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| Public Act 097-0547 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by adding | ||||
Section 21-5.5 as follows: | ||||
(720 ILCS 5/21-5.5 new) | ||||
Sec. 21-5.5. Criminal trespass to a safe school zone. | ||||
(a) As used in this Section: | ||||
"Employee" means a person employed by a school whose | ||||
relationship with that agency constitutes an employer-employee | ||||
relationship under the usual common law rules, and who is not | ||||
an independent contractor. "Employee" includes, but is not | ||||
limited to, a teacher, student teacher, aide, secretary, | ||||
custodial engineer, coach, or his or her designee. | ||||
"School administrator" means the school's principal, or | ||||
his or her designee. | ||||
"Safe school zone" means an area that encompasses any of | ||||
the following places during regular school hours or within 60 | ||||
minutes before or after the school day or 60 minutes before or | ||||
after a school-sponsored activity. This shall include any | ||||
school property, ground, or street, sidewalk, or public way | ||||
immediately adjacent thereto and any public right-of-way | ||||
situated immediately adjacent to school property. The safe | ||||
school zone shall not include any portion of the highway not | ||
actually on school property. | ||
"School activity" means and includes any school session, | ||
any extracurricular activity or event sponsored by or | ||
participated in by the school, and the 60-minute periods | ||
immediately preceding and following any session, activity, or | ||
event. | ||
"Student" means any person enrolled or previously enrolled | ||
in a school. | ||
(b) A person commits the offense of criminal trespass to a | ||
safe school zone when he or she knowingly: | ||
(1) enters or remains in a safe school zone without | ||
lawful business, when as a student or employee, who has | ||
been suspended, expelled, or dismissed for disrupting the | ||
orderly operation of the school, and as a condition of the | ||
suspension or dismissal, has been denied access to the safe | ||
school zone for the period of the suspension or in the case | ||
of dismissal for a period not to exceed the term of | ||
expulsion, and has been served in person or by registered | ||
or certified mail, at the last address given by that | ||
person, with a written notice of the suspension or | ||
dismissal and condition; or | ||
(2) enters or remains in a safe school zone without | ||
lawful business, once being served either in person or by | ||
registered or certified mail that his or her presence has | ||
been withdrawn by the school administrator, or his or her | ||
designee, and whose presence or acts interfere with, or | ||
whenever there is reasonable suspicion to believe, such | ||
person will disrupt the orderly operation, or
the safety, | ||
or peaceful conduct of the school or school activities. | ||
This clause (b)(2) has no application to conduct protected | ||
by the Illinois Educational Labor Relations Act or any | ||
other law applicable to labor relations. This clause (b)(2) | ||
has no application to conduct protected by the First | ||
Amendment to the Constitution of the United States or | ||
Article I of the Illinois Constitution, including the | ||
exercise of free speech, free expression, and the free | ||
exercise of religion or expression of religiously based | ||
views. | ||
(c) Sentence. Criminal trespass to a safe school zone is a | ||
Class A misdemeanor.
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