IL
Illinois Senate Bill SB0168

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB0168 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0168 Introduced 1/17/2025, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED: 105 ILCS 5/21B-80720 ILCS 5/11-9.6 new Amends the Educator Licensure Article of the School Code. In provisions concerning the conviction of certain offenses as grounds for disqualification for licensure or suspension or revocation of a license, includes in the definition of "sex or other offense" abuse by an educator or authority figure as defined in the Criminal Code of 2012. Amends the Criminal Code of 2012. Creates the offense of abuse by an educator or authority figure. Provides that a person commits the offense if that person is an educator or authority figure at the school, the student is at least 18 years of age but under 23 years of age, the person is at least 4 years older than the student and holds or held within the previous year a position of trust, authority, or supervision in relation to the student in connection with an educational or extracurricular program or activity, and the person either: (1) commits an act of sexual conduct with the student; or (2) commits an act of sexual penetration with the student. Provides that abuse by an educator or authority figure involving sexual conduct is a Class A misdemeanor for the first offense and a Class 4 felony for a second or subsequent offense or if there is more than one victim. Provides that abuse by an educator or authority figure involving sexual penetration is a Class 4 felony for the first offense and a Class 3 felony for a second or subsequent offense or if there is more than one victim. Provides that consent of the victim is not a defense to abuse by an educator or authority figure. Defines "authority figure" and "educator". LRB104 07586 RLC 17630 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0168 Introduced 1/17/2025, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED: 105 ILCS 5/21B-80720 ILCS 5/11-9.6 new 105 ILCS 5/21B-80 720 ILCS 5/11-9.6 new Amends the Educator Licensure Article of the School Code. In provisions concerning the conviction of certain offenses as grounds for disqualification for licensure or suspension or revocation of a license, includes in the definition of "sex or other offense" abuse by an educator or authority figure as defined in the Criminal Code of 2012. Amends the Criminal Code of 2012. Creates the offense of abuse by an educator or authority figure. Provides that a person commits the offense if that person is an educator or authority figure at the school, the student is at least 18 years of age but under 23 years of age, the person is at least 4 years older than the student and holds or held within the previous year a position of trust, authority, or supervision in relation to the student in connection with an educational or extracurricular program or activity, and the person either: (1) commits an act of sexual conduct with the student; or (2) commits an act of sexual penetration with the student. Provides that abuse by an educator or authority figure involving sexual conduct is a Class A misdemeanor for the first offense and a Class 4 felony for a second or subsequent offense or if there is more than one victim. Provides that abuse by an educator or authority figure involving sexual penetration is a Class 4 felony for the first offense and a Class 3 felony for a second or subsequent offense or if there is more than one victim. Provides that consent of the victim is not a defense to abuse by an educator or authority figure. Defines "authority figure" and "educator". LRB104 07586 RLC 17630 b LRB104 07586 RLC 17630 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0168 Introduced 1/17/2025, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED:
33 105 ILCS 5/21B-80720 ILCS 5/11-9.6 new 105 ILCS 5/21B-80 720 ILCS 5/11-9.6 new
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66 Amends the Educator Licensure Article of the School Code. In provisions concerning the conviction of certain offenses as grounds for disqualification for licensure or suspension or revocation of a license, includes in the definition of "sex or other offense" abuse by an educator or authority figure as defined in the Criminal Code of 2012. Amends the Criminal Code of 2012. Creates the offense of abuse by an educator or authority figure. Provides that a person commits the offense if that person is an educator or authority figure at the school, the student is at least 18 years of age but under 23 years of age, the person is at least 4 years older than the student and holds or held within the previous year a position of trust, authority, or supervision in relation to the student in connection with an educational or extracurricular program or activity, and the person either: (1) commits an act of sexual conduct with the student; or (2) commits an act of sexual penetration with the student. Provides that abuse by an educator or authority figure involving sexual conduct is a Class A misdemeanor for the first offense and a Class 4 felony for a second or subsequent offense or if there is more than one victim. Provides that abuse by an educator or authority figure involving sexual penetration is a Class 4 felony for the first offense and a Class 3 felony for a second or subsequent offense or if there is more than one victim. Provides that consent of the victim is not a defense to abuse by an educator or authority figure. Defines "authority figure" and "educator".
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1212 1 AN ACT concerning criminal law.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The School Code is amended by changing Section
1616 5 21B-80 as follows:
1717 6 (105 ILCS 5/21B-80)
1818 7 Sec. 21B-80. Conviction of certain offenses as grounds for
1919 8 disqualification for licensure or suspension or revocation of
2020 9 a license.
2121 10 (a) As used in this Section:
2222 11 "Drug offense" means any one or more of the following
2323 12 offenses:
2424 13 (1) Any offense defined in the Cannabis Control Act,
2525 14 except those defined in subdivisions (a), (b), and (c) of
2626 15 Section 4 and subdivisions (a) and (b) of Section 5 of the
2727 16 Cannabis Control Act and any offense for which the holder
2828 17 of a license is placed on probation under the provisions
2929 18 of Section 10 of the Cannabis Control Act, provided that
3030 19 if the terms and conditions of probation required by the
3131 20 court are not fulfilled, the offense is not eligible for
3232 21 this exception.
3333 22 (2) Any offense defined in the Illinois Controlled
3434 23 Substances Act, except any offense for which the holder of
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3838 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0168 Introduced 1/17/2025, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED:
3939 105 ILCS 5/21B-80720 ILCS 5/11-9.6 new 105 ILCS 5/21B-80 720 ILCS 5/11-9.6 new
4040 105 ILCS 5/21B-80
4141 720 ILCS 5/11-9.6 new
4242 Amends the Educator Licensure Article of the School Code. In provisions concerning the conviction of certain offenses as grounds for disqualification for licensure or suspension or revocation of a license, includes in the definition of "sex or other offense" abuse by an educator or authority figure as defined in the Criminal Code of 2012. Amends the Criminal Code of 2012. Creates the offense of abuse by an educator or authority figure. Provides that a person commits the offense if that person is an educator or authority figure at the school, the student is at least 18 years of age but under 23 years of age, the person is at least 4 years older than the student and holds or held within the previous year a position of trust, authority, or supervision in relation to the student in connection with an educational or extracurricular program or activity, and the person either: (1) commits an act of sexual conduct with the student; or (2) commits an act of sexual penetration with the student. Provides that abuse by an educator or authority figure involving sexual conduct is a Class A misdemeanor for the first offense and a Class 4 felony for a second or subsequent offense or if there is more than one victim. Provides that abuse by an educator or authority figure involving sexual penetration is a Class 4 felony for the first offense and a Class 3 felony for a second or subsequent offense or if there is more than one victim. Provides that consent of the victim is not a defense to abuse by an educator or authority figure. Defines "authority figure" and "educator".
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7171 1 a license is placed on probation under the provisions of
7272 2 Section 410 of the Illinois Controlled Substances Act,
7373 3 provided that if the terms and conditions of probation
7474 4 required by the court are not fulfilled, the offense is
7575 5 not eligible for this exception.
7676 6 (3) Any offense defined in the Methamphetamine Control
7777 7 and Community Protection Act, except any offense for which
7878 8 the holder of a license is placed on probation under the
7979 9 provision of Section 70 of that Act, provided that if the
8080 10 terms and conditions of probation required by the court
8181 11 are not fulfilled, the offense is not eligible for this
8282 12 exception.
8383 13 (4) Any attempt to commit any of the offenses listed
8484 14 in items (1) through (3) of this definition.
8585 15 (5) Any offense committed or attempted in any other
8686 16 state or against the laws of the United States that, if
8787 17 committed or attempted in this State, would have been
8888 18 punishable as one or more of the offenses listed in items
8989 19 (1) through (4) of this definition.
9090 20 The changes made by Public Act 96-431 to this definition are
9191 21 declaratory of existing law.
9292 22 "Sentence" includes any period of supervised release or
9393 23 probation that was imposed either alone or in combination with
9494 24 a period of incarceration.
9595 25 "Sex or other offense" means any one or more of the
9696 26 following offenses:
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107107 1 (A) Any offense defined in Article 9 of the Criminal
108108 2 Code of 1961 or the Criminal Code of 2012; Sections 11-6,
109109 3 11-9 through 11-9.6 11-9.5, inclusive, and 11-30 (if
110110 4 punished as a Class 4 felony) of the Criminal Code of 1961
111111 5 or the Criminal Code of 2012; Sections 11-14.1 through
112112 6 11-21, inclusive, of the Criminal Code of 1961 or the
113113 7 Criminal Code of 2012; Sections 11-23 (if punished as a
114114 8 Class 3 felony), 11-24, 11-25, and 11-26 of the Criminal
115115 9 Code of 1961 or the Criminal Code of 2012; Section 10-5.1,
116116 10 subsection (c) of Section 10-9, and Sections 11-6.6,
117117 11 11-11, 12-3.05, 12-3.3, 12-6.4, 12-7.1, 12-34, 12-34.5,
118118 12 and 12-35 of the Criminal Code of 2012; and Sections
119119 13 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
120120 14 12-14.1, 12-15, 12-16, 12-32, 12-33, 12C-45, and 26-4 (if
121121 15 punished pursuant to subdivision (4) or (5) of subsection
122122 16 (d) of Section 26-4) of the Criminal Code of 1961 or the
123123 17 Criminal Code of 2012.
124124 18 (B) Any attempt to commit any of the offenses listed
125125 19 in item (A) of this definition.
126126 20 (C) Any offense committed or attempted in any other
127127 21 state that, if committed or attempted in this State, would
128128 22 have been punishable as one or more of the offenses listed
129129 23 in items (A) and (B) of this definition.
130130 24 (b) Whenever the holder of any license issued pursuant to
131131 25 this Article or applicant for a license to be issued pursuant
132132 26 to this Article has been convicted of any drug offense, other
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143143 1 than as provided in subsection (c) of this Section, the State
144144 2 Superintendent of Education shall forthwith suspend the
145145 3 license or deny the application, whichever is applicable,
146146 4 until 7 years following the end of the sentence for the
147147 5 criminal offense. If the conviction is reversed and the holder
148148 6 is acquitted of the offense in a new trial or the charges
149149 7 against him or her are dismissed, the State Superintendent of
150150 8 Education shall forthwith terminate the suspension of the
151151 9 license.
152152 10 (b-5) Whenever the holder of a license issued pursuant to
153153 11 this Article or applicant for a license to be issued pursuant
154154 12 to this Article has been charged with attempting to commit,
155155 13 conspiring to commit, soliciting, or committing any sex or
156156 14 other offense, as enumerated under item (A) of subsection (a),
157157 15 first degree murder, or a Class X felony or any offense
158158 16 committed or attempted in any other state or against the laws
159159 17 of the United States that, if committed or attempted in this
160160 18 State, would have been punishable as one or more of the
161161 19 foregoing offenses, the State Superintendent of Education
162162 20 shall immediately suspend the license or deny the application
163163 21 until the person's criminal charges are adjudicated through a
164164 22 court of competent jurisdiction. If the person is acquitted,
165165 23 his or her license or application shall be immediately
166166 24 reinstated.
167167 25 (c) Whenever the holder of a license issued pursuant to
168168 26 this Article or applicant for a license to be issued pursuant
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179179 1 to this Article has been convicted of attempting to commit,
180180 2 conspiring to commit, soliciting, or committing any sex or
181181 3 other offense, as enumerated under item (A) of subsection (a),
182182 4 first degree murder, or a Class X felony or any offense
183183 5 committed or attempted in any other state or against the laws
184184 6 of the United States that, if committed or attempted in this
185185 7 State, would have been punishable as one or more of the
186186 8 foregoing offenses, the State Superintendent of Education
187187 9 shall forthwith suspend the license or deny the application,
188188 10 whichever is applicable. If the conviction is reversed and the
189189 11 holder is acquitted of that offense in a new trial or the
190190 12 charges that he or she committed that offense are dismissed,
191191 13 the State Superintendent of Education shall forthwith
192192 14 terminate the suspension of the license. When the conviction
193193 15 becomes final, the State Superintendent of Education shall
194194 16 forthwith revoke the license.
195195 17 (Source: P.A. 101-531, eff. 8-23-19; 102-552, eff. 1-1-22.)
196196 18 Section 10. The Criminal Code of 2012 is amended by adding
197197 19 Section 11-9.6 as follows:
198198 20 (720 ILCS 5/11-9.6 new)
199199 21 Sec. 11-9.6. Abuse by an educator or authority figure.
200200 22 (a) As used in this Section:
201201 23 "Authority figure" means a person 18 years of age or older
202202 24 who is not a student at a school but who at the time of the act
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213213 1 of sexual conduct or the act of sexual penetration is employed
214214 2 by, volunteering at, an agent of, or under contract with the
215215 3 same school a student attends, whether directly or through a
216216 4 firm holding a contract with the school.
217217 5 "Educator" means a person who is employed at the same
218218 6 school a student attends and who at the time of the act of
219219 7 sexual conduct or the act of sexual penetration:
220220 8 (1) instructs students at the school;
221221 9 (2) administers, directs, or supervises the
222222 10 educational instruction program or a portion of the
223223 11 educational instruction program at the school;
224224 12 (3) provides health or educational support services
225225 13 directly to students at the school; or
226226 14 (4) coaches students at the school.
227227 15 "School" means a public or nonpublic secondary school.
228228 16 "Student" means any person enrolled in a school.
229229 17 (b) A person commits abuse by an educator or authority
230230 18 figure if that person is an educator or authority figure at the
231231 19 school, the student is at least 18 years of age but under 23
232232 20 years of age, the person is at least 4 years older than the
233233 21 student and holds or held within the previous year a position
234234 22 of trust, authority, or supervision in relation to the student
235235 23 in connection with an educational or extracurricular program
236236 24 or activity, and the person either:
237237 25 (1) commits an act of sexual conduct with the student;
238238 26 or
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