HB0078 97TH GENERAL ASSEMBLY

LRB097 02955 NHT 45242 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0078

Introduced 1/12/2011, by Rep. Naomi D. Jakobsson

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-20.53 new
105 ILCS 5/34-18.45 new
720 ILCS 5/21-5.5 new

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.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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 10-20.53 and 34-18.45 as follows:

(105 ILCS 5/10-20.53 new)

Sec. 10-20.53. Safe school zone. 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. "Legitimate purpose" shall be jointly defined by the school board and the local law enforcement agency.

(105 ILCS 5/34-18.45 new)

Sec. 34-18.45. Safe school zone. If the 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. "Legitimate purpose" shall be jointly defined by the board and the local law enforcement agency.

Section 10. 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 school land.

(a) Whoever (i) enters upon land supported in whole or in part with funds of a school district, any building on such land, or an area designated as a safe school zone under Section 10-20.53 or 34-18.45 of the School Code after receiving, prior to such entry, notice from the school district or its representative that such entry is forbidden or (ii) remains upon such land or area or in such building after receiving notice from the school district or its representative to depart, and who thereby interferes with another person's lawful use or enjoyment of such building, land, or area commits a Class A misdemeanor.

(b) A person has received notice from the school district within the meaning of subsection (a) of this Section if he or she has been notified personally, either orally or in writing, or if a printed or written notice forbidding such entry to him or her or a group of which he or she is a part has been conspicuously posted or exhibited at the main entrance to such land, building, or area or the forbidden part thereof.

(c) Whoever (i) enters upon land supported in whole or in part with funds of a school district, any building on such land, or an area designated as a safe school zone under Section 10-20.53 or 34-18.45 of the School Code by presenting false documents or falsely representing his or her identity orally to the school district or its representative in order to obtain permission from the school district or its representative to enter the building, land, or area or (ii) remains upon such land or area or in such building by presenting false documents or falsely representing his or her identity orally to the school district or its representative in order to remain upon such land or area or in such building, and who thereby interferes with another person's lawful use or enjoyment of such building, land, or area commits a Class A misdemeanor.

This subsection (c) does not apply to a peace officer or other official of a unit of government who enters upon land supported in whole or in part with funds of a school district, any building on such land, or an area designated as a safe school zone under Section 10-20.53 or 34-18.45 of the School Code in the performance of his or her official duties.