Full Text of HB2002 94th General Assembly
HB2002ham002 94TH GENERAL ASSEMBLY
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Rep. Lisa M. Dugan
Filed: 4/12/2005
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09400HB2002ham002 |
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LRB094 02827 RAS 44702 a |
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| AMENDMENT TO HOUSE BILL 2002
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| AMENDMENT NO. ______. Amend House Bill 2002 by replacing | 3 |
| everything after the enacting clause with the following:
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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. Suspension and revocation of certificate;
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| Conviction of sex or narcotics offense, first degree murder,
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| attempted first degree murder, or Class X felony as grounds for | 10 |
| revocation
of certificate .
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| (a) Whenever the holder of any certificate issued pursuant
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| to this Article has been convicted of any sex offense or | 13 |
| narcotics offense
as defined in this Section, the regional | 14 |
| superintendent or the State
Superintendent
of Education shall | 15 |
| forthwith suspend the certificate. If the conviction
is | 16 |
| reversed and the holder is acquitted of the offense in a new | 17 |
| trial or
the charges against him are dismissed, the suspending | 18 |
| authority shall forthwith
terminate the suspension of the | 19 |
| certificate. When the conviction becomes
final, the State | 20 |
| Superintendent of Education shall forthwith revoke the
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| certificate. "Sex offense" as used in this Section means any | 22 |
| one or more
of the following offenses: (1) any offense defined | 23 |
| in Sections 11-6 and
11-9 and Sections 11-14 through 11-21, | 24 |
| inclusive, and Sections
12-13, 12-14,
12-14.1,
12-15 and 12-16 |
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09400HB2002ham002 |
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LRB094 02827 RAS 44702 a |
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| of the "Criminal Code of 1961"; (2) any
attempt to commit any | 2 |
| of the foregoing offenses, and (3) any offense committed
or | 3 |
| attempted in any other state which, if committed or attempted | 4 |
| in this
State, would have been punishable as one or more of the | 5 |
| foregoing
offenses. "Narcotics offense" as used in this Section
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| means any one or more of the following offenses: (1) any | 7 |
| offense defined
in the "Cannabis Control Act" except those | 8 |
| defined in Sections 4(a), 4(b)
and 5(a) of that Act and any | 9 |
| offense for which the holder of any certificate
is placed on | 10 |
| probation under the provisions of Section 10 of that Act and
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| fulfills the terms and conditions of probation as may be | 12 |
| required by the
court; (2) any offense defined in the "Illinois | 13 |
| Controlled
Substances Act" except any offense for which the | 14 |
| holder of any certificate
is placed on probation under the | 15 |
| provisions of Section 410 of that Act and
fulfills the terms | 16 |
| and conditions of probation as may be required by the
court; | 17 |
| (3) any attempt to commit any of the foregoing offenses; and | 18 |
| (4)
any offense committed or attempted in any other state or | 19 |
| against the laws
of the United States which, if committed or | 20 |
| attempted in this State, would
have been punishable as one or | 21 |
| more of the foregoing offenses.
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| (a-5) Whenever the holder of a certificate issued pursuant | 23 |
| to this Article has been arrested under suspicion of the | 24 |
| commission of a sex offense, the regional superintendent or the | 25 |
| State Superintendent of Education shall immediately suspend | 26 |
| the certificate and conduct an investigation. If the suspending | 27 |
| authority, as part of the investigation, finds that the | 28 |
| allegation is untrue, then the suspending authority shall | 29 |
| immediately terminate the suspension of the certificate, | 30 |
| unless subsection (a) of this Section applies.
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| (b) Whenever the holder of a certificate issued pursuant to | 32 |
| this Article
has been convicted of first degree murder, | 33 |
| attempted first degree murder, or a
Class X felony, the | 34 |
| regional superintendent or the State Superintendent of
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09400HB2002ham002 |
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LRB094 02827 RAS 44702 a |
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| Education shall forthwith suspend the certificate. If the | 2 |
| conviction is
reversed and the holder is acquitted of that | 3 |
| offense in a new trial or the
charges that he or she committed | 4 |
| that offense are dismissed, the suspending
authority shall | 5 |
| forthwith terminate the suspension of the certificate. When
the | 6 |
| conviction becomes final, the State Superintendent of | 7 |
| Education shall
forthwith revoke the certificate. The stated | 8 |
| offenses of "first degree
murder", "attempted first degree | 9 |
| murder", and "Class X felony" referred to in
this Section | 10 |
| include any offense committed in another state that, if | 11 |
| committed
in this State, would have been punishable as any one | 12 |
| of the stated offenses.
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| (Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96; | 14 |
| 89-610, eff.
8-6-96.)".
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