Bill Text: IL HB5314 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the School Code. Provides that within 7 days after receiving information that a public school employee is charged with a sex offense, the school board shall notify, in writing, the parents or guardians of the school's students. Provides that a school district, charter school, or nonpublic school shall begin an investigation upon any indication of a sexual relationship between a student and a school-based employee. Provides that if at any point during or after the investigation it is determined that the school-based employee had a sexual relationship with a student, then the school-based employee may be terminated. Amends the Criminal Code of 2012. Provides that a person commits criminal sexual assault if that person commits an act of sexual penetration and is a school-based employee and the victim is a student. Varied effective date.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2022-02-18 - Rule 19(a) / Re-referred to Rules Committee [HB5314 Detail]

Download: Illinois-2021-HB5314-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB5314 Introduced , by Rep. Joyce Mason SYNOPSIS AS INTRODUCED:
105 ILCS 5/10-20.83 new
105 ILCS 5/22-85.5
105 ILCS 5/34-18.78 new
720 ILCS 5/11-1.20 was 720 ILCS 5/12-13
Amends the School Code. Provides that within 7 days after receiving information that a public school employee is charged with a sex offense, the school board shall notify, in writing, the parents or guardians of the school's students. Provides that a school district, charter school, or nonpublic school shall begin an investigation upon any indication of a sexual relationship between a student and a school-based employee. Provides that if at any point during or after the investigation it is determined that the school-based employee had a sexual relationship with a student, then the school-based employee may be terminated. Amends the Criminal Code of 2012. Provides that a person commits criminal sexual assault if that person commits an act of sexual penetration and is a school-based employee and the victim is a student. Varied effective date.
LRB102 25470 CMG 34757 b
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
HB5314 LRB102 25470 CMG 34757 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by adding Sections
10-20.83 and 34-18.78 and by changing Section 22-85.5 as
follows:
(105 ILCS 5/10-20.83 new)
Sec. 10-20.83. Notice of sex offense charge against an
employee. Within 7 days after receiving information that a
school employee is charged with a sex offense, as defined
under the Sex Offender Registration Act, the school board
shall notify, in writing, the parents or guardians of the
school's students.
(105 ILCS 5/22-85.5)
Sec. 22-85.5. Sexual misconduct in schools.
(a) This Section applies beginning on July 1, 2022.
(b) The General Assembly finds that:
(1) the success of students in school relies on safe
learning environments and healthy relationships with
school personnel;
(2) it is important for staff to maintain a
professional relationship with students at all times and

HB5314 - 2 - LRB102 25470 CMG 34757 b
to define staff-student boundaries to protect students
from sexual misconduct by staff and staff from the
appearance of impropriety;
(3) many breaches of staff-student boundaries do not
rise to the level of criminal behavior but do pose a
potential risk to student safety;
(4) repeated violations of staff�student boundaries
can indicate the grooming of a student for sexual abuse;
(5) it is necessary to uphold the State Board of
Education's Code of Ethics for Illinois Educators and for
each school district, charter school, or nonpublic school
to have an employee code of professional conduct policy;
(6) each school district, charter school, or nonpublic
school must have the ability to discipline educators for
breaches of its employee code of professional conduct
policy;
(7) each school district, charter school, or nonpublic
school must have the ability to know if any of its
educators have violated professional staff�student
boundaries in previous employment; and
(8) as bystanders, educators may have knowledge of
concerning behaviors that no one else is aware of, so they
need adequate training on sexual abuse, the employee code
of professional conduct policy, and federal and State
reporting requirements.
(c) In this Section: ,

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"School-based employee" means a teacher, a principal,
office staff, or any person who works on school grounds.
"Sexual sexual misconduct" means any act, including, but
not limited to, any verbal, nonverbal, written, or electronic
communication or physical activity, by an employee or agent of
the school district, charter school, or nonpublic school with
direct contact with a student that is directed toward or with a
student to establish a romantic or sexual relationship with
the student. Such an act includes, but is not limited to, any
of the following:
(1) A sexual or romantic invitation.
(2) Dating or soliciting a date.
(3) Engaging in sexualized or romantic dialog.
(4) Making sexually suggestive comments that are
directed toward or with a student.
(5) Self-disclosure or physical exposure of a sexual,
romantic, or erotic nature.
(6) A sexual, indecent, romantic, or erotic contact
with the student.
(d) To prevent sexual misconduct with students, each
school district, charter school, or nonpublic school shall
develop an employee code of professional conduct policy that
addresses all of the following:
(1) Incorporates the Code of Ethics for Illinois
Educators.
(2) Incorporates the definition of "sexual misconduct"

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in this Section.
(3) Identifies the expectations for employees and
agents of the school district, charter school, or
nonpublic school regarding how to maintain a professional
relationship with students, including the expectations for
staff-student boundaries, recognizing the age and
developmental level of the students served, and
establishes guidelines for all of the following
situations:
(A) Transporting a student.
(B) Taking or possessing a photo or a video of a
student.
(C) Meeting with a student or contacting a student
outside of the employee's or agent's professional
role.
(4) References the employee reporting requirements
required under the Abused and Neglected Child Reporting
Act and under Title IX of the federal Education Amendments
of 1972.
(5) References required employee training that is
related to child abuse and educator ethics that are
applicable under State and federal law.
(e) The employee code of professional conduct policy must
be posted on the website, if any, of each school district,
charter school, or nonpublic school and must be included in
any staff, student, or parent handbook provided by the school

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district, charter school, or nonpublic, nonsectarian
elementary or secondary school.
(f) A violation of the employee code of professional
conduct policy may subject an employee to disciplinary action
up to and including dismissal from employment. Failure to
report a violation of the employee code of professional
conduct policy may subject an employee to disciplinary action
up to and including dismissal from employment.
(g) A school district, charter school, or nonpublic school
shall begin an investigation upon any indication of a sexual
relationship between a student and a school-based employee.
The investigation may be made by internal district or school
staff and law enforcement personnel. If at any point during or
after the investigation it is determined that the school-based
employee had a sexual relationship with a student, then the
school-based employee may be terminated.
(Source: P.A. 102-676, eff. 12-3-21.)
(105 ILCS 5/34-18.78 new)
Sec. 34-18.78. Notice of sex offense charge against an
employee. Within 7 days after receiving information that a
school employee is charged with a sex offense, as defined
under the Sex Offender Registration Act, the board shall
notify, in writing, the parents or guardians of the school's
students.

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Section 10. The Criminal Code of 2012 is amended by
changing Section 11-1.20 as follows:
(720 ILCS 5/11-1.20) (was 720 ILCS 5/12-13)
Sec. 11-1.20. Criminal sexual assault.
(a) A person commits criminal sexual assault if that
person commits an act of sexual penetration and:
(1) uses force or threat of force;
(2) knows that the victim is unable to understand the
nature of the act or is unable to give knowing consent;
(3) is a family member of the victim, and the victim is
under 18 years of age; or
(4) is 17 years of age or over and holds a position of
trust, authority, or supervision in relation to the
victim, and the victim is at least 13 years of age but
under 18 years of age; or .
(5) is a school-based employee, as defined in Section
22-85.5 of the School Code, and the victim is a student.
(b) Sentence.
(1) Criminal sexual assault is a Class 1 felony,
except that:
(A) A person who is convicted of the offense of
criminal sexual assault as defined in paragraph (a)(1)
or (a)(2) after having previously been convicted of
the offense of criminal sexual assault or the offense
of exploitation of a child, or who is convicted of the

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offense of criminal sexual assault as defined in
paragraph (a)(1) or (a)(2) after having previously
been convicted under the laws of this State or any
other state of an offense that is substantially
equivalent to the offense of criminal sexual assault
or to the offense of exploitation of a child, commits a
Class X felony for which the person shall be sentenced
to a term of imprisonment of not less than 30 years and
not more than 60 years, except that if the person is
under the age of 18 years at the time of the offense,
he or she shall be sentenced under Section 5-4.5-105
of the Unified Code of Corrections. The commission of
the second or subsequent offense is required to have
been after the initial conviction for this paragraph
(A) to apply.
(B) A person who has attained the age of 18 years
at the time of the commission of the offense and who is
convicted of the offense of criminal sexual assault as
defined in paragraph (a)(1) or (a)(2) after having
previously been convicted of the offense of aggravated
criminal sexual assault or the offense of predatory
criminal sexual assault of a child, or who is
convicted of the offense of criminal sexual assault as
defined in paragraph (a)(1) or (a)(2) after having
previously been convicted under the laws of this State
or any other state of an offense that is substantially

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equivalent to the offense of aggravated criminal
sexual assault or the offense of predatory criminal
sexual assault of a child shall be sentenced to a term
of natural life imprisonment. The commission of the
second or subsequent offense is required to have been
after the initial conviction for this paragraph (B) to
apply. An offender under the age of 18 years at the
time of the commission of the offense covered by this
subparagraph (B) shall be sentenced under Section
5-4.5-105 of the Unified Code of Corrections.
(C) A second or subsequent conviction for a
violation of paragraph (a)(3) or (a)(4) or under any
similar statute of this State or any other state for
any offense involving criminal sexual assault that is
substantially equivalent to or more serious than the
sexual assault prohibited under paragraph (a)(3) or
(a)(4) is a Class X felony.
(Source: P.A. 99-69, eff. 1-1-16.)
Section 99. Effective date. This Act takes effect upon
becoming law, except that Section 10 takes effect on January
1, 2023.