Bill Text: IL SB2823 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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".

Spectrum: Moderate Partisan Bill (Republican 11-3)

Status: (Introduced) 2024-04-09 - Added as Co-Sponsor Sen. Tom Bennett [SB2823 Detail]

Download: Illinois-2023-SB2823-Introduced.html

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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".
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A BILL FOR
SB2823 LRB103 35614 RJT 65688 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 School Code is amended by changing Section
21B-80 as follows:
(105 ILCS 5/21B-80)
Sec. 21B-80. Conviction of certain offenses as grounds for
disqualification for licensure or suspension or revocation of
a license.
(a) As used in this Section:
"Drug offense" means any one or more of the following
offenses:
(1) Any offense defined in the Cannabis Control Act,
except those defined in subdivisions (a), (b), and (c) of
Section 4 and subdivisions (a) and (b) of Section 5 of the
Cannabis Control Act and any offense for which the holder
of a license is placed on probation under the provisions
of Section 10 of the Cannabis Control Act, provided that
if the terms and conditions of probation required by the
court are not fulfilled, the offense is not eligible for
this exception.
(2) Any offense defined in the Illinois Controlled
Substances Act, except any offense for which the holder of

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a license is placed on probation under the provisions of
Section 410 of the Illinois Controlled Substances Act,
provided that if the terms and conditions of probation
required by the court are not fulfilled, the offense is
not eligible for this exception.
(3) Any offense defined in the Methamphetamine Control
and Community Protection Act, except any offense for which
the holder of a license is placed on probation under the
provision of Section 70 of that Act, provided that if the
terms and conditions of probation required by the court
are not fulfilled, the offense is not eligible for this
exception.
(4) Any attempt to commit any of the offenses listed
in items (1) through (3) of this definition.
(5) Any offense committed or attempted in any other
state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as one or more of the offenses listed in items
(1) through (4) of this definition.
The changes made by Public Act 96-431 to this definition are
declaratory of existing law.
"Sentence" includes any period of supervised release or
probation that was imposed either alone or in combination with
a period of incarceration.
"Sex or other offense" means any one or more of the
following offenses:

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(A) Any offense defined in Article 9 of the Criminal
Code of 1961 or the Criminal Code of 2012; Sections 11-6,
11-9 through 11-9.6 11-9.5, inclusive, and 11-30 (if
punished as a Class 4 felony) of the Criminal Code of 1961
or the Criminal Code of 2012; Sections 11-14.1 through
11-21, inclusive, of the Criminal Code of 1961 or the
Criminal Code of 2012; Sections 11-23 (if punished as a
Class 3 felony), 11-24, 11-25, and 11-26 of the Criminal
Code of 1961 or the Criminal Code of 2012; Section 10-5.1,
subsection (c) of Section 10-9, and Sections 11-6.6,
11-11, 12-3.05, 12-3.3, 12-6.4, 12-7.1, 12-34, 12-34.5,
and 12-35 of the Criminal Code of 2012; and Sections
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1, 12-15, 12-16, 12-32, 12-33, 12C-45, and 26-4 (if
punished pursuant to subdivision (4) or (5) of subsection
(d) of Section 26-4) of the Criminal Code of 1961 or the
Criminal Code of 2012.
(B) Any attempt to commit any of the offenses listed
in item (A) of this definition.
(C) Any offense committed or attempted in any other
state that, if committed or attempted in this State, would
have been punishable as one or more of the offenses listed
in items (A) and (B) of this definition.
(b) Whenever the holder of any license issued pursuant to
this Article or applicant for a license to be issued pursuant
to this Article has been convicted of any drug offense, other

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than as provided in subsection (c) of this Section, the State
Superintendent of Education shall forthwith suspend the
license or deny the application, whichever is applicable,
until 7 years following the end of the sentence for the
criminal offense. If the conviction is reversed and the holder
is acquitted of the offense in a new trial or the charges
against him or her are dismissed, the State Superintendent of
Education shall forthwith terminate the suspension of the
license.
(b-5) Whenever the holder of a license issued pursuant to
this Article or applicant for a license to be issued pursuant
to this Article has been charged with attempting to commit,
conspiring to commit, soliciting, or committing any sex or
other offense, as enumerated under item (A) of subsection (a),
first degree murder, or a Class X felony or any offense
committed or attempted in any other state or against the laws
of the United States that, if committed or attempted in this
State, would have been punishable as one or more of the
foregoing offenses, the State Superintendent of Education
shall immediately suspend the license or deny the application
until the person's criminal charges are adjudicated through a
court of competent jurisdiction. If the person is acquitted,
his or her license or application shall be immediately
reinstated.
(c) Whenever the holder of a license issued pursuant to
this Article or applicant for a license to be issued pursuant

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to this Article has been convicted of attempting to commit,
conspiring to commit, soliciting, or committing any sex or
other offense, as enumerated under item (A) of subsection (a),
first degree murder, or a Class X felony or any offense
committed or attempted in any other state or against the laws
of the United States that, if committed or attempted in this
State, would have been punishable as one or more of the
foregoing offenses, the State Superintendent of Education
shall forthwith suspend the license or deny the application,
whichever is applicable. If the conviction is reversed and the
holder is acquitted of that offense in a new trial or the
charges that he or she committed that offense are dismissed,
the State Superintendent of Education shall forthwith
terminate the suspension of the license. When the conviction
becomes final, the State Superintendent of Education shall
forthwith revoke the license.
(Source: P.A. 101-531, eff. 8-23-19; 102-552, eff. 1-1-22.)
Section 10. The Criminal Code of 2012 is amended by adding
Section 11-9.6 as follows:
(720 ILCS 5/11-9.6 new)
Sec. 11-9.6. Abuse by an educator or authority figure.
(a) As used in this Section:
"Authority figure" means a person 18 years of age or older
who is not a student at a school but who is employed by,

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volunteering at, an agent of, or under contract with the
school, whether directly or through a firm holding a contract
with the school.
"Educator" means a person who is employed at the same
school a student attends at the time of the sexual conduct or
the act of sexual penetration and who:
(1) instructs students at the school;
(2) administers, directs, or supervises the
educational instruction program or a portion of the
educational instruction program at the school;
(3) provides health or educational support services
directly to students at the school; or
(4) coaches students at the school.
"School" means a school district, charter school, or
nonpublic school.
(b) 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, 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.
(c) 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.

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(d) Consent of the victim is not a defense to abuse by an
educator or authority figure.
Section 15. The Sex Offender Registration Act is amended
by changing Section 2 as follows:
(730 ILCS 150/2) (from Ch. 38, par. 222)
Sec. 2. Definitions.
(A) As used in this Article, "sex offender" means any
person who is:
(1) charged pursuant to Illinois law, or any
substantially similar federal, Uniform Code of Military
Justice, sister state, or foreign country law, with a sex
offense set forth in subsection (B) of this Section or the
attempt to commit an included sex offense, and:
(a) is convicted of such offense or an attempt to
commit such offense; or
(b) is found not guilty by reason of insanity of
such offense or an attempt to commit such offense; or
(c) is found not guilty by reason of insanity
pursuant to Section 104-25(c) of the Code of Criminal
Procedure of 1963 of such offense or an attempt to
commit such offense; or
(d) is the subject of a finding not resulting in an
acquittal at a hearing conducted pursuant to Section
104-25(a) of the Code of Criminal Procedure of 1963

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for the alleged commission or attempted commission of
such offense; or
(e) is found not guilty by reason of insanity
following a hearing conducted pursuant to a federal,
Uniform Code of Military Justice, sister state, or
foreign country law substantially similar to Section
104-25(c) of the Code of Criminal Procedure of 1963 of
such offense or of the attempted commission of such
offense; or
(f) is the subject of a finding not resulting in an
acquittal at a hearing conducted pursuant to a
federal, Uniform Code of Military Justice, sister
state, or foreign country law substantially similar to
Section 104-25(a) of the Code of Criminal Procedure of
1963 for the alleged violation or attempted commission
of such offense; or
(2) declared as a sexually dangerous person pursuant
to the Illinois Sexually Dangerous Persons Act, or any
substantially similar federal, Uniform Code of Military
Justice, sister state, or foreign country law; or
(3) subject to the provisions of Section 2 of the
Interstate Agreements on Sexually Dangerous Persons Act;
or
(4) found to be a sexually violent person pursuant to
the Sexually Violent Persons Commitment Act or any
substantially similar federal, Uniform Code of Military

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Justice, sister state, or foreign country law; or
(5) adjudicated a juvenile delinquent as the result of
committing or attempting to commit an act which, if
committed by an adult, would constitute any of the
offenses specified in item (B), (C), or (C-5) of this
Section or a violation of any substantially similar
federal, Uniform Code of Military Justice, sister state,
or foreign country law, or found guilty under Article V of
the Juvenile Court Act of 1987 of committing or attempting
to commit an act which, if committed by an adult, would
constitute any of the offenses specified in item (B), (C),
or (C-5) of this Section or a violation of any
substantially similar federal, Uniform Code of Military
Justice, sister state, or foreign country law.
Convictions that result from or are connected with the
same act, or result from offenses committed at the same time,
shall be counted for the purpose of this Article as one
conviction. Any conviction set aside pursuant to law is not a
conviction for purposes of this Article.
For purposes of this Section, "convicted" shall have the
same meaning as "adjudicated".
(B) As used in this Article, "sex offense" means:
(1) A violation of any of the following Sections of
the Criminal Code of 1961 or the Criminal Code of 2012:
11-20.1 (child pornography),
11-20.1B or 11-20.3 (aggravated child

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pornography),
11-6 (indecent solicitation of a child),
11-9.1 (sexual exploitation of a child),
11-9.2 (custodial sexual misconduct),
11-9.5 (sexual misconduct with a person with a
disability),
11-9.6 (abuse by an educator or authority figure),
11-14.4 (promoting juvenile prostitution),
11-15.1 (soliciting for a juvenile prostitute),
11-18.1 (patronizing a juvenile prostitute),
11-17.1 (keeping a place of juvenile
prostitution),
11-19.1 (juvenile pimping),
11-19.2 (exploitation of a child),
11-25 (grooming),
11-26 (traveling to meet a minor or traveling to
meet a child),
11-1.20 or 12-13 (criminal sexual assault),
11-1.30 or 12-14 (aggravated criminal sexual
assault),
11-1.40 or 12-14.1 (predatory criminal sexual
assault of a child),
11-1.50 or 12-15 (criminal sexual abuse),
11-1.60 or 12-16 (aggravated criminal sexual
abuse),
12-33 (ritualized abuse of a child).

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An attempt to commit any of these offenses.
(1.5) A violation of any of the following Sections of
the Criminal Code of 1961 or the Criminal Code of 2012,
when the victim is a person under 18 years of age, the
defendant is not a parent of the victim, the offense was
sexually motivated as defined in Section 10 of the Sex
Offender Evaluation and Treatment Act, and the offense was
committed on or after January 1, 1996:
10-1 (kidnapping),
10-2 (aggravated kidnapping),
10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint).
If the offense was committed before January 1, 1996,
it is a sex offense requiring registration only when the
person is convicted of any felony after July 1, 2011, and
paragraph (2.1) of subsection (c) of Section 3 of this Act
applies.
(1.6) First degree murder under Section 9-1 of the
Criminal Code of 1961 or the Criminal Code of 2012,
provided the offense was sexually motivated as defined in
Section 10 of the Sex Offender Management Board Act.
(1.7) (Blank).
(1.8) A violation or attempted violation of Section
11-11 (sexual relations within families) of the Criminal
Code of 1961 or the Criminal Code of 2012, and the offense
was committed on or after June 1, 1997. If the offense was

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committed before June 1, 1997, it is a sex offense
requiring registration only when the person is convicted
of any felony after July 1, 2011, and paragraph (2.1) of
subsection (c) of Section 3 of this Act applies.
(1.9) Child abduction under paragraph (10) of
subsection (b) of Section 10-5 of the Criminal Code of
1961 or the Criminal Code of 2012 committed by luring or
attempting to lure a child under the age of 16 into a motor
vehicle, building, house trailer, or dwelling place
without the consent of the parent or lawful custodian of
the child for other than a lawful purpose and the offense
was committed on or after January 1, 1998, provided the
offense was sexually motivated as defined in Section 10 of
the Sex Offender Management Board Act. If the offense was
committed before January 1, 1998, it is a sex offense
requiring registration only when the person is convicted
of any felony after July 1, 2011, and paragraph (2.1) of
subsection (c) of Section 3 of this Act applies.
(1.10) A violation or attempted violation of any of
the following Sections of the Criminal Code of 1961 or the
Criminal Code of 2012 when the offense was committed on or
after July 1, 1999:
10-4 (forcible detention, if the victim is under
18 years of age), provided the offense was sexually
motivated as defined in Section 10 of the Sex Offender
Management Board Act,

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11-6.5 (indecent solicitation of an adult),
11-14.3 that involves soliciting for a prostitute,
or 11-15 (soliciting for a prostitute, if the victim
is under 18 years of age),
subdivision (a)(2)(A) or (a)(2)(B) of Section
11-14.3, or Section 11-16 (pandering, if the victim is
under 18 years of age),
11-18 (patronizing a prostitute, if the victim is
under 18 years of age),
subdivision (a)(2)(C) of Section 11-14.3, or
Section 11-19 (pimping, if the victim is under 18
years of age).
If the offense was committed before July 1, 1999, it
is a sex offense requiring registration only when the
person is convicted of any felony after July 1, 2011, and
paragraph (2.1) of subsection (c) of Section 3 of this Act
applies.
(1.11) A violation or attempted violation of any of
the following Sections of the Criminal Code of 1961 or the
Criminal Code of 2012 when the offense was committed on or
after August 22, 2002:
11-9 or 11-30 (public indecency for a third or
subsequent conviction).
If the third or subsequent conviction was imposed
before August 22, 2002, it is a sex offense requiring
registration only when the person is convicted of any

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felony after July 1, 2011, and paragraph (2.1) of
subsection (c) of Section 3 of this Act applies.
(1.12) A violation or attempted violation of Section
5.1 of the Wrongs to Children Act or Section 11-9.1A of the
Criminal Code of 1961 or the Criminal Code of 2012
(permitting sexual abuse) when the offense was committed
on or after August 22, 2002. If the offense was committed
before August 22, 2002, it is a sex offense requiring
registration only when the person is convicted of any
felony after July 1, 2011, and paragraph (2.1) of
subsection (c) of Section 3 of this Act applies.
(2) A violation of any former law of this State
substantially equivalent to any offense listed in
subsection (B) of this Section.
(C) A conviction for an offense of federal law, Uniform
Code of Military Justice, or the law of another state or a
foreign country that is substantially equivalent to any
offense listed in subsections (B), (C), (E), and (E-5) of this
Section shall constitute a conviction for the purpose of this
Article. A finding or adjudication as a sexually dangerous
person or a sexually violent person under any federal law,
Uniform Code of Military Justice, or the law of another state
or foreign country that is substantially equivalent to the
Sexually Dangerous Persons Act or the Sexually Violent Persons
Commitment Act shall constitute an adjudication for the
purposes of this Article.

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(C-5) A person at least 17 years of age at the time of the
commission of the offense who is convicted of first degree
murder under Section 9-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, against a person under 18 years of age,
shall be required to register for natural life. A conviction
for an offense of federal, Uniform Code of Military Justice,
sister state, or foreign country law that is substantially
equivalent to any offense listed in subsection (C-5) of this
Section shall constitute a conviction for the purpose of this
Article. This subsection (C-5) applies to a person who
committed the offense before June 1, 1996 if: (i) the person is
incarcerated in an Illinois Department of Corrections facility
on August 20, 2004 (the effective date of Public Act 93-977),
or (ii) subparagraph (i) does not apply and the person is
convicted of any felony after July 1, 2011, and paragraph
(2.1) of subsection (c) of Section 3 of this Act applies.
(C-6) A person who is convicted or adjudicated delinquent
of first degree murder as defined in Section 9-1 of the
Criminal Code of 1961 or the Criminal Code of 2012, against a
person 18 years of age or over, shall be required to register
for his or her natural life. A conviction for an offense of
federal, Uniform Code of Military Justice, sister state, or
foreign country law that is substantially equivalent to any
offense listed in subsection (C-6) of this Section shall
constitute a conviction for the purpose of this Article. This
subsection (C-6) does not apply to those individuals released

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from incarceration more than 10 years prior to January 1, 2012
(the effective date of Public Act 97-154).
(D) As used in this Article, "law enforcement agency
having jurisdiction" means the Chief of Police in each of the
municipalities in which the sex offender expects to reside,
work, or attend school (1) upon his or her discharge, parole or
release or (2) during the service of his or her sentence of
probation or conditional discharge, or the Sheriff of the
county, in the event no Police Chief exists or if the offender
intends to reside, work, or attend school in an unincorporated
area. "Law enforcement agency having jurisdiction" includes
the location where out-of-state students attend school and
where out-of-state employees are employed or are otherwise
required to register.
(D-1) As used in this Article, "supervising officer" means
the assigned Illinois Department of Corrections parole agent
or county probation officer.
(E) As used in this Article, "sexual predator" means any
person who, after July 1, 1999, is:
(1) Convicted for an offense of federal, Uniform Code
of Military Justice, sister state, or foreign country law
that is substantially equivalent to any offense listed in
subsection (E) or (E-5) of this Section shall constitute a
conviction for the purpose of this Article. Convicted of a
violation or attempted violation of any of the following
Sections of the Criminal Code of 1961 or the Criminal Code

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of 2012:
10-5.1 (luring of a minor),
11-9.6 (abuse by an educator or authority figure),
11-14.4 that involves keeping a place of juvenile
prostitution, or 11-17.1 (keeping a place of juvenile
prostitution),
subdivision (a)(2) or (a)(3) of Section 11-14.4,
or Section 11-19.1 (juvenile pimping),
subdivision (a)(4) of Section 11-14.4, or Section
11-19.2 (exploitation of a child),
11-20.1 (child pornography),
11-20.1B or 11-20.3 (aggravated child
pornography),
11-1.20 or 12-13 (criminal sexual assault),
11-1.30 or 12-14 (aggravated criminal sexual
assault),
11-1.40 or 12-14.1 (predatory criminal sexual
assault of a child),
11-1.60 or 12-16 (aggravated criminal sexual
abuse),
12-33 (ritualized abuse of a child);
(2) (blank);
(3) declared as a sexually dangerous person pursuant
to the Sexually Dangerous Persons Act or any substantially
similar federal, Uniform Code of Military Justice, sister
state, or foreign country law;

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(4) found to be a sexually violent person pursuant to
the Sexually Violent Persons Commitment Act or any
substantially similar federal, Uniform Code of Military
Justice, sister state, or foreign country law;
(5) convicted of a second or subsequent offense which
requires registration pursuant to this Act. For purposes
of this paragraph (5), "convicted" shall include a
conviction under any substantially similar Illinois,
federal, Uniform Code of Military Justice, sister state,
or foreign country law;
(6) (blank); or
(7) if the person was convicted of an offense set
forth in this subsection (E) on or before July 1, 1999, the
person is a sexual predator for whom registration is
required only when the person is convicted of a felony
offense after July 1, 2011, and paragraph (2.1) of
subsection (c) of Section 3 of this Act applies.
(E-5) As used in this Article, "sexual predator" also
means a person convicted of a violation or attempted violation
of any of the following Sections of the Criminal Code of 1961
or the Criminal Code of 2012:
(1) Section 9-1 (first degree murder, when the victim
was a person under 18 years of age and the defendant was at
least 17 years of age at the time of the commission of the
offense, provided the offense was sexually motivated as
defined in Section 10 of the Sex Offender Management Board

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Act);
(2) Section 11-9.5 (sexual misconduct with a person
with a disability);
(3) when the victim is a person under 18 years of age,
the defendant is not a parent of the victim, the offense
was sexually motivated as defined in Section 10 of the Sex
Offender Management Board Act, and the offense was
committed on or after January 1, 1996: (A) Section 10-1
(kidnapping), (B) Section 10-2 (aggravated kidnapping),
(C) Section 10-3 (unlawful restraint), and (D) Section
10-3.1 (aggravated unlawful restraint); and
(4) Section 10-5(b)(10) (child abduction committed by
luring or attempting to lure a child under the age of 16
into a motor vehicle, building, house trailer, or dwelling
place without the consent of the parent or lawful
custodian of the child for other than a lawful purpose and
the offense was committed on or after January 1, 1998,
provided the offense was sexually motivated as defined in
Section 10 of the Sex Offender Management Board Act).
(E-10) As used in this Article, "sexual predator" also
means a person required to register in another State due to a
conviction, adjudication or other action of any court
triggering an obligation to register as a sex offender, sexual
predator, or substantially similar status under the laws of
that State.
(F) As used in this Article, "out-of-state student" means

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