Bill Text: IL HB0078 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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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Rep. Naomi D. Jakobsson

Filed: 3/16/2011

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AMENDMENT TO HOUSE BILL 78
AMENDMENT NO. ______. Amend House Bill 78 by replacing
everything after the enacting clause with the following:
"Section 5. The Criminal Code of 1961 is amended by adding
Section 21-5.5 as follows:
(720 ILCS 5/21-5.5 new)
Sec. 21-5.5. Criminal trespass to a safe school zone.
(a) As used in this Section:
"Employee" means a person employed by a school whose
relationship with that agency constitutes an employer-employee
relationship under the usual common law rules, and who is not
an independent contractor. "Employee" includes, but is not
limited to, a teacher, student teacher, aide, secretary,
custodial engineer, coach, or his or her designee.
"School administrator" means the school's principal, or
his or her designee.

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"Safe school zone" means an area that encompasses any of
the following places during regular school hours or within 60
minutes before or after the school day or 60 minutes before or
after a school-sponsored activity. This shall include any
school property, ground, or street, sidewalk, or public way
immediately adjacent thereto and any public right-of-way
situated immediately adjacent to school property. The safe
school zone shall not include any portion of the highway not
actually on school property.
"School activity" means and includes any school session,
any extracurricular activity or event sponsored by or
participated in by the school, and the 60-minute periods
immediately preceding and following any session, activity, or
event.
"Student" means any person enrolled or previously enrolled
in a school.
(b) A person commits the offense of criminal trespass to a
safe school zone when he or she knowingly:
(1) enters or remains in a safe school zone without
lawful business, when as a student or employee, who has
been suspended, expelled, or dismissed for disrupting the
orderly operation of the school, and as a condition of the
suspension or dismissal, has been denied access to the safe
school zone for the period of the suspension or in the case
of dismissal for a period not to exceed one year, and has
been served in person or by registered or certified mail,

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at the last address given by that person, with a written
notice of the suspension or dismissal and condition; or
(2) enters or remains in a safe school zone without
lawful business, once being served either in person or by
registered or certified mail that his or her presence has
been withdrawn by the school administrator, or his or her
designee, and whose presence or acts interfere with, or
whenever there is reasonable suspicion to believe, such
person will disrupt the orderly operation, or the safety,
or peaceful conduct of the school or school activities.
(c) A person commits the offense of criminal trespass to a
safe school zone when he or she enters or remains in a safe
school zone and commits or attempts to commit any violation of
criminal law.
(d) Sentence. Criminal trespass to a safe school zone is a
Class A misdemeanor.".