21        (2) Contact information and a list of the services
22    offered by organizations that provide medical evaluations



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1    and treatment to victims of child sexual abuse.
2        (3) Contact information and a list of the services
3    offered by organizations that provide mental health
4    evaluations and services to victims and the families of
5    victims of child sexual abuse.
6        (4) Contact information of organizations that offer
7    legal assistance to and provide advocacy on behalf of
8    victims of child sexual abuse.
9    (b) At the beginning of the school year, each school
10district, charter school, or nonpublic, nonsectarian
11elementary or secondary school shall notify the parents or
12guardians of enrolled students of the availability of the
13resource guide. Each school district, charter school, or
14nonpublic, nonsectarian elementary or secondary school shall
15furnish the resource guide to a student's parent or guardian
16at the request of the parent or guardian and may also make the
17resource guide available on its Internet website.
18    (c) The State Board of Education shall periodically review
19the information contained in the resource guide and update the
20information as necessary.
21    (105 ILCS 5/21B-45)
22    Sec. 21B-45. Professional Educator License renewal.
23    (a) Individuals holding a Professional Educator License
24are required to complete the licensure renewal requirements as
25specified in this Section, unless otherwise provided in this



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2    Individuals holding a Professional Educator License shall
3meet the renewal requirements set forth in this Section,
4unless otherwise provided in this Code. If an individual holds
5a license endorsed in more than one area that has different
6renewal requirements, that individual shall follow the renewal
7requirements for the position for which he or she spends the
8majority of his or her time working.
9    (b) All Professional Educator Licenses not renewed as
10provided in this Section shall lapse on September 1 of that
11year. Notwithstanding any other provisions of this Section, if
12a license holder's electronic mail address is available, the
13State Board of Education shall send him or her notification
14electronically that his or her license will lapse if not
15renewed, to be sent no more than 6 months prior to the license
16lapsing. Lapsed licenses may be immediately reinstated upon
17(i) payment by the applicant of a $500 penalty to the State
18Board of Education or (ii) the demonstration of proficiency by
19completing 9 semester hours of coursework from a regionally
20accredited institution of higher education in the content area
21that most aligns with one or more of the educator's
22endorsement areas. Any and all back fees, including without
23limitation registration fees owed from the time of expiration
24of the license until the date of reinstatement, shall be paid
25and kept in accordance with the provisions in Article 3 of this
26Code concerning an institute fund and the provisions in



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1Article 21B of this Code concerning fees and requirements for
2registration. Licenses not registered in accordance with
3Section 21B-40 of this Code shall lapse after a period of 6
4months from the expiration of the last year of registration or
5on January 1 of the fiscal year following initial issuance of
6the license. An unregistered license is invalid after
7September 1 for employment and performance of services in an
8Illinois public or State-operated school or cooperative and in
9a charter school. Any license or endorsement may be
10voluntarily surrendered by the license holder. A voluntarily
11surrendered license shall be treated as a revoked license. An
12Educator License with Stipulations with only a
13paraprofessional endorsement does not lapse.
14    (c) From July 1, 2013 through June 30, 2014, in order to
15satisfy the requirements for licensure renewal provided for in
16this Section, each professional educator licensee with an
17administrative endorsement who is working in a position
18requiring such endorsement shall complete one Illinois
19Administrators' Academy course, as described in Article 2 of
20this Code, per fiscal year.
21    (c-5) All licenses issued by the State Board of Education
22under this Article that expire on June 30, 2020 and have not
23been renewed by the end of the 2020 renewal period shall be
24extended for one year and shall expire on June 30, 2021.
25    (d) Beginning July 1, 2014, in order to satisfy the
26requirements for licensure renewal provided for in this



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1Section, each professional educator licensee may create a
2professional development plan each year. The plan shall
3address one or more of the endorsements that are required of
4his or her educator position if the licensee is employed and
5performing services in an Illinois public or State-operated
6school or cooperative. If the licensee is employed in a
7charter school, the plan shall address that endorsement or
8those endorsements most closely related to his or her educator
9position. Licensees employed and performing services in any
10other Illinois schools may participate in the renewal
11requirements by adhering to the same process.
12    Except as otherwise provided in this Section, the
13licensee's professional development activities shall align
14with one or more of the following criteria:
15        (1) activities are of a type that engage participants
16    over a sustained period of time allowing for analysis,
17    discovery, and application as they relate to student
18    learning, social or emotional achievement, or well-being;
19        (2) professional development aligns to the licensee's
20    performance;
21        (3) outcomes for the activities must relate to student
22    growth or district improvement;
23        (4) activities align to State-approved standards; and
24        (5) higher education coursework.
25    (e) For each renewal cycle, each professional educator
26licensee shall engage in professional development activities.



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1Prior to renewal, the licensee shall enter electronically into
2the Educator Licensure Information System (ELIS) the name,
3date, and location of the activity, the number of professional
4development hours, and the provider's name. The following
5provisions shall apply concerning professional development
7        (1) Each licensee shall complete a total of 120 hours
8    of professional development per 5-year renewal cycle in
9    order to renew the license, except as otherwise provided
10    in this Section.
11        (2) Beginning with his or her first full 5-year cycle,
12    any licensee with an administrative endorsement who is not
13    working in a position requiring such endorsement is not
14    required to complete Illinois Administrators' Academy
15    courses, as described in Article 2 of this Code. Such
16    licensees must complete one Illinois Administrators'
17    Academy course within one year after returning to a
18    position that requires the administrative endorsement.
19        (3) Any licensee with an administrative endorsement
20    who is working in a position requiring such endorsement or
21    an individual with a Teacher Leader endorsement serving in
22    an administrative capacity at least 50% of the day shall
23    complete one Illinois Administrators' Academy course, as
24    described in Article 2 of this Code, each fiscal year in
25    addition to 100 hours of professional development per
26    5-year renewal cycle in accordance with this Code.



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1        (4) Any licensee holding a current National Board for
2    Professional Teaching Standards (NBPTS) master teacher
3    designation shall complete a total of 60 hours of
4    professional development per 5-year renewal cycle in order
5    to renew the license.
6        (5) Licensees working in a position that does not
7    require educator licensure or working in a position for
8    less than 50% for any particular year are considered to be
9    exempt and shall be required to pay only the registration
10    fee in order to renew and maintain the validity of the
11    license.
12        (6) Licensees who are retired and qualify for benefits
13    from a State of Illinois retirement system shall notify
14    the State Board of Education using ELIS, and the license
15    shall be maintained in retired status. For any renewal
16    cycle in which a licensee retires during the renewal
17    cycle, the licensee must complete professional development
18    activities on a prorated basis depending on the number of
19    years during the renewal cycle the educator held an active
20    license. If a licensee retires during a renewal cycle, the
21    licensee must notify the State Board of Education using
22    ELIS that the licensee wishes to maintain the license in
23    retired status and must show proof of completion of
24    professional development activities on a prorated basis
25    for all years of that renewal cycle for which the license
26    was active. An individual with a license in retired status



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1    shall not be required to complete professional development
2    activities or pay registration fees until returning to a
3    position that requires educator licensure. Upon returning
4    to work in a position that requires the Professional
5    Educator License, the licensee shall immediately pay a
6    registration fee and complete renewal requirements for
7    that year. A license in retired status cannot lapse.
8    Beginning on January 6, 2017 (the effective date of Public
9    Act 99-920) through December 31, 2017, any licensee who
10    has retired and whose license has lapsed for failure to
11    renew as provided in this Section may reinstate that
12    license and maintain it in retired status upon providing
13    proof to the State Board of Education using ELIS that the
14    licensee is retired and is not working in a position that
15    requires a Professional Educator License.
16        (7) For any renewal cycle in which professional
17    development hours were required, but not fulfilled, the
18    licensee shall complete any missed hours to total the
19    minimum professional development hours required in this
20    Section prior to September 1 of that year. Professional
21    development hours used to fulfill the minimum required
22    hours for a renewal cycle may be used for only one renewal
23    cycle. For any fiscal year or renewal cycle in which an
24    Illinois Administrators' Academy course was required but
25    not completed, the licensee shall complete any missed
26    Illinois Administrators' Academy courses prior to



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1    September 1 of that year. The licensee may complete all
2    deficient hours and Illinois Administrators' Academy
3    courses while continuing to work in a position that
4    requires that license until September 1 of that year.
5        (8) Any licensee who has not fulfilled the
6    professional development renewal requirements set forth in
7    this Section at the end of any 5-year renewal cycle is
8    ineligible to register his or her license and may submit
9    an appeal to the State Superintendent of Education for
10    reinstatement of the license.
11        (9) If professional development opportunities were
12    unavailable to a licensee, proof that opportunities were
13    unavailable and request for an extension of time beyond
14    August 31 to complete the renewal requirements may be
15    submitted from April 1 through June 30 of that year to the
16    State Educator Preparation and Licensure Board. If an
17    extension is approved, the license shall remain valid
18    during the extension period.
19        (10) Individuals who hold exempt licenses prior to
20    December 27, 2013 (the effective date of Public Act
21    98-610) shall commence the annual renewal process with the
22    first scheduled registration due after December 27, 2013
23    (the effective date of Public Act 98-610).
24        (11) Notwithstanding any other provision of this
25    subsection (e), if a licensee earns more than the required
26    number of professional development hours during a renewal



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1    cycle, then the licensee may carry over any hours earned
2    from April 1 through June 30 of the last year of the
3    renewal cycle. Any hours carried over in this manner must
4    be applied to the next renewal cycle. Illinois
5    Administrators' Academy courses or hours earned in those
6    courses may not be carried over.
7    (f) At the time of renewal, each licensee shall respond to
8the required questions under penalty of perjury.
9    (f-5) The State Board of Education shall conduct random
10audits of licensees to verify a licensee's fulfillment of the
11professional development hours required under this Section.
12Upon completion of a random audit, if it is determined by the
13State Board of Education that the licensee did not complete
14the required number of professional development hours or did
15not provide sufficient proof of completion, the licensee shall
16be notified that his or her license has lapsed. A license that
17has lapsed under this subsection may be reinstated as provided
18in subsection (b).
19    (g) The following entities shall be designated as approved
20to provide professional development activities for the renewal
21of Professional Educator Licenses:
22        (1) The State Board of Education.
23        (2) Regional offices of education and intermediate
24    service centers.
25        (3) Illinois professional associations representing
26    the following groups that are approved by the State



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1    Superintendent of Education:
2            (A) school administrators;
3            (B) principals;
4            (C) school business officials;
5            (D) teachers, including special education
6        teachers;
7            (E) school boards;
8            (F) school districts;
9            (G) parents; and
10            (H) school service personnel.
11        (4) Regionally accredited institutions of higher
12    education that offer Illinois-approved educator
13    preparation programs and public community colleges subject
14    to the Public Community College Act.
15        (5) Illinois public school districts, charter schools
16    authorized under Article 27A of this Code, and joint
17    educational programs authorized under Article 10 of this
18    Code for the purposes of providing career and technical
19    education or special education services.
20        (6) A not-for-profit organization that, as of December
21    31, 2014 (the effective date of Public Act 98-1147), has
22    had or has a grant from or a contract with the State Board
23    of Education to provide professional development services
24    in the area of English Learning to Illinois school
25    districts, teachers, or administrators.
26        (7) State agencies, State boards, and State



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1    commissions.
2        (8) Museums as defined in Section 10 of the Museum
3    Disposition of Property Act.
4    (h) Approved providers under subsection (g) of this
5Section shall make available professional development
6opportunities that satisfy at least one of the following:
7        (1) increase the knowledge and skills of school and
8    district leaders who guide continuous professional
9    development;
10        (2) improve the learning of students;
11        (3) organize adults into learning communities whose
12    goals are aligned with those of the school and district;
13        (4) deepen educator's content knowledge;
14        (5) provide educators with research-based
15    instructional strategies to assist students in meeting
16    rigorous academic standards;
17        (6) prepare educators to appropriately use various
18    types of classroom assessments;
19        (7) use learning strategies appropriate to the
20    intended goals;
21        (8) provide educators with the knowledge and skills to
22    collaborate;
23        (9) prepare educators to apply research to decision
24    making; or
25        (10) provide educators with training on inclusive
26    practices in the classroom that examines instructional and



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1    behavioral strategies that improve academic and
2    social-emotional outcomes for all students, with or
3    without disabilities, in a general education setting; or .
4        (11) beginning on July 1, 2022, provide educators with
5    training on the physical and mental health needs of
6    students, student safety, educator ethics, professional
7    conduct, and other topics that address the well-being of
8    students and improve the academic and social-emotional
9    outcomes of students.
10    (i) Approved providers under subsection (g) of this
11Section shall do the following:
12        (1) align professional development activities to the
13    State-approved national standards for professional
14    learning;
15        (2) meet the professional development criteria for
16    Illinois licensure renewal;
17        (3) produce a rationale for the activity that explains
18    how it aligns to State standards and identify the
19    assessment for determining the expected impact on student
20    learning or school improvement;
21        (4) maintain original documentation for completion of
22    activities;
23        (5) provide license holders with evidence of
24    completion of activities;
25        (6) request an Illinois Educator Identification Number
26    (IEIN) for each educator during each professional



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1    development activity; and
2        (7) beginning on July 1, 2019, register annually with
3    the State Board of Education prior to offering any
4    professional development opportunities in the current
5    fiscal year.
6    (j) The State Board of Education shall conduct annual
7audits of a subset of approved providers, except for school
8districts, which shall be audited by regional offices of
9education and intermediate service centers. The State Board of
10Education shall ensure that each approved provider, except for
11a school district, is audited at least once every 5 years. The
12State Board of Education may conduct more frequent audits of
13providers if evidence suggests the requirements of this
14Section or administrative rules are not being met.
15        (1) (Blank).
16        (2) Approved providers shall comply with the
17    requirements in subsections (h) and (i) of this Section by
18    annually submitting data to the State Board of Education
19    demonstrating how the professional development activities
20    impacted one or more of the following:
21            (A) educator and student growth in regards to
22        content knowledge or skills, or both;
23            (B) educator and student social and emotional
24        growth; or
25            (C) alignment to district or school improvement
26        plans.



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1        (3) The State Superintendent of Education shall review
2    the annual data collected by the State Board of Education,
3    regional offices of education, and intermediate service
4    centers in audits to determine if the approved provider
5    has met the criteria and should continue to be an approved
6    provider or if further action should be taken as provided
7    in rules.
8    (k) Registration fees shall be paid for the next renewal
9cycle between April 1 and June 30 in the last year of each
105-year renewal cycle using ELIS. If all required professional
11development hours for the renewal cycle have been completed
12and entered by the licensee, the licensee shall pay the
13registration fees for the next cycle using a form of credit or
14debit card.
15    (l) Any professional educator licensee endorsed for school
16support personnel who is employed and performing services in
17Illinois public schools and who holds an active and current
18professional license issued by the Department of Financial and
19Professional Regulation or a national certification board, as
20approved by the State Board of Education, related to the
21endorsement areas on the Professional Educator License shall
22be deemed to have satisfied the continuing professional
23development requirements provided for in this Section. Such
24individuals shall be required to pay only registration fees to
25renew the Professional Educator License. An individual who
26does not hold a license issued by the Department of Financial



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1and Professional Regulation shall complete professional
2development requirements for the renewal of a Professional
3Educator License provided for in this Section.
4    (m) Appeals to the State Educator Preparation and
5Licensure Board must be made within 30 days after receipt of
6notice from the State Superintendent of Education that a
7license will not be renewed based upon failure to complete the
8requirements of this Section. A licensee may appeal that
9decision to the State Educator Preparation and Licensure Board
10in a manner prescribed by rule.
11        (1) Each appeal shall state the reasons why the State
12    Superintendent's decision should be reversed and shall be
13    sent by certified mail, return receipt requested, to the
14    State Board of Education.
15        (2) The State Educator Preparation and Licensure Board
16    shall review each appeal regarding renewal of a license
17    within 90 days after receiving the appeal in order to
18    determine whether the licensee has met the requirements of
19    this Section. The State Educator Preparation and Licensure
20    Board may hold an appeal hearing or may make its
21    determination based upon the record of review, which shall
22    consist of the following:
23            (A) the regional superintendent of education's
24        rationale for recommending nonrenewal of the license,
25        if applicable;
26            (B) any evidence submitted to the State



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1        Superintendent along with the individual's electronic
2        statement of assurance for renewal; and
3            (C) the State Superintendent's rationale for
4        nonrenewal of the license.
5        (3) The State Educator Preparation and Licensure Board
6    shall notify the licensee of its decision regarding
7    license renewal by certified mail, return receipt
8    requested, no later than 30 days after reaching a
9    decision. Upon receipt of notification of renewal, the
10    licensee, using ELIS, shall pay the applicable
11    registration fee for the next cycle using a form of credit
12    or debit card.
13    (n) The State Board of Education may adopt rules as may be
14necessary to implement this Section.
15(Source: P.A. 100-13, eff. 7-1-17; 100-339, eff. 8-25-17;
16100-596, eff. 7-1-18; 100-863, eff. 8-14-18; 101-85, eff.
171-1-20; 101-531, eff. 8-23-19; 101-643, eff. 6-18-20.)
18    (105 ILCS 5/22-85.5 new)
19    Sec. 22-85.5. Sexual misconduct in schools.
20    (a) This Section applies beginning on July 1, 2022.
21    (b) The General Assembly finds that:
22        (1) the success of students in school relies on safe
23    learning environments and healthy relationships with
24    school personnel;
25        (2) it is important for staff to maintain a



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1    professional relationship with students at all times and
2    to define staff-student boundaries to protect students
3    from sexual misconduct by staff and staff from the
4    appearance of impropriety;
5        (3) many breaches of staff-student boundaries do not
6    rise to the level of criminal behavior but do pose a
7    potential risk to student safety;
8        (4) repeated violations of staff–student boundaries
9    can indicate the grooming of a student for sexual abuse;
10        (5) it is necessary to uphold the State Board of
11    Education's Code of Ethics for Illinois Educators and for
12    each school district, charter school, or nonpublic,
13    nonsectarian elementary or secondary school to have an
14    employee code of professional conduct policy;
15        (6) each school district, charter school, or
16    nonpublic, nonsectarian elementary or secondary school
17    must have the ability to discipline educators for breaches
18    of its employee code of professional conduct policy;
19        (7) each school district, charter school, or
20    nonpublic, nonsectarian elementary or secondary school
21    must have the ability to know if any of its educators have
22    violated professional staff–student boundaries in previous
23    employment; and
24        (8) as bystanders, educators may have knowledge of
25    concerning behaviors that no one else is aware of, so they
26    need adequate training on sexual abuse, the employee code



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1    of professional conduct policy, and federal and State
2    reporting requirements.
3    (c) In this Section, "sexual misconduct" means any act,
4including, but not limited to, any verbal, nonverbal, written,
5or electronic communication or physical activity, by an
6employee or agent of the school district, charter school, or
7nonpublic, nonsectarian elementary or secondary school with
8direct contact with a student that is directed toward or with a
9student to establish a romantic or sexual relationship with
10the student. Such an act includes, but is not limited to, any
11of the following:
12        (1) A sexual or romantic invitation.
13        (2) Dating or requesting or participating in a private
14    meeting outside of the employee's or agent's professional
15    role with a student, including meeting in person or
16    through electronic communication.
17        (3) Engaging in sexualized or romantic dialog.
18        (4) Making sexually suggestive comments that are
19    directed toward or with a student.
20        (5) Self-disclosure or physical exposure of a sexual,
21    romantic, or erotic nature.
22        (6) A sexual, indecent, romantic, or erotic contact
23    with the student.
24    (d) To prevent sexual misconduct with students, each
25school district, charter school, or nonpublic, nonsectarian
26elementary or secondary school shall develop an employee code



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1of professional conduct policy that addresses all of the
3        (1) Incorporates the Code of Ethics for Illinois
4    Educators.
5        (2) Incorporates the definition of "sexual misconduct"
6    in this Section.
7        (3) Identifies the expectations for employees and
8    agents of the school district, charter school, or
9    nonpublic, nonsectarian elementary or secondary school
10    regarding how to maintain a professional relationship with
11    students, including the expectations for staff-student
12    boundaries, recognizing the age and developmental level of
13    the students served, and establishes guidelines for all of
14    the following situations:
15            (A) Transporting a student.
16            (B) Taking or possessing a photo or a video of a
17        student.
18            (C) Meeting with a student or contacting a student
19        outside of the employee's or agent's professional
20        role.
21        (4) References the employee reporting requirements
22    required under the Abused and Neglected Child Reporting
23    Act and under Title IX of the federal Education Amendments
24    of 1972.
25        (5) References required employee training that is
26    related to child abuse and educator ethics that are



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1    applicable under State and federal law.
2    (e) The employee code of professional conduct policy must
3be posted on the website, if any, of each school district,
4charter school, or nonpublic, nonsectarian elementary or
5secondary school and must be included in any staff, student,
6or parent handbook provided by the school district, charter
7school, or nonpublic, nonsectarian elementary or secondary
9    (f) A violation of the employee code of professional
10conduct policy may subject an employee to disciplinary action
11up to and including dismissal from employment. Failure to
12report a violation of the employee code of professional
13conduct policy may subject an employee to disciplinary action
14up to and including dismissal from employment.
15    (105 ILCS 5/27A-5)
16    Sec. 27A-5. Charter school; legal entity; requirements.
17    (a) A charter school shall be a public, nonsectarian,
18nonreligious, non-home based, and non-profit school. A charter
19school shall be organized and operated as a nonprofit
20corporation or other discrete, legal, nonprofit entity
21authorized under the laws of the State of Illinois.
22    (b) A charter school may be established under this Article
23by creating a new school or by converting an existing public
24school or attendance center to charter school status.
25Beginning on April 16, 2003 (the effective date of Public Act



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193-3), in all new applications to establish a charter school
2in a city having a population exceeding 500,000, operation of
3the charter school shall be limited to one campus. The changes
4made to this Section by Public Act 93-3 do not apply to charter
5schools existing or approved on or before April 16, 2003 (the
6effective date of Public Act 93-3).
7    (b-5) In this subsection (b-5), "virtual-schooling" means
8a cyber school where students engage in online curriculum and
9instruction via the Internet and electronic communication with
10their teachers at remote locations and with students
11participating at different times.
12    From April 1, 2013 through December 31, 2016, there is a
13moratorium on the establishment of charter schools with
14virtual-schooling components in school districts other than a
15school district organized under Article 34 of this Code. This
16moratorium does not apply to a charter school with
17virtual-schooling components existing or approved prior to
18April 1, 2013 or to the renewal of the charter of a charter
19school with virtual-schooling components already approved
20prior to April 1, 2013.
21    (c) A charter school shall be administered and governed by
22its board of directors or other governing body in the manner
23provided in its charter. The governing body of a charter
24school shall be subject to the Freedom of Information Act and
25the Open Meetings Act. No later than January 1, 2021 (one year
26after the effective date of Public Act 101-291), a charter



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1school's board of directors or other governing body must
2include at least one parent or guardian of a pupil currently
3enrolled in the charter school who may be selected through the
4charter school or a charter network election, appointment by
5the charter school's board of directors or other governing
6body, or by the charter school's Parent Teacher Organization
7or its equivalent.
8    (c-5) No later than January 1, 2021 (one year after the
9effective date of Public Act 101-291) or within the first year
10of his or her first term, every voting member of a charter
11school's board of directors or other governing body shall
12complete a minimum of 4 hours of professional development
13leadership training to ensure that each member has sufficient
14familiarity with the board's or governing body's role and
15responsibilities, including financial oversight and
16accountability of the school, evaluating the principal's and
17school's performance, adherence to the Freedom of Information
18Act and the Open Meetings Act, and compliance with education
19and labor law. In each subsequent year of his or her term, a
20voting member of a charter school's board of directors or
21other governing body shall complete a minimum of 2 hours of
22professional development training in these same areas. The
23training under this subsection may be provided or certified by
24a statewide charter school membership association or may be
25provided or certified by other qualified providers approved by
26the State Board of Education.



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1    (d) For purposes of this subsection (d), "non-curricular
2health and safety requirement" means any health and safety
3requirement created by statute or rule to provide, maintain,
4preserve, or safeguard safe or healthful conditions for
5students and school personnel or to eliminate, reduce, or
6prevent threats to the health and safety of students and
7school personnel. "Non-curricular health and safety
8requirement" does not include any course of study or
9specialized instructional requirement for which the State
10Board has established goals and learning standards or which is
11designed primarily to impart knowledge and skills for students
12to master and apply as an outcome of their education.
13    A charter school shall comply with all non-curricular
14health and safety requirements applicable to public schools
15under the laws of the State of Illinois. On or before September
161, 2015, the State Board shall promulgate and post on its
17Internet website a list of non-curricular health and safety
18requirements that a charter school must meet. The list shall
19be updated annually no later than September 1. Any charter
20contract between a charter school and its authorizer must
21contain a provision that requires the charter school to follow
22the list of all non-curricular health and safety requirements
23promulgated by the State Board and any non-curricular health
24and safety requirements added by the State Board to such list
25during the term of the charter. Nothing in this subsection (d)
26precludes an authorizer from including non-curricular health



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1and safety requirements in a charter school contract that are
2not contained in the list promulgated by the State Board,
3including non-curricular health and safety requirements of the
4authorizing local school board.
5    (e) Except as otherwise provided in the School Code, a
6charter school shall not charge tuition; provided that a
7charter school may charge reasonable fees for textbooks,
8instructional materials, and student activities.
9    (f) A charter school shall be responsible for the
10management and operation of its fiscal affairs including, but
11not limited to, the preparation of its budget. An audit of each
12charter school's finances shall be conducted annually by an
13outside, independent contractor retained by the charter
14school. To ensure financial accountability for the use of
15public funds, on or before December 1 of every year of
16operation, each charter school shall submit to its authorizer
17and the State Board a copy of its audit and a copy of the Form
18990 the charter school filed that year with the federal
19Internal Revenue Service. In addition, if deemed necessary for
20proper financial oversight of the charter school, an
21authorizer may require quarterly financial statements from
22each charter school.
23    (g) A charter school shall comply with all provisions of
24this Article, the Illinois Educational Labor Relations Act,
25all federal and State laws and rules applicable to public
26schools that pertain to special education and the instruction



HB1975 Engrossed- 26 -LRB102 16364 CMG 21751 b

1of English learners, and its charter. A charter school is
2exempt from all other State laws and regulations in this Code
3governing public schools and local school board policies;
4however, a charter school is not exempt from the following:
5        (1) Sections 10-21.9 and 34-18.5 of this Code
6    regarding criminal history records checks and checks of
7    the Statewide Sex Offender Database and Statewide Murderer
8    and Violent Offender Against Youth Database of applicants
9    for employment;
10        (2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
11    34-84a of this Code regarding discipline of students;
12        (3) the Local Governmental and Governmental Employees
13    Tort Immunity Act;
14        (4) Section 108.75 of the General Not For Profit
15    Corporation Act of 1986 regarding indemnification of
16    officers, directors, employees, and agents;
17        (5) the Abused and Neglected Child Reporting Act;
18        (5.5) subsection (b) of Section 10-23.12 and
19    subsection (b) of Section 34-18.6 of this Code;
20        (6) the Illinois School Student Records Act;
21        (7) Section 10-17a of this Code regarding school
22    report cards;
23        (8) the P-20 Longitudinal Education Data System Act;
24        (9) Section 27-23.7 of this Code regarding bullying
25    prevention;
26        (10) Section 2-3.162 of this Code regarding student



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1    discipline reporting;
2        (11) Sections 22-80 and 27-8.1 of this Code;
3        (12) Sections 10-20.60 and 34-18.53 of this Code;
4        (13) Sections 10-20.63 and 34-18.56 of this Code;
5        (14) Section 26-18 of this Code;
6        (15) Section 22-30 of this Code;
7        (16) Sections 24-12 and 34-85 of this Code;
8        (17) the Seizure Smart School Act; and
9        (18) Section 2-3.64a-10 of this Code; .
10        (19) Section 2-3.182 of this Code; and
11        (20) Section 22-85.5 of this Code.
12    The change made by Public Act 96-104 to this subsection
13(g) is declaratory of existing law.
14    (h) A charter school may negotiate and contract with a
15school district, the governing body of a State college or
16university or public community college, or any other public or
17for-profit or nonprofit private entity for: (i) the use of a
18school building and grounds or any other real property or
19facilities that the charter school desires to use or convert
20for use as a charter school site, (ii) the operation and
21maintenance thereof, and (iii) the provision of any service,
22activity, or undertaking that the charter school is required
23to perform in order to carry out the terms of its charter.
24However, a charter school that is established on or after
25April 16, 2003 (the effective date of Public Act 93-3) and that
26operates in a city having a population exceeding 500,000 may



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1not contract with a for-profit entity to manage or operate the
2school during the period that commences on April 16, 2003 (the
3effective date of Public Act 93-3) and concludes at the end of
4the 2004-2005 school year. Except as provided in subsection
5(i) of this Section, a school district may charge a charter
6school reasonable rent for the use of the district's
7buildings, grounds, and facilities. Any services for which a
8charter school contracts with a school district shall be
9provided by the district at cost. Any services for which a
10charter school contracts with a local school board or with the
11governing body of a State college or university or public
12community college shall be provided by the public entity at
14    (i) In no event shall a charter school that is established
15by converting an existing school or attendance center to
16charter school status be required to pay rent for space that is
17deemed available, as negotiated and provided in the charter
18agreement, in school district facilities. However, all other
19costs for the operation and maintenance of school district
20facilities that are used by the charter school shall be
21subject to negotiation between the charter school and the
22local school board and shall be set forth in the charter.
23    (j) A charter school may limit student enrollment by age
24or grade level.
25    (k) If the charter school is approved by the State Board or
26Commission, then the charter school is its own local education



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2(Source: P.A. 100-29, eff. 1-1-18; 100-156, eff. 1-1-18;
3100-163, eff. 1-1-18; 100-413, eff. 1-1-18; 100-468, eff.
46-1-18; 100-726, eff. 1-1-19; 100-863, eff. 8-14-18; 101-50,
5eff. 7-1-20; 101-81, eff. 7-12-19; 101-291, eff. 1-1-20;
6101-531, eff. 8-23-19; 101-543, eff. 8-23-19; 101-654, eff.
8    Section 10. The Abused and Neglected Child Reporting Act
9is amended by changing Section 3 as follows:
10    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
11    Sec. 3. As used in this Act unless the context otherwise
13    "Adult resident" means any person between 18 and 22 years
14of age who resides in any facility licensed by the Department
15under the Child Care Act of 1969. For purposes of this Act, the
16criteria set forth in the definitions of "abused child" and
17"neglected child" shall be used in determining whether an
18adult resident is abused or neglected.
19    "Agency" means a child care facility licensed under
20Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
21includes a transitional living program that accepts children
22and adult residents for placement who are in the guardianship
23of the Department.
24    "Blatant disregard" means an incident where the real,



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1significant, and imminent risk of harm would be so obvious to a
2reasonable parent or caretaker that it is unlikely that a
3reasonable parent or caretaker would have exposed the child to
4the danger without exercising precautionary measures to
5protect the child from harm. With respect to a person working
6at an agency in his or her professional capacity with a child
7or adult resident, "blatant disregard" includes a failure by
8the person to perform job responsibilities intended to protect
9the child's or adult resident's health, physical well-being,
10or welfare, and, when viewed in light of the surrounding
11circumstances, evidence exists that would cause a reasonable
12person to believe that the child was neglected. With respect
13to an agency, "blatant disregard" includes a failure to
14implement practices that ensure the health, physical
15well-being, or welfare of the children and adult residents
16residing in the facility.
17    "Child" means any person under the age of 18 years, unless
18legally emancipated by reason of marriage or entry into a
19branch of the United States armed services.
20    "Department" means Department of Children and Family
22    "Local law enforcement agency" means the police of a city,
23town, village or other incorporated area or the sheriff of an
24unincorporated area or any sworn officer of the Illinois
25Department of State Police.
26    "Abused child" means a child whose parent or immediate



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1family member, or any person responsible for the child's
2welfare, or any individual residing in the same home as the
3child, or a paramour of the child's parent:
4        (a) inflicts, causes to be inflicted, or allows to be
5    inflicted upon such child physical injury, by other than
6    accidental means, which causes death, disfigurement,
7    impairment of physical or emotional health, or loss or
8    impairment of any bodily function;
9        (b) creates a substantial risk of physical injury to
10    such child by other than accidental means which would be
11    likely to cause death, disfigurement, impairment of
12    physical or emotional health, or loss or impairment of any
13    bodily function;
14        (c) commits or allows to be committed any sex offense
15    against such child, as such sex offenses are defined in
16    the Criminal Code of 2012 or in the Wrongs to Children Act,
17    and extending those definitions of sex offenses to include
18    children under 18 years of age;
19        (d) commits or allows to be committed an act or acts of
20    torture upon such child;
21        (e) inflicts excessive corporal punishment or, in the
22    case of a person working for an agency who is prohibited
23    from using corporal punishment, inflicts corporal
24    punishment upon a child or adult resident with whom the
25    person is working in his or her professional capacity;
26        (f) commits or allows to be committed the offense of



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1    female genital mutilation, as defined in Section 12-34 of
2    the Criminal Code of 2012, against the child;
3        (g) causes to be sold, transferred, distributed, or
4    given to such child under 18 years of age, a controlled
5    substance as defined in Section 102 of the Illinois
6    Controlled Substances Act in violation of Article IV of
7    the Illinois Controlled Substances Act or in violation of
8    the Methamphetamine Control and Community Protection Act,
9    except for controlled substances that are prescribed in
10    accordance with Article III of the Illinois Controlled
11    Substances Act and are dispensed to such child in a manner
12    that substantially complies with the prescription; or
13        (h) commits or allows to be committed the offense of
14    involuntary servitude, involuntary sexual servitude of a
15    minor, or trafficking in persons as defined in Section
16    10-9 of the Criminal Code of 2012 against the child; or .
17        (i) commits the offense of grooming, as defined in
18    Section 11-25 of the Criminal Code of 2012, against the
19    child.
20    A child shall not be considered abused for the sole reason
21that the child has been relinquished in accordance with the
22Abandoned Newborn Infant Protection Act.
23    "Neglected child" means any child who is not receiving the
24proper or necessary nourishment or medically indicated
25treatment including food or care not provided solely on the
26basis of the present or anticipated mental or physical



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1impairment as determined by a physician acting alone or in
2consultation with other physicians or otherwise is not
3receiving the proper or necessary support or medical or other
4remedial care recognized under State law as necessary for a
5child's well-being, or other care necessary for his or her
6well-being, including adequate food, clothing and shelter; or
7who is subjected to an environment which is injurious insofar
8as (i) the child's environment creates a likelihood of harm to
9the child's health, physical well-being, or welfare and (ii)
10the likely harm to the child is the result of a blatant
11disregard of parent, caretaker, or agency responsibilities; or
12who is abandoned by his or her parents or other person
13responsible for the child's welfare without a proper plan of
14care; or who has been provided with interim crisis
15intervention services under Section 3-5 of the Juvenile Court
16Act of 1987 and whose parent, guardian, or custodian refuses
17to permit the child to return home and no other living
18arrangement agreeable to the parent, guardian, or custodian
19can be made, and the parent, guardian, or custodian has not
20made any other appropriate living arrangement for the child;
21or who is a newborn infant whose blood, urine, or meconium
22contains any amount of a controlled substance as defined in
23subsection (f) of Section 102 of the Illinois Controlled
24Substances Act or a metabolite thereof, with the exception of
25a controlled substance or metabolite thereof whose presence in
26the newborn infant is the result of medical treatment



HB1975 Engrossed- 34 -LRB102 16364 CMG 21751 b

1administered to the mother or the newborn infant. A child
2shall not be considered neglected for the sole reason that the
3child's parent or other person responsible for his or her
4welfare has left the child in the care of an adult relative for
5any period of time. A child shall not be considered neglected
6for the sole reason that the child has been relinquished in
7accordance with the Abandoned Newborn Infant Protection Act. A
8child shall not be considered neglected or abused for the sole
9reason that such child's parent or other person responsible
10for his or her welfare depends upon spiritual means through
11prayer alone for the treatment or cure of disease or remedial
12care as provided under Section 4 of this Act. A child shall not
13be considered neglected or abused solely because the child is
14not attending school in accordance with the requirements of
15Article 26 of The School Code, as amended.
16    "Child Protective Service Unit" means certain specialized
17State employees of the Department assigned by the Director to
18perform the duties and responsibilities as provided under
19Section 7.2 of this Act.
20    "Near fatality" means an act that, as certified by a
21physician, places the child in serious or critical condition,
22including acts of great bodily harm inflicted upon children
23under 13 years of age, and as otherwise defined by Department
25    "Great bodily harm" includes bodily injury which creates a
26high probability of death, or which causes serious permanent



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1disfigurement, or which causes a permanent or protracted loss
2or impairment of the function of any bodily member or organ, or
3other serious bodily harm.
4    "Person responsible for the child's welfare" means the
5child's parent; guardian; foster parent; relative caregiver;
6any person responsible for the child's welfare in a public or
7private residential agency or institution; any person
8responsible for the child's welfare within a public or private
9profit or not for profit child care facility; or any other
10person responsible for the child's welfare at the time of the
11alleged abuse or neglect, including any person that is the
12custodian of a child under 18 years of age who commits or
13allows to be committed, against the child, the offense of
14involuntary servitude, involuntary sexual servitude of a
15minor, or trafficking in persons for forced labor or services,
16as provided in Section 10-9 of the Criminal Code of 2012, or
17any person who came to know the child through an official
18capacity or position of trust, including but not limited to
19health care professionals, educational personnel, recreational
20supervisors, members of the clergy, and volunteers or support
21personnel in any setting where children may be subject to
22abuse or neglect.
23    "Temporary protective custody" means custody within a
24hospital or other medical facility or a place previously
25designated for such custody by the Department, subject to
26review by the Court, including a licensed foster home, group



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1home, or other institution; but such place shall not be a jail
2or other place for the detention of criminal or juvenile
4    "An unfounded report" means any report made under this Act
5for which it is determined after an investigation that no
6credible evidence of abuse or neglect exists.
7    "An indicated report" means a report made under this Act
8if an investigation determines that credible evidence of the
9alleged abuse or neglect exists.
10    "An undetermined report" means any report made under this
11Act in which it was not possible to initiate or complete an
12investigation on the basis of information provided to the
14    "Subject of report" means any child reported to the
15central register of child abuse and neglect established under
16Section 7.7 of this Act as an alleged victim of child abuse or
17neglect and the parent or guardian of the alleged victim or
18other person responsible for the alleged victim's welfare who
19is named in the report or added to the report as an alleged
20perpetrator of child abuse or neglect.
21    "Perpetrator" means a person who, as a result of
22investigation, has been determined by the Department to have
23caused child abuse or neglect.
24    "Member of the clergy" means a clergyman or practitioner
25of any religious denomination accredited by the religious body
26to which he or she belongs.



HB1975 Engrossed- 37 -LRB102 16364 CMG 21751 b

1(Source: P.A. 99-350, eff. 6-1-16; 100-733, eff. 1-1-19.)
2    Section 15. The Criminal Code of 2012 is amended by
3changing Sections 11-1.20, 11-1.60, and 11-25 as follows:
4    (720 ILCS 5/11-1.20)   (was 720 ILCS 5/12-13)
5    Sec. 11-1.20. Criminal sexual assault.
6    (a) A person commits criminal sexual assault if that
7person commits an act of sexual penetration and:
8        (1) uses force or threat of force;
9        (2) knows that the victim is unable to understand the
10    nature of the act or is unable to give knowing consent;
11        (3) is a family member of the victim, and the victim is
12    under 18 years of age; or
13        (4) is 17 years of age or over and holds a position of
14    trust, authority, or supervision in relation to the
15    victim, and the victim is at least 13 years of age but
16    under 18 years of age; or .
17        (5) the victim is enrolled as a student at a public or
18    nonpublic secondary school and the accused held a position
19    of trust, authority, or supervision in relation to the
20    victim in connection with an educational or
21    extracurricular program or activity, regardless of the
22    location of the commission of the act.
23    (b) Sentence.
24        (1) Criminal sexual assault is a Class 1 felony,



HB1975 Engrossed- 38 -LRB102 16364 CMG 21751 b

1    except that:
2            (A) A person who is convicted of the offense of
3        criminal sexual assault as defined in paragraph (a)(1)
4        or (a)(2) after having previously been convicted of
5        the offense of criminal sexual assault or the offense
6        of exploitation of a child, or who is convicted of the
7        offense of criminal sexual assault as defined in
8        paragraph (a)(1) or (a)(2) after having previously
9        been convicted under the laws of this State or any
10        other state of an offense that is substantially
11        equivalent to the offense of criminal sexual assault
12        or to the offense of exploitation of a child, commits a
13        Class X felony for which the person shall be sentenced
14        to a term of imprisonment of not less than 30 years and
15        not more than 60 years, except that if the person is
16        under the age of 18 years at the time of the offense,
17        he or she shall be sentenced under Section 5-4.5-105
18        of the Unified Code of Corrections. The commission of
19        the second or subsequent offense is required to have
20        been after the initial conviction for this paragraph
21        (A) to apply.
22            (B) A person who has attained the age of 18 years
23        at the time of the commission of the offense and who is
24        convicted of the offense of criminal sexual assault as
25        defined in paragraph (a)(1) or (a)(2) after having
26        previously been convicted of the offense of aggravated



HB1975 Engrossed- 39 -LRB102 16364 CMG 21751 b

1        criminal sexual assault or the offense of predatory
2        criminal sexual assault of a child, or who is
3        convicted of the offense of criminal sexual assault as
4        defined in paragraph (a)(1) or (a)(2) after having
5        previously been convicted under the laws of this State
6        or any other state of an offense that is substantially
7        equivalent to the offense of aggravated criminal
8        sexual assault or the offense of predatory criminal
9        sexual assault of a child shall be sentenced to a term
10        of natural life imprisonment. The commission of the
11        second or subsequent offense is required to have been
12        after the initial conviction for this paragraph (B) to
13        apply. An offender under the age of 18 years at the
14        time of the commission of the offense covered by this
15        subparagraph (B) shall be sentenced under Section
16        5-4.5-105 of the Unified Code of Corrections.
17            (C) A second or subsequent conviction for a
18        violation of paragraph (a)(3), or (a)(4), or (a)(5) or
19        under any similar statute of this State or any other
20        state for any offense involving criminal sexual
21        assault that is substantially equivalent to or more
22        serious than the sexual assault prohibited under
23        paragraph (a)(3), or (a)(4), or (a)(5) is a Class X
24        felony.
25(Source: P.A. 99-69, eff. 1-1-16.)



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1    (720 ILCS 5/11-1.60)  (was 720 ILCS 5/12-16)
2    Sec. 11-1.60. Aggravated criminal sexual abuse.
3    (a) A person commits aggravated criminal sexual abuse if
4that person commits criminal sexual abuse and any of the
5following aggravating circumstances exist (i) during the
6commission of the offense or (ii) for purposes of paragraph
7(7), as part of the same course of conduct as the commission of
8the offense:
9        (1) the person displays, threatens to use, or uses a
10    dangerous weapon or any other object fashioned or used in
11    a manner that leads the victim, under the circumstances,
12    reasonably to believe that the object is a dangerous
13    weapon;
14        (2) the person causes bodily harm to the victim;
15        (3) the victim is 60 years of age or older;
16        (4) the victim is a person with a physical disability;
17        (5) the person acts in a manner that threatens or
18    endangers the life of the victim or any other person;
19        (6) the person commits the criminal sexual abuse
20    during the course of committing or attempting to commit
21    any other felony; or
22        (7) the person delivers (by injection, inhalation,
23    ingestion, transfer of possession, or any other means) any
24    controlled substance to the victim for other than medical
25    purposes without the victim's consent or by threat or
26    deception.



HB1975 Engrossed- 41 -LRB102 16364 CMG 21751 b

1    (b) A person commits aggravated criminal sexual abuse if
2that person commits an act of sexual conduct with a victim who
3is under 18 years of age and the person is a family member.
4    (c) A person commits aggravated criminal sexual abuse if:
5        (1) that person is 17 years of age or over and: (i)
6    commits an act of sexual conduct with a victim who is under
7    13 years of age; or (ii) commits an act of sexual conduct
8    with a victim who is at least 13 years of age but under 17
9    years of age and the person uses force or threat of force
10    to commit the act; or
11        (2) that person is under 17 years of age and: (i)
12    commits an act of sexual conduct with a victim who is under
13    9 years of age; or (ii) commits an act of sexual conduct
14    with a victim who is at least 9 years of age but under 17
15    years of age and the person uses force or threat of force
16    to commit the act.
17    (d) A person commits aggravated criminal sexual abuse if
18that person commits an act of sexual penetration or sexual
19conduct with a victim who is at least 13 years of age but under
2017 years of age and the person is at least 5 years older than
21the victim.
22    (e) A person commits aggravated criminal sexual abuse if
23that person commits an act of sexual conduct with a victim who
24is a person with a severe or profound intellectual disability.
25    (f) A person commits aggravated criminal sexual abuse if
26that person commits an act of sexual conduct with a victim who



HB1975 Engrossed- 42 -LRB102 16364 CMG 21751 b

1is at least 13 years of age but under 18 years of age and the
2person is 17 years of age or over and holds a position of
3trust, authority, or supervision in relation to the victim.
4    (f-5) A person commits aggravated criminal sexual abuse if
5that person commits an act of sexual conduct with a victim who
6is enrolled as a student at a public or nonpublic secondary
7school and the accused held a position of trust, authority, or
8supervision in relation to the victim in connection with an
9educational or extracurricular program or activity, regardless
10of the location of the commission of the act.
11    (g) Sentence. Aggravated criminal sexual abuse is a Class
122 felony.
13(Source: P.A. 99-143, eff. 7-27-15.)
14    (720 ILCS 5/11-25)
15    Sec. 11-25. Grooming.
16    (a) A person commits grooming when he or she knowingly
17uses a computer on-line service, Internet service, local
18bulletin board service, or any other device capable of
19electronic data storage or transmission or performs an act in
20person or by conduct through a third party to seduce, solicit,
21lure, or entice, or attempt to seduce, solicit, lure, or
22entice, a child, a child's guardian, or another person
23believed by the person to be a child or a child's guardian, to
24commit any sex offense as defined in Section 2 of the Sex
25Offender Registration Act, to distribute photographs depicting



HB1975 Engrossed- 43 -LRB102 16364 CMG 21751 b

1the sex organs of the child, or to otherwise engage in any
2unlawful sexual conduct with a child or with another person
3believed by the person to be a child. As used in this Section,
4"child" means a person under 17 years of age.
5    (b) Sentence. Grooming is a Class 4 felony.
6(Source: P.A. 100-428, eff. 1-1-18.)
7    Section 99. Effective date. This Act takes effect upon
8becoming law, except that Section 5 takes effect on July 1,