Illinois-2023-SB2823-Introduced

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2823

Introduced 1/19/2024, by Sen. Terri Bryant

SYNOPSIS AS INTRODUCED:

`105 ILCS 5/21B-80`
`720 ILCS 5/11-9.6 new`
`730 ILCS 150/2`	`from Ch. 38, par. 222`

Amends the Educator Licensure Article of the School Code. In provisions concerning the conviction of certain offenses as grounds for disqualification for licensure or suspension or revocation of a license, includes the sex offense of abuse by an educator or authority figure under the definition of "sex or other offense". Amends the Sex Offenses Article of Criminal Code of 2012. Provides that a person commits abuse by an educator or authority figure if that person holds a position of trust, authority, or supervision in relation to a student in a school, the student is at least 18 years of age, the person is at least 4 years older than the student, and the person either (1) commits an act of sexual conduct with the student or (2) commits an act of sexual penetration with the student. Provides that abuse by an educator or authority figure is a Class 3 felony for the first offense and a Class 2 felony for a second or subsequent offense or if there is more than one victim. Provides that consent of the victim is not a defense to abuse by an educator or authority figure. Amends the Sex Offender Registration Act. Includes abuse by an educator or authority figure under the definitions of "sex offense" and "sexual predator".

LRB103 35614 RJT 65688 b

A BILL FOR

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1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The School Code is amended by changing Section

5 21B-80 as follows:

6 (105 ILCS 5/21B-80)

7 Sec. 21B-80. Conviction of certain offenses as grounds for

8 disqualification for licensure or suspension or revocation of

9 a license.

10 (a) As used in this Section:

11 "Drug offense" means any one or more of the following

12 offenses:

13 (1) Any offense defined in the Cannabis Control Act,

14 except those defined in subdivisions (a), (b), and (c) of

15 Section 4 and subdivisions (a) and (b) of Section 5 of the

16 Cannabis Control Act and any offense for which the holder

17 of a license is placed on probation under the provisions

18 of Section 10 of the Cannabis Control Act, provided that

19 if the terms and conditions of probation required by the

20 court are not fulfilled, the offense is not eligible for

21 this exception.

22 (2) Any offense defined in the Illinois Controlled

23 Substances Act, except any offense for which the holder of

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1 a license is placed on probation under the provisions of

2 Section 410 of the Illinois Controlled Substances Act,

3 provided that if the terms and conditions of probation

4 required by the court are not fulfilled, the offense is

5 not eligible for this exception.

6 (3) Any offense defined in the Methamphetamine Control

7 and Community Protection Act, except any offense for which

8 the holder of a license is placed on probation under the

9 provision of Section 70 of that Act, provided that if the

10 terms and conditions of probation required by the court

11 are not fulfilled, the offense is not eligible for this

12 exception.

13 (4) Any attempt to commit any of the offenses listed

14 in items (1) through (3) of this definition.

15 (5) Any offense committed or attempted in any other

16 state or against the laws of the United States that, if

17 committed or attempted in this State, would have been

18 punishable as one or more of the offenses listed in items

19 (1) through (4) of this definition.

20 The changes made by Public Act 96-431 to this definition are

21 declaratory of existing law.

22 "Sentence" includes any period of supervised release or

23 probation that was imposed either alone or in combination with

24 a period of incarceration.

25 "Sex or other offense" means any one or more of the

26 following offenses:

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1 (A) Any offense defined in Article 9 of the Criminal

2 Code of 1961 or the Criminal Code of 2012; Sections 11-6,

3 11-9 through 11-9.6 ~~11-9.5~~, inclusive, and 11-30 (if

4 punished as a Class 4 felony) of the Criminal Code of 1961

5 or the Criminal Code of 2012; Sections 11-14.1 through

6 11-21, inclusive, of the Criminal Code of 1961 or the

7 Criminal Code of 2012; Sections 11-23 (if punished as a

8 Class 3 felony), 11-24, 11-25, and 11-26 of the Criminal

9 Code of 1961 or the Criminal Code of 2012; Section 10-5.1,

10 subsection (c) of Section 10-9, and Sections 11-6.6,

11 11-11, 12-3.05, 12-3.3, 12-6.4, 12-7.1, 12-34, 12-34.5,

12 and 12-35 of the Criminal Code of 2012; and Sections

13 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

14 12-14.1, 12-15, 12-16, 12-32, 12-33, 12C-45, and 26-4 (if

15 punished pursuant to subdivision (4) or (5) of subsection

16 (d) of Section 26-4) of the Criminal Code of 1961 or the

17 Criminal Code of 2012.

18 (B) Any attempt to commit any of the offenses listed

19 in item (A) of this definition.

20 (C) Any offense committed or attempted in any other

21 state that, if committed or attempted in this State, would

22 have been punishable as one or more of the offenses listed

23 in items (A) and (B) of this definition.

24 (b) Whenever the holder of any license issued pursuant to

25 this Article or applicant for a license to be issued pursuant

26 to this Article has been convicted of any drug offense, other

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1 than as provided in subsection (c) of this Section, the State

2 Superintendent of Education shall forthwith suspend the

3 license or deny the application, whichever is applicable,

4 until 7 years following the end of the sentence for the

5 criminal offense. If the conviction is reversed and the holder

6 is acquitted of the offense in a new trial or the charges

7 against him or her are dismissed, the State Superintendent of

8 Education shall forthwith terminate the suspension of the

9 license.

10 (b-5) Whenever the holder of a license issued pursuant to

11 this Article or applicant for a license to be issued pursuant

12 to this Article has been charged with attempting to commit,

13 conspiring to commit, soliciting, or committing any sex or

14 other offense, as enumerated under item (A) of subsection (a),

15 first degree murder, or a Class X felony or any offense

16 committed or attempted in any other state or against the laws

17 of the United States that, if committed or attempted in this

18 State, would have been punishable as one or more of the

19 foregoing offenses, the State Superintendent of Education

20 shall immediately suspend the license or deny the application

21 until the person's criminal charges are adjudicated through a

22 court of competent jurisdiction. If the person is acquitted,

23 his or her license or application shall be immediately

24 reinstated.

25 (c) Whenever the holder of a license issued pursuant to

26 this Article or applicant for a license to be issued pursuant

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1 to this Article has been convicted of attempting to commit,

2 conspiring to commit, soliciting, or committing any sex or

3 other offense, as enumerated under item (A) of subsection (a),

4 first degree murder, or a Class X felony or any offense

5 committed or attempted in any other state or against the laws

6 of the United States that, if committed or attempted in this

7 State, would have been punishable as one or more of the

8 foregoing offenses, the State Superintendent of Education

9 shall forthwith suspend the license or deny the application,

10 whichever is applicable. If the conviction is reversed and the

11 holder is acquitted of that offense in a new trial or the

12 charges that he or she committed that offense are dismissed,

13 the State Superintendent of Education shall forthwith

14 terminate the suspension of the license. When the conviction

15 becomes final, the State Superintendent of Education shall

16 forthwith revoke the license.

17 (Source: P.A. 101-531, eff. 8-23-19; 102-552, eff. 1-1-22.)

18 Section 10. The Criminal Code of 2012 is amended by adding

19 Section 11-9.6 as follows:

20 (720 ILCS 5/11-9.6 new)

21 Sec. 11-9.6. Abuse by an educator or authority figure.

22 (a) As used in this Section:

23 "Authority figure" means a person 18 years of age or older

24 who is not a student at a school but who is employed by,

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1 volunteering at, an agent of, or under contract with the

2 school, whether directly or through a firm holding a contract

3 with the school.

4 "Educator" means a person who is employed at the same

5 school a student attends at the time of the sexual conduct or

6 the act of sexual penetration and who:

7 (1) instructs students at the school;

8 (2) administers, directs, or supervises the

9 educational instruction program or a portion of the

10 educational instruction program at the school;

11 (3) provides health or educational support services

12 directly to students at the school; or

13 (4) coaches students at the school.

14 "School" means a school district, charter school, or

15 nonpublic school.

16 (b) A person commits abuse by an educator or authority

17 figure if that person holds a position of trust, authority, or

18 supervision in relation to a student in a school, the student

19 is at least 18 years of age, and the person either:

20 (1) commits an act of sexual conduct with the student;

21 or

22 (2) commits an act of sexual penetration with the

23 student.

24 (c) Abuse by an educator or authority figure is a Class 3

25 felony for the first offense and a Class 2 felony for a second

26 or subsequent offense or if there is more than one victim.

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1 (d) Consent of the victim is not a defense to abuse by an

2 educator or authority figure.

3 Section 15. The Sex Offender Registration Act is amended

4 by changing Section 2 as follows:

5 (730 ILCS 150/2) (from Ch. 38, par. 222)

6 Sec. 2. Definitions.

7 (A) As used in this Article, "sex offender" means any

8 person who is:

9 (1) charged pursuant to Illinois law, or any

10 substantially similar federal, Uniform Code of Military

11 Justice, sister state, or foreign country law, with a sex

12 offense set forth in subsection (B) of this Section or the

13 attempt to commit an included sex offense, and:

14 (a) is convicted of such offense or an attempt to

15 commit such offense; or

16 (b) is found not guilty by reason of insanity of

17 such offense or an attempt to commit such offense; or

18 (c) is found not guilty by reason of insanity

19 pursuant to Section 104-25(c) of the Code of Criminal

20 Procedure of 1963 of such offense or an attempt to

21 commit such offense; or

22 (d) is the subject of a finding not resulting in an

23 acquittal at a hearing conducted pursuant to Section

24 104-25(a) of the Code of Criminal Procedure of 1963

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1 for the alleged commission or attempted commission of

2 such offense; or

3 (e) is found not guilty by reason of insanity

4 following a hearing conducted pursuant to a federal,

5 Uniform Code of Military Justice, sister state, or

6 foreign country law substantially similar to Section

7 104-25(c) of the Code of Criminal Procedure of 1963 of

8 such offense or of the attempted commission of such

9 offense; or

10 (f) is the subject of a finding not resulting in an

11 acquittal at a hearing conducted pursuant to a

12 federal, Uniform Code of Military Justice, sister

13 state, or foreign country law substantially similar to

14 Section 104-25(a) of the Code of Criminal Procedure of

15 1963 for the alleged violation or attempted commission

16 of such offense; or

17 (2) declared as a sexually dangerous person pursuant

18 to the Illinois Sexually Dangerous Persons Act, or any

19 substantially similar federal, Uniform Code of Military

20 Justice, sister state, or foreign country law; or

21 (3) subject to the provisions of Section 2 of the

22 Interstate Agreements on Sexually Dangerous Persons Act;

23 or

24 (4) found to be a sexually violent person pursuant to

25 the Sexually Violent Persons Commitment Act or any

26 substantially similar federal, Uniform Code of Military

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1 Justice, sister state, or foreign country law; or

2 (5) adjudicated a juvenile delinquent as the result of

3 committing or attempting to commit an act which, if

4 committed by an adult, would constitute any of the

5 offenses specified in item (B), (C), or (C-5) of this

6 Section or a violation of any substantially similar

7 federal, Uniform Code of Military Justice, sister state,

8 or foreign country law, or found guilty under Article V of

9 the Juvenile Court Act of 1987 of committing or attempting

10 to commit an act which, if committed by an adult, would

11 constitute any of the offenses specified in item (B), (C),

12 or (C-5) of this Section or a violation of any

13 substantially similar federal, Uniform Code of Military

14 Justice, sister state, or foreign country law.

15 Convictions that result from or are connected with the

16 same act, or result from offenses committed at the same time,

17 shall be counted for the purpose of this Article as one

18 conviction. Any conviction set aside pursuant to law is not a

19 conviction for purposes of this Article.

20 For purposes of this Section, "convicted" shall have the

21 same meaning as "adjudicated".

22 (B) As used in this Article, "sex offense" means:

23 (1) A violation of any of the following Sections of

24 the Criminal Code of 1961 or the Criminal Code of 2012:

25 11-20.1 (child pornography),

26 11-20.1B or 11-20.3 (aggravated child

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1 pornography),

2 11-6 (indecent solicitation of a child),

3 11-9.1 (sexual exploitation of a child),

4 11-9.2 (custodial sexual misconduct),

5 11-9.5 (sexual misconduct with a person with a

6 disability),

7 11-9.6 (abuse by an educator or authority figure),

8 11-14.4 (promoting juvenile prostitution),

9 11-15.1 (soliciting for a juvenile prostitute),

10 11-18.1 (patronizing a juvenile prostitute),

11 11-17.1 (keeping a place of juvenile

12 prostitution),

13 11-19.1 (juvenile pimping),

14 11-19.2 (exploitation of a child),

15 11-25 (grooming),

16 11-26 (traveling to meet a minor or traveling to

17 meet a child),

18 11-1.20 or 12-13 (criminal sexual assault),

19 11-1.30 or 12-14 (aggravated criminal sexual

20 assault),

21 11-1.40 or 12-14.1 (predatory criminal sexual

22 assault of a child),

23 11-1.50 or 12-15 (criminal sexual abuse),

24 11-1.60 or 12-16 (aggravated criminal sexual

25 abuse),

26 12-33 (ritualized abuse of a child).

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1 An attempt to commit any of these offenses.

2 (1.5) A violation of any of the following Sections of

3 the Criminal Code of 1961 or the Criminal Code of 2012,

4 when the victim is a person under 18 years of age, the

5 defendant is not a parent of the victim, the offense was

6 sexually motivated as defined in Section 10 of the Sex

7 Offender Evaluation and Treatment Act, and the offense was

8 committed on or after January 1, 1996:

9 10-1 (kidnapping),

10 10-2 (aggravated kidnapping),

11 10-3 (unlawful restraint),

12 10-3.1 (aggravated unlawful restraint).

13 If the offense was committed before January 1, 1996,

14 it is a sex offense requiring registration only when the

15 person is convicted of any felony after July 1, 2011, and

16 paragraph (2.1) of subsection (c) of Section 3 of this Act

17 applies.

18 (1.6) First degree murder under Section 9-1 of the

19 Criminal Code of 1961 or the Criminal Code of 2012,

20 provided the offense was sexually motivated as defined in

21 Section 10 of the Sex Offender Management Board Act.

22 (1.7) (Blank).

23 (1.8) A violation or attempted violation of Section

24 11-11 (sexual relations within families) of the Criminal

25 Code of 1961 or the Criminal Code of 2012, and the offense

26 was committed on or after June 1, 1997. If the offense was

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1 committed before June 1, 1997, it is a sex offense

2 requiring registration only when the person is convicted

3 of any felony after July 1, 2011, and paragraph (2.1) of

4 subsection (c) of Section 3 of this Act applies.

5 (1.9) Child abduction under paragraph (10) of

6 subsection (b) of Section 10-5 of the Criminal Code of

7 1961 or the Criminal Code of 2012 committed by luring or

8 attempting to lure a child under the age of 16 into a motor

9 vehicle, building, house trailer, or dwelling place

10 without the consent of the parent or lawful custodian of

11 the child for other than a lawful purpose and the offense

12 was committed on or after January 1, 1998, provided the

13 offense was sexually motivated as defined in Section 10 of

14 the Sex Offender Management Board Act. If the offense was

15 committed before January 1, 1998, it is a sex offense

16 requiring registration only when the person is convicted

17 of any felony after July 1, 2011, and paragraph (2.1) of

18 subsection (c) of Section 3 of this Act applies.

19 (1.10) A violation or attempted violation of any of

20 the following Sections of the Criminal Code of 1961 or the

21 Criminal Code of 2012 when the offense was committed on or

22 after July 1, 1999:

23 10-4 (forcible detention, if the victim is under

24 18 years of age), provided the offense was sexually

25 motivated as defined in Section 10 of the Sex Offender

26 Management Board Act,

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1 11-6.5 (indecent solicitation of an adult),

2 11-14.3 that involves soliciting for a prostitute,

3 or 11-15 (soliciting for a prostitute, if the victim

4 is under 18 years of age),

5 subdivision (a)(2)(A) or (a)(2)(B) of Section

6 11-14.3, or Section 11-16 (pandering, if the victim is

7 under 18 years of age),

8 11-18 (patronizing a prostitute, if the victim is

9 under 18 years of age),

10 subdivision (a)(2)(C) of Section 11-14.3, or

11 Section 11-19 (pimping, if the victim is under 18

12 years of age).

13 If the offense was committed before July 1, 1999, it

14 is a sex offense requiring registration only when the

15 person is convicted of any felony after July 1, 2011, and

16 paragraph (2.1) of subsection (c) of Section 3 of this Act

17 applies.

18 (1.11) A violation or attempted violation of any of

19 the following Sections of the Criminal Code of 1961 or the

20 Criminal Code of 2012 when the offense was committed on or

21 after August 22, 2002:

22 11-9 or 11-30 (public indecency for a third or

23 subsequent conviction).

24 If the third or subsequent conviction was imposed

25 before August 22, 2002, it is a sex offense requiring

26 registration only when the person is convicted of any

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1 felony after July 1, 2011, and paragraph (2.1) of

2 subsection (c) of Section 3 of this Act applies.

3 (1.12) A violation or attempted violation of Section

4 5.1 of the Wrongs to Children Act or Section 11-9.1A of the

5 Criminal Code of 1961 or the Criminal Code of 2012

6 (permitting sexual abuse) when the offense was committed

7 on or after August 22, 2002. If the offense was committed

8 before August 22, 2002, it is a sex offense requiring

9 registration only when the person is convicted of any

10 felony after July 1, 2011, and paragraph (2.1) of

11 subsection (c) of Section 3 of this Act applies.

12 (2) A violation of any former law of this State

13 substantially equivalent to any offense listed in

14 subsection (B) of this Section.

15 (C) A conviction for an offense of federal law, Uniform

16 Code of Military Justice, or the law of another state or a

17 foreign country that is substantially equivalent to any

18 offense listed in subsections (B), (C), (E), and (E-5) of this

19 Section shall constitute a conviction for the purpose of this

20 Article. A finding or adjudication as a sexually dangerous

21 person or a sexually violent person under any federal law,

22 Uniform Code of Military Justice, or the law of another state

23 or foreign country that is substantially equivalent to the

24 Sexually Dangerous Persons Act or the Sexually Violent Persons

25 Commitment Act shall constitute an adjudication for the

26 purposes of this Article.

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1 (C-5) A person at least 17 years of age at the time of the

2 commission of the offense who is convicted of first degree

3 murder under Section 9-1 of the Criminal Code of 1961 or the

4 Criminal Code of 2012, against a person under 18 years of age,

5 shall be required to register for natural life. A conviction

6 for an offense of federal, Uniform Code of Military Justice,

7 sister state, or foreign country law that is substantially

8 equivalent to any offense listed in subsection (C-5) of this

9 Section shall constitute a conviction for the purpose of this

10 Article. This subsection (C-5) applies to a person who

11 committed the offense before June 1, 1996 if: (i) the person is

12 incarcerated in an Illinois Department of Corrections facility

13 on August 20, 2004 (the effective date of Public Act 93-977),

14 or (ii) subparagraph (i) does not apply and the person is

15 convicted of any felony after July 1, 2011, and paragraph

16 (2.1) of subsection (c) of Section 3 of this Act applies.

17 (C-6) A person who is convicted or adjudicated delinquent

18 of first degree murder as defined in Section 9-1 of the

19 Criminal Code of 1961 or the Criminal Code of 2012, against a

20 person 18 years of age or over, shall be required to register

21 for his or her natural life. A conviction for an offense of

22 federal, Uniform Code of Military Justice, sister state, or

23 foreign country law that is substantially equivalent to any

24 offense listed in subsection (C-6) of this Section shall

25 constitute a conviction for the purpose of this Article. This

26 subsection (C-6) does not apply to those individuals released

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1 from incarceration more than 10 years prior to January 1, 2012

2 (the effective date of Public Act 97-154).

3 (D) As used in this Article, "law enforcement agency

4 having jurisdiction" means the Chief of Police in each of the

5 municipalities in which the sex offender expects to reside,

6 work, or attend school (1) upon his or her discharge, parole or

7 release or (2) during the service of his or her sentence of

8 probation or conditional discharge, or the Sheriff of the

9 county, in the event no Police Chief exists or if the offender

10 intends to reside, work, or attend school in an unincorporated

11 area. "Law enforcement agency having jurisdiction" includes

12 the location where out-of-state students attend school and

13 where out-of-state employees are employed or are otherwise

14 required to register.

15 (D-1) As used in this Article, "supervising officer" means

16 the assigned Illinois Department of Corrections parole agent

17 or county probation officer.

18 (E) As used in this Article, "sexual predator" means any

19 person who, after July 1, 1999, is:

20 (1) Convicted for an offense of federal, Uniform Code

21 of Military Justice, sister state, or foreign country law

22 that is substantially equivalent to any offense listed in

23 subsection (E) or (E-5) of this Section shall constitute a

24 conviction for the purpose of this Article. Convicted of a

25 violation or attempted violation of any of the following

26 Sections of the Criminal Code of 1961 or the Criminal Code

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1 of 2012:

2 10-5.1 (luring of a minor),

3 11-9.6 (abuse by an educator or authority figure),

4 11-14.4 that involves keeping a place of juvenile

5 prostitution, or 11-17.1 (keeping a place of juvenile

6 prostitution),

7 subdivision (a)(2) or (a)(3) of Section 11-14.4,

8 or Section 11-19.1 (juvenile pimping),

9 subdivision (a)(4) of Section 11-14.4, or Section

10 11-19.2 (exploitation of a child),

11 11-20.1 (child pornography),

12 11-20.1B or 11-20.3 (aggravated child

13 pornography),

14 11-1.20 or 12-13 (criminal sexual assault),

15 11-1.30 or 12-14 (aggravated criminal sexual

16 assault),

17 11-1.40 or 12-14.1 (predatory criminal sexual

18 assault of a child),

19 11-1.60 or 12-16 (aggravated criminal sexual

20 abuse),

21 12-33 (ritualized abuse of a child);

22 (2) (blank);

23 (3) declared as a sexually dangerous person pursuant

24 to the Sexually Dangerous Persons Act or any substantially

25 similar federal, Uniform Code of Military Justice, sister

26 state, or foreign country law;

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1 (4) found to be a sexually violent person pursuant to

2 the Sexually Violent Persons Commitment Act or any

3 substantially similar federal, Uniform Code of Military

4 Justice, sister state, or foreign country law;

5 (5) convicted of a second or subsequent offense which

6 requires registration pursuant to this Act. For purposes

7 of this paragraph (5), "convicted" shall include a

8 conviction under any substantially similar Illinois,

9 federal, Uniform Code of Military Justice, sister state,

10 or foreign country law;

11 (6) (blank); or

12 (7) if the person was convicted of an offense set

13 forth in this subsection (E) on or before July 1, 1999, the

14 person is a sexual predator for whom registration is

15 required only when the person is convicted of a felony

16 offense after July 1, 2011, and paragraph (2.1) of

17 subsection (c) of Section 3 of this Act applies.

18 (E-5) As used in this Article, "sexual predator" also

19 means a person convicted of a violation or attempted violation

20 of any of the following Sections of the Criminal Code of 1961

21 or the Criminal Code of 2012:

22 (1) Section 9-1 (first degree murder, when the victim

23 was a person under 18 years of age and the defendant was at

24 least 17 years of age at the time of the commission of the

25 offense, provided the offense was sexually motivated as

26 defined in Section 10 of the Sex Offender Management Board

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1 Act);

2 (2) Section 11-9.5 (sexual misconduct with a person

3 with a disability);

4 (3) when the victim is a person under 18 years of age,

5 the defendant is not a parent of the victim, the offense

6 was sexually motivated as defined in Section 10 of the Sex

7 Offender Management Board Act, and the offense was

8 committed on or after January 1, 1996: (A) Section 10-1

9 (kidnapping), (B) Section 10-2 (aggravated kidnapping),

10 (C) Section 10-3 (unlawful restraint), and (D) Section

11 10-3.1 (aggravated unlawful restraint); and

12 (4) Section 10-5(b)(10) (child abduction committed by

13 luring or attempting to lure a child under the age of 16

14 into a motor vehicle, building, house trailer, or dwelling

15 place without the consent of the parent or lawful

16 custodian of the child for other than a lawful purpose and

17 the offense was committed on or after January 1, 1998,

18 provided the offense was sexually motivated as defined in

19 Section 10 of the Sex Offender Management Board Act).

20 (E-10) As used in this Article, "sexual predator" also

21 means a person required to register in another State due to a

22 conviction, adjudication or other action of any court

23 triggering an obligation to register as a sex offender, sexual

24 predator, or substantially similar status under the laws of

25 that State.

26 (F) As used in this Article, "out-of-state student" means

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