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Rep. Naomi D. Jakobsson
Filed: 3/16/2011
| | 09700HB0078ham001 | | LRB097 02955 RLC 53121 a |
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| 1 | | AMENDMENT TO HOUSE BILL 78
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| 2 | | AMENDMENT NO. ______. Amend House Bill 78 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Criminal Code of 1961 is amended by adding |
| 5 | | Section 21-5.5 as follows:
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| 6 | | (720 ILCS 5/21-5.5 new) |
| 7 | | Sec. 21-5.5. Criminal trespass to a safe school zone. |
| 8 | | (a) As used in this Section: |
| 9 | | "Employee" means a person employed by a school whose |
| 10 | | relationship with that agency constitutes an employer-employee |
| 11 | | relationship under the usual common law rules, and who is not |
| 12 | | an independent contractor. "Employee" includes, but is not |
| 13 | | limited to, a teacher, student teacher, aide, secretary, |
| 14 | | custodial engineer, coach, or his or her designee. |
| 15 | | "School administrator" means the school's principal, or |
| 16 | | his or her designee. |
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| 1 | | "Safe school zone" means an area that encompasses any of |
| 2 | | the following places during regular school hours or within 60 |
| 3 | | minutes before or after the school day or 60 minutes before or |
| 4 | | after a school-sponsored activity. This shall include any |
| 5 | | school property, ground, or street, sidewalk, or public way |
| 6 | | immediately adjacent thereto and any public right-of-way |
| 7 | | situated immediately adjacent to school property. The safe |
| 8 | | school zone shall not include any portion of the highway not |
| 9 | | actually on school property. |
| 10 | | "School activity" means and includes any school session, |
| 11 | | any extracurricular activity or event sponsored by or |
| 12 | | participated in by the school, and the 60-minute periods |
| 13 | | immediately preceding and following any session, activity, or |
| 14 | | event. |
| 15 | | "Student" means any person enrolled or previously enrolled |
| 16 | | in a school. |
| 17 | | (b) A person commits the offense of criminal trespass to a |
| 18 | | safe school zone when he or she knowingly: |
| 19 | | (1) enters or remains in a safe school zone without |
| 20 | | lawful business, when as a student or employee, who has |
| 21 | | been suspended, expelled, or dismissed for disrupting the |
| 22 | | orderly operation of the school, and as a condition of the |
| 23 | | suspension or dismissal, has been denied access to the safe |
| 24 | | school zone for the period of the suspension or in the case |
| 25 | | of dismissal for a period not to exceed one year, and has |
| 26 | | been served in person or by registered or certified mail, |
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| 1 | | at the last address given by that person, with a written |
| 2 | | notice of the suspension or dismissal and condition; or |
| 3 | | (2) enters or remains in a safe school zone without |
| 4 | | lawful business, once being served either in person or by |
| 5 | | registered or certified mail that his or her presence has |
| 6 | | been withdrawn by the school administrator, or his or her |
| 7 | | designee, and whose presence or acts interfere with, or |
| 8 | | whenever there is reasonable suspicion to believe, such |
| 9 | | person will disrupt the orderly operation, or
the safety, |
| 10 | | or peaceful conduct of the school or school activities. |
| 11 | | (c) A person commits the offense of criminal trespass to a |
| 12 | | safe school zone when he or she enters or remains in a safe |
| 13 | | school zone and commits or attempts to commit any violation of |
| 14 | | criminal law. |
| 15 | | (d) Sentence. Criminal trespass to a safe school zone is a |
| 16 | | Class A misdemeanor.".
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