HB1330ham002 95TH GENERAL ASSEMBLY

Rep. Karen A. Yarbrough

Filed: 3/22/2007

09500HB1330ham002 LRB095 08290 NHT 34184 a

AMENDMENT TO HOUSE BILL 1330

AMENDMENT NO. ______. Amend House Bill 1330 as follows:

on page 25, line 13, after the period, by inserting the following: "Such staff shall be named "specially trained personnel"."; and

on page 25, line 20, by replacing "Designated staff" with "Such additional staff shall also be named "specially trained personnel". Specially trained personnel"; and

on page 26, line 19, by replacing "designated or appointed staff" with "specially trained personnel"; and

on page 27, line 6, by deleting "designate or appoint and"; and

on page 27, line 22, by deleting "designate or appoint and"; and

on page 34, immediately below line 19, by inserting the following:

""Domestic or sexual violence organization" means a nonprofit, nongovernmental organization that provides assistance to victims of domestic or sexual violence or to advocates for such victims, including an organization carrying out a domestic or sexual violence program; an organization operating a shelter or a rape crisis center or providing counseling services; or an organization that seeks to eliminate domestic or sexual violence through legislative advocacy or policy change, public education, or service collaboration."; and

on page 35, immediately below line 22, by inserting the following:

""Youth", except as otherwise provided in this Code, means a child, student, or juvenile below the age of 21 years who has not yet completed his or her prescribed course of study or has not graduated from secondary school as provided in Section 22-22 of this Code. "Youth" includes, but is not limited to, unaccompanied youth not in the physical custody of a parent or guardian."; and

on page 36, immediately below line 3, by inserting the following:

"A school district may require a youth to provide verification that he or she is or has been a victim of domestic or sexual violence only when the youth asserts rights under this subsection (c-5) on the basis of domestic or sexual violence. Any one of the following is acceptable verification of a youth's claim of domestic or sexual violence:

(1) A written statement from the youth or anyone who has knowledge of the circumstances that support the youth's claim.

(2) A police report, government agency record, or court record.

(3) A statement or other documentation from a domestic or sexual violence organization or any other organization from which the youth sought services or advice.

(4) Documentation from a lawyer, clergy person, medical professional, or other professional from whom the youth sought domestic or sexual violence services or advice.

(5) Any other evidence, such as physical evidence of violence, that supports the claim. A youth who has provided acceptable verification that he or she is or has been a victim of domestic or sexual violence must not be required to provide any additional verification if the youth's efforts to assert rights under this Code stem from a claim involving the same perpetrator."; and

on page 40, immediately below line 12, by inserting the following:

"A school district may require a youth to provide verification that he or she is or has been a victim of domestic or sexual violence only when a youth asserts rights under this Section on the basis of domestic or sexual violence. Any one of the following is acceptable verification of a youth's claim of domestic or sexual violence:

(1) A written statement from the youth or anyone who has knowledge of the circumstances that support the youth's claim.

(2) A police report, government agency record, or court record.

(3) A statement or other documentation from a domestic or sexual violence organization or any other organization from which the youth sought services or advice.

(4) Documentation from a lawyer, clergy person, medical professional, or other professional from whom the youth sought domestic or sexual violence services or advice.

(5) Any other evidence, such as physical evidence of violence, that supports the claim. A youth who has provided acceptable verification that he or she is or has been a victim of domestic or sexual violence must not be required to provide any additional verification if the youth's efforts to assert rights under this Code stem from a claim involving the same perpetrator.

In this Section:

"Domestic or sexual violence organization" means a nonprofit, nongovernmental organization that provides assistance to victims of domestic or sexual violence or to advocates for such victims, including an organization carrying out a domestic or sexual violence program; an organization operating a shelter or a rape crisis center or providing counseling services; or an organization that seeks to eliminate domestic or sexual violence through legislative advocacy or policy change, public education, or service collaboration.

"Domestic violence" includes one or more acts or threats of violence among family or household members or persons who have or have had a dating or engagement relationship, not including acts of self-defense or the defense of another, as "domestic violence" and "family or household members" are defined in Section 103 of the Illinois Domestic Violence Act of 1986.

"Perpetrator" means an individual who commits or is alleged to have committed any act of domestic or sexual violence.

"Sexual violence" means sexual assault, abuse, or stalking of an adult or minor child proscribed in the Criminal Code of 1961 in Sections 12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including sexual violence committed by perpetrators who are strangers to the victim and sexual violence committed by perpetrators who are known or related by blood or marriage to the victim.

"Student" means any youth enrolled, eligible to enroll, or previously enrolled in a school who has not yet graduated from secondary school as provided in Section 22-22 of this Code.

"Victim" means an individual who has been subjected to one or more acts of domestic or sexual violence.

"Youth", except as otherwise provided in this Code, means a child, student, or juvenile below the age of 21 years who has not yet completed his or her prescribed course of study or has not graduated from secondary school as provided in Section 22-22 of this Code. "Youth" includes, but is not limited to, unaccompanied youth not in the physical custody of a parent or guardian.".