Bill Text: IL HB0078 | 2011-2012 | 97th General Assembly | Amended
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-Amended.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-Amended.html
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1 | AMENDMENT TO HOUSE BILL 78
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2 | AMENDMENT NO. ______. Amend House Bill 78 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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. |
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1 | "Safe school zone" means an area that encompasses any of | ||||||
2 | the following places during regular school hours or within 60 | ||||||
3 | minutes before or after the school day or 60 minutes before or | ||||||
4 | after a school-sponsored activity. This shall include any | ||||||
5 | school property, ground, or street, sidewalk, or public way | ||||||
6 | immediately adjacent thereto and any public right-of-way | ||||||
7 | situated immediately adjacent to school property. The safe | ||||||
8 | school zone shall not include any portion of the highway not | ||||||
9 | actually on school property. | ||||||
10 | "School activity" means and includes any school session, | ||||||
11 | any extracurricular activity or event sponsored by or | ||||||
12 | participated in by the school, and the 60-minute periods | ||||||
13 | immediately preceding and following any session, activity, or | ||||||
14 | event. | ||||||
15 | "Student" means any person enrolled or previously enrolled | ||||||
16 | in a school. | ||||||
17 | (b) A person commits the offense of criminal trespass to a | ||||||
18 | safe 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 one year, and has | ||||||
26 | been served in person or by registered or certified mail, |
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1 | at the last address given by that person, with a written | ||||||
2 | notice of the suspension or dismissal and condition; or | ||||||
3 | (2) enters or remains in a safe school zone without | ||||||
4 | lawful business, once being served either in person or by | ||||||
5 | registered or certified mail that his or her presence has | ||||||
6 | been withdrawn by the school administrator, or his or her | ||||||
7 | designee, and whose presence or acts interfere with, or | ||||||
8 | whenever there is reasonable suspicion to believe, such | ||||||
9 | person will disrupt the orderly operation, or
the safety, | ||||||
10 | or peaceful conduct of the school or school activities. | ||||||
11 | (c) A person commits the offense of criminal trespass to a | ||||||
12 | safe school zone when he or she enters or remains in a safe | ||||||
13 | school zone and commits or attempts to commit any violation of | ||||||
14 | criminal law. | ||||||
15 | (d) Sentence. Criminal trespass to a safe school zone is a | ||||||
16 | Class A misdemeanor. ".
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