Full Text of HB6390 96th General Assembly
HB6390ham001 96TH GENERAL ASSEMBLY
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Rep. John E. Bradley
Filed: 3/11/2010
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09600HB6390ham001 |
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LRB096 21028 NHT 38373 a |
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| AMENDMENT TO HOUSE BILL 6390
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| AMENDMENT NO. ______. Amend House Bill 6390 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: | 6 |
| (105 ILCS 5/21-23a) (from Ch. 122, par. 21-23a) | 7 |
| Sec. 21-23a. Conviction of certain offenses as grounds for | 8 |
| revocation
of certificate. | 9 |
| (a) Whenever the holder of any certificate issued pursuant
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| to this Article has been convicted of (i) any sex offense or | 11 |
| narcotics offense
as defined in this Section or (ii) the | 12 |
| offense of endangering the life or health of a child, as | 13 |
| defined in Section 12-21.6 of the Criminal Code of 1961, if | 14 |
| baby shaking was the proximate cause of death or any offense | 15 |
| committed in any other state that, if committed in this State, | 16 |
| would have been punishable as the offense of endangering the |
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LRB096 21028 NHT 38373 a |
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| life or health of a child, as defined in Section 12-21.6 of the | 2 |
| Criminal Code of 1961, if baby shaking was the proximate cause | 3 |
| of death , the State
Superintendent
of Education shall forthwith | 4 |
| suspend the certificate. If the conviction
is reversed and the | 5 |
| holder is acquitted of the offense in a new trial or
the | 6 |
| charges against him are dismissed, the suspending authority | 7 |
| shall forthwith
terminate the suspension of the certificate. | 8 |
| When the conviction becomes
final, the State Superintendent of | 9 |
| Education shall forthwith revoke the
certificate. "Sex | 10 |
| offense" as used in this Section means any one or more
of the | 11 |
| following offenses: (1) any offense defined in Sections 11-6 | 12 |
| and
11-9 through 11-9.5, inclusive, Sections 11-14 through | 13 |
| 11-21, inclusive, Sections 11-23 (if punished as a Class 3 | 14 |
| felony), 11-24, 11-25, and 11-26, and Sections 12-4.9,
12-13, | 15 |
| 12-14,
12-14.1,
12-15, 12-16, 12-32, and 12-33 of the Criminal | 16 |
| Code of 1961; (2) any
attempt to commit any of the foregoing | 17 |
| offenses, and (3) any offense committed
or attempted in any | 18 |
| other state which, if committed or attempted in this
State, | 19 |
| would have been punishable as one or more of the foregoing
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| offenses. "Narcotics offense" as used in this Section
means any | 21 |
| one or more of the following offenses: (1) any offense defined
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| in the Cannabis Control Act, except those defined in Sections | 23 |
| 4(a), 4(b)
and 5(a) of that Act and any offense for which the | 24 |
| holder of any certificate
is placed on probation under the | 25 |
| provisions of Section 10 of that Act, provided that if the | 26 |
| terms and conditions of probation required by the court are not |
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| fulfilled, the offense is not eligible for this exception; (2) | 2 |
| any offense defined in the Illinois Controlled
Substances Act, | 3 |
| except any offense for which the holder of any certificate
is | 4 |
| placed on probation under the provisions of Section 410 of that | 5 |
| Act, provided that if the terms and conditions of probation | 6 |
| required by the court are not fulfilled, the offense is not | 7 |
| eligible for this exception; (3) any offense defined in the | 8 |
| Methamphetamine Control and Community Protection Act, except | 9 |
| any offense for which the holder of any certificate is placed | 10 |
| on probation under the provision of Section 70 of that Act, | 11 |
| provided that if the terms and conditions of probation required | 12 |
| by the court are not fulfilled, the offense is not eligible for | 13 |
| this exception; (4) any attempt to commit any of the foregoing | 14 |
| offenses; and (5)
any offense committed or attempted in any | 15 |
| other state or against the laws
of the United States which, if | 16 |
| committed or attempted in this State, would
have been | 17 |
| punishable as one or more of the foregoing offenses. The | 18 |
| changes made by this amendatory Act of the 96th General | 19 |
| Assembly to the definition of "narcotics offense" in this | 20 |
| subsection (a) are declaratory of existing law. | 21 |
| (b) Whenever the holder of a certificate issued pursuant to | 22 |
| this Article
has been convicted of first degree murder, | 23 |
| attempted first degree murder, conspiracy to commit first | 24 |
| degree murder, attempted conspiracy to commit first degree | 25 |
| murder, involuntary manslaughter in which the death of the | 26 |
| victim was proximately caused by baby shaking, or a
Class X |
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| felony or any offense committed or attempted in any other state | 2 |
| or against the laws of the United States that, if committed or | 3 |
| attempted in this State, would have been punishable as one or | 4 |
| more of the foregoing offenses, the State Superintendent of
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| Education shall forthwith suspend the certificate. If the | 6 |
| conviction is
reversed and the holder is acquitted of that | 7 |
| offense in a new trial or the
charges that he or she committed | 8 |
| that offense are dismissed, the State Superintendent of | 9 |
| Education shall forthwith terminate the suspension of the | 10 |
| certificate. When
the conviction becomes final, the State | 11 |
| Superintendent of Education shall
forthwith revoke the | 12 |
| certificate. | 13 |
| (Source: P.A. 96-431, eff. 8-13-09.)
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| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.".
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