Bill Text: IL HB4527 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Criminal Code of 2012. Creates the offense of sexual misconduct with a student. Provides that a person commits sexual misconduct with a student when he or she is or was an employee of a school and commits sexual misconduct with a student who, at the time the employee was employed by the school, attended the school. Provides that the consent of the student is not a defense to a prosecution under this provision. Provides that a student is deemed incapable of consent, for purposes of this provision, when he or she is a student who attended the school while the employee was employed at the school. Provides that it is not a defense to a violation of this provision that the student was of the age to give consent to sexual penetration or sexual conduct in circumstances not involving a violation of this provision. Provides that a person convicted of violating this provision shall immediately forfeit his or her employment with a school and may not subsequently be employed at a school. Provides that a violation is a Class 3 felony. Provides exemptions. Defines "school" as a public or private elementary or secondary school or a school that operates grades kindergarten through 12. Defines "sexual misconduct" as any act, including, but not limited to, any verbal, nonverbal, written, or electronic communication or physical activity, by an employee or agent of the school district, charter school, or nonpublic school with direct contact with a student that is directed toward or with a student to establish a romantic or sexual relationship with the student. Defines other terms.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-04-19 - Added Co-Sponsor Rep. Tony M. McCombie [HB4527 Detail]

Download: Illinois-2023-HB4527-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4527 Introduced , by Rep. Joyce Mason SYNOPSIS AS INTRODUCED:
720 ILCS 5/11-9.2-3 new
Amends the Criminal Code of 2012. Creates the offense of sexual misconduct with a student. Provides that a person commits sexual misconduct with a student when he or she is or was an employee of a school and commits sexual misconduct with a student who, at the time the employee was employed by the school, attended the school. Provides that the consent of the student is not a defense to a prosecution under this provision. Provides that a student is deemed incapable of consent, for purposes of this provision, when he or she is a student who attended the school while the employee was employed at the school. Provides that it is not a defense to a violation of this provision that the student was of the age to give consent to sexual penetration or sexual conduct in circumstances not involving a violation of this provision. Provides that a person convicted of violating this provision shall immediately forfeit his or her employment with a school and may not subsequently be employed at a school. Provides that a violation is a Class 3 felony. Provides exemptions. Defines "school" as a public or private elementary or secondary school or a school that operates grades kindergarten through 12. Defines "sexual misconduct" as any act, including, but not limited to, any verbal, nonverbal, written, or electronic communication or physical activity, by an employee or agent of the school district, charter school, or nonpublic school with direct contact with a student that is directed toward or with a student to establish a romantic or sexual relationship with the student. Defines other terms.
LRB103 36178 RLC 66597 b
A BILL FOR
HB4527 LRB103 36178 RLC 66597 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by adding
Section 11-9.2-3 as follows:
(720 ILCS 5/11-9.2-3 new)
Sec. 11-9.2-3. Sexual misconduct with a student.
(a) In this Section:
"Employee" means a person employed by a school.
"School" means a public or private elementary or secondary
school or a school that operates grades kindergarten through
12.
"Sexual misconduct" has the meaning ascribed to it in
subsection (c) of Section 22-85.5 of the School Code.
"Student" means a person who attended the school at the
time the employee was employed by the school regardless of the
age of the student at the time of the commission of the
offense.
(b) A person commits sexual misconduct with a student when
he or she is or was an employee of a school and commits sexual
misconduct with a student who, at the time the employee was
employed by the school, attended the school.
(c) Except as otherwise provided in subsection (f), the

HB4527 - 2 - LRB103 36178 RLC 66597 b