Illinois 2023-2024 Regular Session

Illinois House Bill HB4253 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4253 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED: New Act720 ILCS 5/12C-50 Creates the Higher Education Violation Reporting Act. Provides that each public and private institution of higher education shall maintain a report publicly reporting actual findings of violations by any student organization, athletic team, or living group of the institution's code of conduct or anti-hazing policy or State or federal laws relating to hazing or alcohol, drugs, sexual assault, or physical assault. Provides that an institution of higher education shall provide hazing prevention education to employees. Provides that if an employee or volunteer at an institution of higher education has reasonable cause to believe that hazing has occurred, the employee or volunteer shall report the incident. Amends the Criminal Code of 2012. In provisions concerning hazing, provides that a person commits hazing when he or she knowingly requires the performance of any act by a student or other person in a school, college, university, or other educational institution of this State for the purpose of induction or admission into or maintenance of membership in (instead of only for the purpose of induction or admission into) any group, organization, or society associated or connected with that institution if the act meets certain requirements; makes changes to the requirements. Provides that an act may be considered hazing regardless of whether the student or other person is willing to participate in the act. Effective July 1, 2024. LRB103 34781 RJT 64631 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4253 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED: New Act720 ILCS 5/12C-50 New Act 720 ILCS 5/12C-50 Creates the Higher Education Violation Reporting Act. Provides that each public and private institution of higher education shall maintain a report publicly reporting actual findings of violations by any student organization, athletic team, or living group of the institution's code of conduct or anti-hazing policy or State or federal laws relating to hazing or alcohol, drugs, sexual assault, or physical assault. Provides that an institution of higher education shall provide hazing prevention education to employees. Provides that if an employee or volunteer at an institution of higher education has reasonable cause to believe that hazing has occurred, the employee or volunteer shall report the incident. Amends the Criminal Code of 2012. In provisions concerning hazing, provides that a person commits hazing when he or she knowingly requires the performance of any act by a student or other person in a school, college, university, or other educational institution of this State for the purpose of induction or admission into or maintenance of membership in (instead of only for the purpose of induction or admission into) any group, organization, or society associated or connected with that institution if the act meets certain requirements; makes changes to the requirements. Provides that an act may be considered hazing regardless of whether the student or other person is willing to participate in the act. Effective July 1, 2024. LRB103 34781 RJT 64631 b LRB103 34781 RJT 64631 b STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4253 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:
33 New Act720 ILCS 5/12C-50 New Act 720 ILCS 5/12C-50
44 New Act
55 720 ILCS 5/12C-50
66 Creates the Higher Education Violation Reporting Act. Provides that each public and private institution of higher education shall maintain a report publicly reporting actual findings of violations by any student organization, athletic team, or living group of the institution's code of conduct or anti-hazing policy or State or federal laws relating to hazing or alcohol, drugs, sexual assault, or physical assault. Provides that an institution of higher education shall provide hazing prevention education to employees. Provides that if an employee or volunteer at an institution of higher education has reasonable cause to believe that hazing has occurred, the employee or volunteer shall report the incident. Amends the Criminal Code of 2012. In provisions concerning hazing, provides that a person commits hazing when he or she knowingly requires the performance of any act by a student or other person in a school, college, university, or other educational institution of this State for the purpose of induction or admission into or maintenance of membership in (instead of only for the purpose of induction or admission into) any group, organization, or society associated or connected with that institution if the act meets certain requirements; makes changes to the requirements. Provides that an act may be considered hazing regardless of whether the student or other person is willing to participate in the act. Effective July 1, 2024.
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1414 1 AN ACT concerning education.
1515 2 Be it enacted by the People of the State of Illinois,
1616 3 represented in the General Assembly:
1717 4 Section 1. Short title. This Act may be cited as the Higher
1818 5 Education Violation Reporting Act.
1919 6 Section 5. Definitions. In this Act:
2020 7 "Employee" means a person who is receiving wages from an
2121 8 institution of higher education and is in a position with
2222 9 direct, ongoing contact with students in a supervisory role or
2323 10 position of authority. "Employee" does not include a person
2424 11 employed as medical staff or with an affiliated organization,
2525 12 entity, or extension of an institution of higher education,
2626 13 unless the employee has a supervisory role or position of
2727 14 authority over students. "Employee" does not include
2828 15 confidential employees.
2929 16 "Institution of higher education" means a public or
3030 17 private institution of higher education located in this State.
3131 18 "Reasonable cause" means a person who witnesses hazing or
3232 19 receives a credible written or oral report alleging hazing or
3333 20 potential or planned hazing activity.
3434 21 Section 10. Violation reporting.
3535 22 (a) Beginning with the 2024-2025 academic year, each
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3939 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4253 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:
4040 New Act720 ILCS 5/12C-50 New Act 720 ILCS 5/12C-50
4141 New Act
4242 720 ILCS 5/12C-50
4343 Creates the Higher Education Violation Reporting Act. Provides that each public and private institution of higher education shall maintain a report publicly reporting actual findings of violations by any student organization, athletic team, or living group of the institution's code of conduct or anti-hazing policy or State or federal laws relating to hazing or alcohol, drugs, sexual assault, or physical assault. Provides that an institution of higher education shall provide hazing prevention education to employees. Provides that if an employee or volunteer at an institution of higher education has reasonable cause to believe that hazing has occurred, the employee or volunteer shall report the incident. Amends the Criminal Code of 2012. In provisions concerning hazing, provides that a person commits hazing when he or she knowingly requires the performance of any act by a student or other person in a school, college, university, or other educational institution of this State for the purpose of induction or admission into or maintenance of membership in (instead of only for the purpose of induction or admission into) any group, organization, or society associated or connected with that institution if the act meets certain requirements; makes changes to the requirements. Provides that an act may be considered hazing regardless of whether the student or other person is willing to participate in the act. Effective July 1, 2024.
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4646 STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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7878 1 institution of higher education shall maintain a report on the
7979 2 institution's website publicly reporting actual findings of
8080 3 violations by any student organization, athletic team, or
8181 4 living group of the institution of higher education's code of
8282 5 conduct or anti-hazing policy or State or federal laws
8383 6 relating to hazing or alcohol, drugs, sexual assault, or
8484 7 physical assault. The report shall include all of the
8585 8 following:
8686 9 (1) The name of the student organization, athletic
8787 10 team, or living group.
8888 11 (2) The date the investigation was initiated.
8989 12 (3) The date on which the investigation ended with a
9090 13 finding that a violation occurred.
9191 14 (4) The date the student organization, athletic team,
9292 15 or living group was charged with a violation.
9393 16 (5) A description of the violation, including the date
9494 17 of the violation, and the findings and sanction placed on
9595 18 the student organization, athletic team, or living group.
9696 19 (6) The details of the sanction imposed, including the
9797 20 beginning and end dates of the sanction.
9898 21 (b) An investigation that does not result in a finding of a
9999 22 formal violation of the student code of conduct, anti-hazing
100100 23 policy, or State or federal law may not be included in the
101101 24 report under this Section. The report may not include any
102102 25 personal or identifying information of individual students and
103103 26 shall be subject to the requirements of the federal Family
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114114 1 Educational Rights and Privacy Act of 1974 and the Illinois
115115 2 School Student Records Act.
116116 3 (c) The institution of higher education shall make the
117117 4 report under this Section available on its website in a
118118 5 prominent location clearly labeled and easily accessible from
119119 6 the institution's website.
120120 7 (d) The institution of higher education shall maintain and
121121 8 update the information in the report for 5 years after that
122122 9 information was first included in the report and shall post
123123 10 the information in the report on its website at least 45
124124 11 calendar days before the start of each fall academic term and
125125 12 at least 10 days before the start of all other academic terms.
126126 13 Section 15. Hazing prevention.
127127 14 (a) Beginning with the 2024-2025 academic year, an
128128 15 institution of higher education shall provide hazing
129129 16 prevention education on the signs and dangers of hazing, as
130130 17 well as the institution of higher education's prohibition on
131131 18 hazing, to employees, including student employees, either in
132132 19 person or electronically. The prevention education shall be
133133 20 provided to employees at the beginning of each academic year.
134134 21 In addition, the prevention education shall be provided to new
135135 22 employees at the beginning of the academic term after they are
136136 23 hired.
137137 24 (b) If, as a result of observations or information
138138 25 received in the course of employment or volunteer service, an
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149149 1 employee, including a student employee, or volunteer at an
150150 2 institution of higher education has reasonable cause to
151151 3 believe that hazing has occurred, the employee or volunteer
152152 4 shall report the incident or cause a report to be made to a
153153 5 designated authority at the institution of higher education at
154154 6 the first opportunity available.
155155 7 (c) A person who witnesses hazing or has reasonable cause
156156 8 to believe hazing has occurred or will occur and who makes a
157157 9 report to an institution of higher education in good faith may
158158 10 not be sanctioned or punished by the institution for higher
159159 11 education for the hazing unless the person was directly
160160 12 engaged in the planning, directing, or act of hazing that is
161161 13 being reported.
162162 14 (d) Nothing in this Section precludes a person from
163163 15 independently reporting hazing or suspected hazing activity to
164164 16 a law enforcement agency.
165165 17 Section 20. The Criminal Code of 2012 is amended by
166166 18 changing Section 12C-50 as follows:
167167 19 (720 ILCS 5/12C-50)
168168 20 Sec. 12C-50. Hazing.
169169 21 (a) A person commits hazing when he or she knowingly
170170 22 requires the performance of any act by a student or other
171171 23 person in a school, college, university, or other educational
172172 24 institution of this State, for the purpose of induction or
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183183 1 admission into or maintenance of membership in any group,
184184 2 organization, or society associated or connected with that
185185 3 institution, regardless of the student or other person's
186186 4 willingness to participate in the act, if:
187187 5 (1) the act is not sanctioned or authorized by that
188188 6 educational institution; and
189189 7 (2) the act either (i) is likely to contribute to a
190190 8 substantial risk of physical injury to, adverse mental
191191 9 health outcomes for, or degradation of any person or (ii)
192192 10 causes physical injury to, adverse mental health outcomes
193193 11 for, or degradation of results in bodily harm to any
194194 12 person.
195195 13 (b) Sentence. Hazing is a Class A misdemeanor, except that
196196 14 hazing that results in death or great bodily harm is a Class 4
197197 15 felony.
198198 16 (Source: P.A. 97-1109, eff. 1-1-13.)
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