Full Text of SB3376 96th General Assembly
SB3376 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3376
Introduced 2/10/2010, by Sen. William R. Haine SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/21-23a |
from Ch. 122, par. 21-23a |
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Amends the School Code. Provides that the changes made by Public Act 96-431 to the ineligibility of a person to work in a school while serving first offender probation are declaratory of existing law. Effective immediately.
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A BILL FOR
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SB3376 |
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LRB096 17730 NHT 35832 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section | 5 |
| 21-23a as follows:
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| (105 ILCS 5/21-23a) (from Ch. 122, par. 21-23a)
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| Sec. 21-23a. Conviction of certain offenses as grounds for | 8 |
| revocation
of certificate. | 9 |
| (a) Whenever the holder of any certificate issued pursuant
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| to this Article has been convicted of any sex offense or | 11 |
| narcotics offense
as defined in this Section, the State
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| Superintendent
of Education shall forthwith suspend the | 13 |
| certificate. If the conviction
is reversed and the holder is | 14 |
| acquitted of the offense in a new trial or
the charges against | 15 |
| him are dismissed, the suspending authority shall forthwith
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| terminate the suspension of the certificate. When the | 17 |
| conviction becomes
final, the State Superintendent of | 18 |
| Education shall forthwith revoke the
certificate. | 19 |
| "Sex offense" as used in this Section means any one or more
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| of the following offenses: (1) any offense defined in Sections | 21 |
| 11-6 and
11-9 through 11-9.5, inclusive, Sections 11-14 through | 22 |
| 11-21, inclusive, Sections 11-23 (if punished as a Class 3 | 23 |
| felony), 11-24, 11-25, and 11-26, and Sections 12-4.9,
12-13, |
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SB3376 |
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LRB096 17730 NHT 35832 b |
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| 12-14,
12-14.1,
12-15, 12-16, 12-32, and 12-33 of the Criminal | 2 |
| Code of 1961; (2) any
attempt to commit any of the foregoing | 3 |
| offenses, and (3) any offense committed
or attempted in any | 4 |
| other state which, if committed or attempted in this
State, | 5 |
| would have been punishable as one or more of the foregoing
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| offenses. | 7 |
| "Narcotics offense" as used in this Section
means any one | 8 |
| or more of the following offenses: (1) any offense defined
in | 9 |
| the Cannabis Control Act, except those defined in Sections | 10 |
| 4(a), 4(b)
and 5(a) of that Act and any offense for which the | 11 |
| holder of any certificate
is placed on probation under the | 12 |
| provisions of Section 10 of that Act, provided that if the | 13 |
| terms and conditions of probation required by the court are not | 14 |
| fulfilled, the offense is not eligible for this exception; (2) | 15 |
| any offense defined in the Illinois Controlled
Substances Act, | 16 |
| except any offense for which the holder of any certificate
is | 17 |
| placed on probation under the provisions of Section 410 of that | 18 |
| Act, provided that if the terms and conditions of probation | 19 |
| required by the court are not fulfilled, the offense is not | 20 |
| eligible for this exception; (3) any offense defined in the | 21 |
| Methamphetamine Control and Community Protection Act, except | 22 |
| any offense for which the holder of any certificate is placed | 23 |
| on probation under the provision of Section 70 of that Act, | 24 |
| provided that if the terms and conditions of probation required | 25 |
| by the court are not fulfilled, the offense is not eligible for | 26 |
| this exception; (4) any attempt to commit any of the foregoing |
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SB3376 |
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| offenses; and (5)
any offense committed or attempted in any | 2 |
| other state or against the laws
of the United States which, if | 3 |
| committed or attempted in this State, would
have been | 4 |
| punishable as one or more of the foregoing offenses. The | 5 |
| changes made by Public Act 96-431 this amendatory Act of the | 6 |
| 96th General Assembly to the definition of "narcotics offense" | 7 |
| and to the ineligibility of a person to work in a school while | 8 |
| serving first offender probation in this subsection (a) are | 9 |
| declaratory of existing law.
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| (b) Whenever the holder of a certificate issued pursuant to | 11 |
| this Article
has been convicted of first degree murder, | 12 |
| attempted first degree murder, conspiracy to commit first | 13 |
| degree murder, attempted conspiracy to commit first degree | 14 |
| murder, or a
Class X felony or any offense committed or | 15 |
| attempted in any other state or against the laws of the United | 16 |
| States that, if committed or attempted in this State, would | 17 |
| have been punishable as one or more of the foregoing offenses, | 18 |
| the State Superintendent of
Education shall forthwith suspend | 19 |
| the certificate. If the conviction is
reversed and the holder | 20 |
| is acquitted of that offense in a new trial or the
charges that | 21 |
| he or she committed that offense are dismissed, the State | 22 |
| Superintendent of Education shall forthwith terminate the | 23 |
| suspension of the certificate. When
the conviction becomes | 24 |
| final, the State Superintendent of Education shall
forthwith | 25 |
| revoke the certificate.
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| (Source: P.A. 96-431, eff. 8-13-09.)
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
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