Bill Text: IL HB4241 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Reinserts the provisions of the bill, as amended by House Committee Amendment No. 1, with the following the changes. In the amendatory changes to the Criminal Code of 2012: (1) makes further changes to the definitions of "authority figure", "educator", "school", and “student”; and (2) provides that a person commits abuse by an educator or authority figure if that person is an educator or authority figure at the school, the student is at least 18 years of age but under 23 years of age (instead of is at least 18 years of age and is enrolled or was previously enrolled in the school within the past year), the person is at least 4 years older than the student and holds or held within the previous year a position of trust, authority, or supervision in relation to the student in connection with an educational or extracurricular program or activity, and the person either: (i) commits an act of sexual conduct with the student; or (ii) commits an act of sexual penetration with the student.

Spectrum: Slight Partisan Bill (Republican 36-18)

Status: (Engrossed) 2024-05-16 - Added as Alternate Co-Sponsor Sen. Mary Edly-Allen [HB4241 Detail]

Download: Illinois-2023-HB4241-Engrossed.html

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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 at the time of the act

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of sexual conduct or the act of sexual penetration is employed
by, volunteering at, an agent of, or under contract with the
same school a student attends, 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 and who at the time of the act of
sexual conduct or the act of sexual penetration:
(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 public or nonpublic secondary school.
"Student" means any person enrolled in a school.
(b) A person commits abuse by an educator or authority
figure if that person is an educator or authority figure at the
school, the student is at least 18 years of age but under 23
years of age, the person is at least 4 years older than the
student and holds or held within the previous year a position
of trust, authority, or supervision in relation to the student
in connection with an educational or extracurricular program
or activity, and the person either:
(1) commits an act of sexual conduct with the student;
or

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