Bill Text: IL HB0078 | 2011-2012 | 97th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the School Code and the Criminal Code of 1961. Provides that if a school board designates the area within 1,000 feet of a school to be a safe school zone, then the principal of that school and the local law enforcement agency may prohibit persons, other than residents, from entering the safe school zone without a legitimate purpose (as jointly defined by the school board and the local law enforcement agency). Creates the offense of criminal trespass to school land, a Class A misdemeanor.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2011-08-25 - Public Act . . . . . . . . . 97-0547 [HB0078 Detail]
Download: Illinois-2011-HB0078-Enrolled.html
Bill Title: Amends the School Code and the Criminal Code of 1961. Provides that if a school board designates the area within 1,000 feet of a school to be a safe school zone, then the principal of that school and the local law enforcement agency may prohibit persons, other than residents, from entering the safe school zone without a legitimate purpose (as jointly defined by the school board and the local law enforcement agency). Creates the offense of criminal trespass to school land, a Class A misdemeanor.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2011-08-25 - Public Act . . . . . . . . . 97-0547 [HB0078 Detail]
Download: Illinois-2011-HB0078-Enrolled.html
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| 1 | AN ACT concerning education.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Criminal Code of 1961 is amended by adding | ||||||
| 5 | Section 21-5.5 as follows:
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| 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 | ||||||
| 10 | relationship with that agency constitutes an employer-employee | ||||||
| 11 | relationship under the usual common law rules, and who is not | ||||||
| 12 | an independent contractor. "Employee" includes, but is not | ||||||
| 13 | limited to, a teacher, student teacher, aide, secretary, | ||||||
| 14 | custodial engineer, coach, or his or her designee. | ||||||
| 15 | "School administrator" means the school's principal, or | ||||||
| 16 | his or her designee. | ||||||
| 17 | "Safe school zone" means an area that encompasses any of | ||||||
| 18 | the following places during regular school hours or within 60 | ||||||
| 19 | minutes before or after the school day or 60 minutes before or | ||||||
| 20 | after a school-sponsored activity. This shall include any | ||||||
| 21 | school property, ground, or street, sidewalk, or public way | ||||||
| 22 | immediately adjacent thereto and any public right-of-way | ||||||
| 23 | situated immediately adjacent to school property. The safe | ||||||
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| 1 | school zone shall not include any portion of the highway not | ||||||
| 2 | actually on school property. | ||||||
| 3 | "School activity" means and includes any school session, | ||||||
| 4 | any extracurricular activity or event sponsored by or | ||||||
| 5 | participated in by the school, and the 60-minute periods | ||||||
| 6 | immediately preceding and following any session, activity, or | ||||||
| 7 | event. | ||||||
| 8 | "Student" means any person enrolled or previously enrolled | ||||||
| 9 | in a school. | ||||||
| 10 | (b) A person commits the offense of criminal trespass to a | ||||||
| 11 | safe 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 | ||||||
| 13 | views. | ||||||
| 14 | (c) Sentence. Criminal trespass to a safe school zone is a | ||||||
| 15 | Class A misdemeanor.
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