99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1633

 

Introduced 2/20/2015, by Sen. Chapin Rose

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/21B-80
110 ILCS 305/90 new
110 ILCS 520/75 new
110 ILCS 660/5-185 new
110 ILCS 665/10-185 new
110 ILCS 670/15-185 new
110 ILCS 675/20-190 new
110 ILCS 680/25-185 new
110 ILCS 685/30-195 new
110 ILCS 690/35-190 new
110 ILCS 805/3-29.11 new

    Amends the School Code and various Acts relating to the governance of public universities and community colleges in Illinois. In a provision of the Educator Licensure Article of the School Code that requires a license to be revoked for conviction of a Class X felony, specifically includes the offense of terrorism as one of those Class X felonies. Prohibits universities and community colleges from knowingly employing a person who has been convicted of attempting to commit, conspiring to commit, soliciting, or committing murder or felony murder (but not reckless homicide or negligent homicide) or the offense of terrorism 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 murder or felony murder (but not reckless homicide or negligent homicide) or terrorism. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
521B-80 as follows:
 
6    (105 ILCS 5/21B-80)
7    Sec. 21B-80. Conviction of certain offenses as grounds for
8revocation of license.
9    (a) As used in this Section:
10    "Narcotics offense" means any one or more of the following
11offenses:
12        (1) Any offense defined in the Cannabis Control Act,
13    except those defined in subdivisions (a) and (b) of Section
14    4 and subdivision (a) of Section 5 of the Cannabis Control
15    Act and any offense for which the holder of a license is
16    placed on probation under the provisions of Section 10 of
17    the Cannabis Control Act, provided that if the terms and
18    conditions of probation required by the court are not
19    fulfilled, the offense is not eligible for this exception.
20        (2) Any offense defined in the Illinois Controlled
21    Substances Act, except any offense for which the holder of
22    a license is placed on probation under the provisions of
23    Section 410 of the Illinois Controlled Substances Act,

 

 

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1    provided that if the terms and conditions of probation
2    required by the court are not fulfilled, the offense is not
3    eligible for this exception.
4        (3) Any offense defined in the Methamphetamine Control
5    and Community Protection Act, except any offense for which
6    the holder of a license is placed on probation under the
7    provision of Section 70 of that Act, provided that if the
8    terms and conditions of probation required by the court are
9    not fulfilled, the offense is not eligible for this
10    exception.
11        (4) Any attempt to commit any of the offenses listed in
12    items (1) through (3) of this definition.
13        (5) Any offense committed or attempted in any other
14    state or against the laws of the United States that, if
15    committed or attempted in this State, would have been
16    punishable as one or more of the offenses listed in items
17    (1) through (4) of this definition.
18The changes made by Public Act 96-431 to the definition of
19"narcotics offense" are declaratory of existing law.
20    "Sex offense" means any one or more of the following
21offenses:
22        (A) Any offense defined in Sections 11-6, 11-9 through
23    11-9.5, inclusive, and 11-30, of the Criminal Code of 1961
24    or the Criminal Code of 2012; Sections 11-14 through 11-21,
25    inclusive, of the Criminal Code of 1961 or the Criminal
26    Code of 2012; Sections 11-23 (if punished as a Class 3

 

 

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1    felony), 11-24, 11-25, and 11-26 of the Criminal Code of
2    1961 or the Criminal Code of 2012; and Sections 11-1.20,
3    11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-4.9, 12-13, 12-14,
4    12-14.1, 12-15, 12-16, 12-32, 12-33, and 12C-45 of the
5    Criminal Code of 1961 or the Criminal Code of 2012.
6        (B) Any attempt to commit any of the offenses listed in
7    item (A) of this definition.
8        (C) Any offense committed or attempted in any other
9    state that, if committed or attempted in this State, would
10    have been punishable as one or more of the offenses listed
11    in items (A) and (B) of this definition.
12    (b) Whenever the holder of any license issued pursuant to
13this Article has been convicted of any sex offense or narcotics
14offense, the State Superintendent of Education shall forthwith
15suspend the license. If the conviction is reversed and the
16holder is acquitted of the offense in a new trial or the
17charges against him or her are dismissed, the State
18Superintendent of Education shall forthwith terminate the
19suspension of the license. When the conviction becomes final,
20the State Superintendent of Education shall forthwith revoke
21the license.
22    (c) Whenever the holder of a license issued pursuant to
23this Article has been convicted of attempting to commit,
24conspiring to commit, soliciting, or committing first degree
25murder or a Class X felony (including without limitation the
26offense of terrorism) or any offense committed or attempted in

 

 

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1any other state or against the laws of the United States that,
2if committed or attempted in this State, would have been
3punishable as one or more of the foregoing offenses, the State
4Superintendent of Education shall forthwith suspend the
5license. If the conviction is reversed and the holder is
6acquitted of that offense in a new trial or the charges that he
7or she committed that offense are dismissed, the State
8Superintendent of Education shall forthwith terminate the
9suspension of the license. When the conviction becomes final,
10the State Superintendent of Education shall forthwith revoke
11the license.
12(Source: P.A. 97-607, eff. 8-26-11; incorporates 96-1551, eff.
137-1-11; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
14    Section 10. The University of Illinois Act is amended by
15adding Section 90 as follows:
 
16    (110 ILCS 305/90 new)
17    Sec. 90. Employment prohibition for certain convictions.
18The University may not knowingly employ a person who has been
19convicted of attempting to commit, conspiring to commit,
20soliciting, or committing murder or felony murder (but not
21reckless homicide or negligent homicide) or the offense of
22terrorism or any offense committed or attempted in any other
23state or against the laws of the United States that, if
24committed or attempted in this State, would have been

 

 

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1punishable as murder or felony murder (but not reckless
2homicide or negligent homicide) or terrorism.
 
3    Section 15. The Southern Illinois University Management
4Act is amended by adding Section 75 as follows:
 
5    (110 ILCS 520/75 new)
6    Sec. 75. Employment prohibition for certain convictions.
7The University may not knowingly employ a person who has been
8convicted of attempting to commit, conspiring to commit,
9soliciting, or committing murder or felony murder (but not
10reckless homicide or negligent homicide) or the offense of
11terrorism or any offense committed or attempted in any other
12state or against the laws of the United States that, if
13committed or attempted in this State, would have been
14punishable as murder or felony murder (but not reckless
15homicide or negligent homicide) or terrorism.
 
16    Section 20. The Chicago State University Law is amended by
17adding Section 5-185 as follows:
 
18    (110 ILCS 660/5-185 new)
19    Sec. 5-185. Employment prohibition for certain
20convictions. The University may not knowingly employ a person
21who has been convicted of attempting to commit, conspiring to
22commit, soliciting, or committing murder or felony murder (but

 

 

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1not reckless homicide or negligent homicide) or the offense of
2terrorism or any offense committed or attempted in any other
3state or against the laws of the United States that, if
4committed or attempted in this State, would have been
5punishable as murder or felony murder (but not reckless
6homicide or negligent homicide) or terrorism.
 
7    Section 25. The Eastern Illinois University Law is amended
8by adding Section 10-185 as follows:
 
9    (110 ILCS 665/10-185 new)
10    Sec. 10-185. Employment prohibition for certain
11convictions. The University may not knowingly employ a person
12who has been convicted of attempting to commit, conspiring to
13commit, soliciting, or committing murder or felony murder (but
14not reckless homicide or negligent homicide) or the offense of
15terrorism or any offense committed or attempted in any other
16state or against the laws of the United States that, if
17committed or attempted in this State, would have been
18punishable as murder or felony murder (but not reckless
19homicide or negligent homicide) or terrorism.
 
20    Section 30. The Governors State University Law is amended
21by adding Section 15-185 as follows:
 
22    (110 ILCS 670/15-185 new)

 

 

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1    Sec. 15-185. Employment prohibition for certain
2convictions. The University may not knowingly employ a person
3who has been convicted of attempting to commit, conspiring to
4commit, soliciting, or committing murder or felony murder (but
5not reckless homicide or negligent homicide) or the offense of
6terrorism or any offense committed or attempted in any other
7state or against the laws of the United States that, if
8committed or attempted in this State, would have been
9punishable as murder or felony murder (but not reckless
10homicide or negligent homicide) or terrorism.
 
11    Section 35. The Illinois State University Law is amended by
12adding Section 20-190 as follows:
 
13    (110 ILCS 675/20-190 new)
14    Sec. 20-190. Employment prohibition for certain
15convictions. The University may not knowingly employ a person
16who has been convicted of attempting to commit, conspiring to
17commit, soliciting, or committing murder or felony murder (but
18not reckless homicide or negligent homicide) or the offense of
19terrorism or any offense committed or attempted in any other
20state or against the laws of the United States that, if
21committed or attempted in this State, would have been
22punishable as murder or felony murder (but not reckless
23homicide or negligent homicide) or terrorism.
 

 

 

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1    Section 40. The Northeastern Illinois University Law is
2amended by adding Section 25-185 as follows:
 
3    (110 ILCS 680/25-185 new)
4    Sec. 25-185. Employment prohibition for certain
5convictions. The University may not knowingly employ a person
6who has been convicted of attempting to commit, conspiring to
7commit, soliciting, or committing murder or felony murder (but
8not reckless homicide or negligent homicide) or the offense of
9terrorism or any offense committed or attempted in any other
10state or against the laws of the United States that, if
11committed or attempted in this State, would have been
12punishable as murder or felony murder (but not reckless
13homicide or negligent homicide) or terrorism.
 
14    Section 45. The Northern Illinois University Law is amended
15by adding Section 30-195 as follows:
 
16    (110 ILCS 685/30-195 new)
17    Sec. 30-195. Employment prohibition for certain
18convictions. The University may not knowingly employ a person
19who has been convicted of attempting to commit, conspiring to
20commit, soliciting, or committing murder or felony murder (but
21not reckless homicide or negligent homicide) or the offense of
22terrorism or any offense committed or attempted in any other
23state or against the laws of the United States that, if

 

 

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1committed or attempted in this State, would have been
2punishable as murder or felony murder (but not reckless
3homicide or negligent homicide) or terrorism.
 
4    Section 50. The Western Illinois University Law is amended
5by adding Section 35-190 as follows:
 
6    (110 ILCS 690/35-190 new)
7    Sec. 35-190. Employment prohibition for certain
8convictions. The University may not knowingly employ a person
9who has been convicted of attempting to commit, conspiring to
10commit, soliciting, or committing murder or felony murder (but
11not reckless homicide or negligent homicide) or the offense of
12terrorism or any offense committed or attempted in any other
13state or against the laws of the United States that, if
14committed or attempted in this State, would have been
15punishable as murder or felony murder (but not reckless
16homicide or negligent homicide) or terrorism.
 
17    Section 55. The Public Community College Act is amended by
18adding Section 3-29.11 as follows:
 
19    (110 ILCS 805/3-29.11 new)
20    Sec. 3-29.11. Employment prohibition for certain
21convictions. A community college may not knowingly employ a
22person who has been convicted of attempting to commit,

 

 

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1conspiring to commit, soliciting, or committing murder or
2felony murder (but not reckless homicide or negligent homicide)
3or the offense of terrorism or any offense committed or
4attempted in any other state or against the laws of the United
5States that, if committed or attempted in this State, would
6have been punishable as murder or felony murder (but not
7reckless homicide or negligent homicide) or terrorism.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.