Bill Text: IL HB1443 | 2013-2014 | 98th General Assembly | Chaptered
Bill Title: Amends the Criminal Code of 2012. Provides that a person employed by a school, college, university, or other educational institution of the State whose duties include reporting criminal conduct committed in the school, college, university, or other educational institution of the State or on school or educational institution grounds commits hazing when he or she fails to report to law enforcement authorities any hazing reported to school or educational institution authorities by others or of which school or educational institution authorities otherwise have knowledge. Provides that a violation is a Class A misdemeanor. Effective immediately.
Sponsorship: Moderate Partisan Bill (Democrat 35-5)
Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0393 [HB1443 Detail]
Download: Illinois-2013-HB1443-Chaptered.html
| ||||
| Public Act 098-0393 | ||||
| ||||
| ||||
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 12C-50.1 as follows:
| ||||
(720 ILCS 5/12C-50.1 new) | ||||
Sec. 12C-50.1. Failure to report hazing. | ||||
(a) For purposes of this Section, "school official" | ||||
includes any and all paid school administrators, teachers, | ||||
counselors, support staff, and coaches and any and all | ||||
volunteer coaches employed by a school, college, university, or | ||||
other educational institution of this State. | ||||
(b) A school official commits failure to report hazing | ||||
when: | ||||
(1) while fulfilling his or her official | ||||
responsibilities as a school official, he or she personally | ||||
observes an act which is not sanctioned or authorized by | ||||
that educational institution; | ||||
(2) the act results in bodily harm to any person; and | ||||
(3) the school official knowingly fails to report the | ||||
act to supervising educational authorities or, in the event | ||||
of death or great bodily harm, to law enforcement. | ||||
(c) Sentence. Failure to report hazing is a Class B | ||||
misdemeanor. If the act which the person failed to report | ||
resulted in death or great bodily harm, the offense is a Class | ||
A misdemeanor. | ||
(d) It is an affirmative defense to a charge of failure to | ||
report hazing under this Section that the person who personally | ||
observed the act had a reasonable apprehension that timely | ||
action to stop the act would result in the imminent infliction | ||
of death, great bodily harm, permanent disfigurement, or | ||
permanent disability to that person or another in retaliation | ||
for reporting. | ||
(e) Nothing in this Section shall be construed to allow | ||
prosecution of a person who personally observes the act of | ||
hazing and assists with an investigation and any subsequent | ||
prosecution of the offender.
| ||
