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
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
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".
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A BILL FOR
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SB0168 LRB104 07586 RLC 17630 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by changing Section
5 21B-80 as follows:
6 (105 ILCS 5/21B-80)
7 Sec. 21B-80. Conviction of certain offenses as grounds for
8 disqualification for licensure or suspension or revocation of
9 a license.
10 (a) As used in this Section:
11 "Drug offense" means any one or more of the following
12 offenses:
13 (1) Any offense defined in the Cannabis Control Act,
14 except those defined in subdivisions (a), (b), and (c) of
15 Section 4 and subdivisions (a) and (b) of Section 5 of the
16 Cannabis Control Act and any offense for which the holder
17 of a license is placed on probation under the provisions
18 of Section 10 of the Cannabis Control Act, provided that
19 if the terms and conditions of probation required by the
20 court are not fulfilled, the offense is not eligible for
21 this exception.
22 (2) Any offense defined in the Illinois Controlled
23 Substances Act, except any offense for which the holder of
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
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
LRB104 07586 RLC 17630 b
A BILL FOR
105 ILCS 5/21B-80
720 ILCS 5/11-9.6 new
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1 a license is placed on probation under the provisions of
2 Section 410 of the Illinois Controlled Substances Act,
3 provided that if the terms and conditions of probation
4 required by the court are not fulfilled, the offense is
5 not eligible for this exception.
6 (3) Any offense defined in the Methamphetamine Control
7 and Community Protection Act, except any offense for which
8 the holder of a license is placed on probation under the
9 provision of Section 70 of that Act, provided that if the
10 terms and conditions of probation required by the court
11 are not fulfilled, the offense is not eligible for this
12 exception.
13 (4) Any attempt to commit any of the offenses listed
14 in items (1) through (3) of this definition.
15 (5) Any offense committed or attempted in any other
16 state or against the laws of the United States that, if
17 committed or attempted in this State, would have been
18 punishable as one or more of the offenses listed in items
19 (1) through (4) of this definition.
20 The changes made by Public Act 96-431 to this definition are
21 declaratory of existing law.
22 "Sentence" includes any period of supervised release or
23 probation that was imposed either alone or in combination with
24 a period of incarceration.
25 "Sex or other offense" means any one or more of the
26 following offenses:
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1 (A) Any offense defined in Article 9 of the Criminal
2 Code of 1961 or the Criminal Code of 2012; Sections 11-6,
3 11-9 through 11-9.6 11-9.5, inclusive, and 11-30 (if
4 punished as a Class 4 felony) of the Criminal Code of 1961
5 or the Criminal Code of 2012; Sections 11-14.1 through
6 11-21, inclusive, of the Criminal Code of 1961 or the
7 Criminal Code of 2012; Sections 11-23 (if punished as a
8 Class 3 felony), 11-24, 11-25, and 11-26 of the Criminal
9 Code of 1961 or the Criminal Code of 2012; Section 10-5.1,
10 subsection (c) of Section 10-9, and Sections 11-6.6,
11 11-11, 12-3.05, 12-3.3, 12-6.4, 12-7.1, 12-34, 12-34.5,
12 and 12-35 of the Criminal Code of 2012; and Sections
13 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
14 12-14.1, 12-15, 12-16, 12-32, 12-33, 12C-45, and 26-4 (if
15 punished pursuant to subdivision (4) or (5) of subsection
16 (d) of Section 26-4) of the Criminal Code of 1961 or the
17 Criminal Code of 2012.
18 (B) Any attempt to commit any of the offenses listed
19 in item (A) of this definition.
20 (C) Any offense committed or attempted in any other
21 state that, if committed or attempted in this State, would
22 have been punishable as one or more of the offenses listed
23 in items (A) and (B) of this definition.
24 (b) Whenever the holder of any license issued pursuant to
25 this Article or applicant for a license to be issued pursuant
26 to this Article has been convicted of any drug offense, other
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1 than as provided in subsection (c) of this Section, the State
2 Superintendent of Education shall forthwith suspend the
3 license or deny the application, whichever is applicable,
4 until 7 years following the end of the sentence for the
5 criminal offense. If the conviction is reversed and the holder
6 is acquitted of the offense in a new trial or the charges
7 against him or her are dismissed, the State Superintendent of
8 Education shall forthwith terminate the suspension of the
9 license.
10 (b-5) Whenever the holder of a license issued pursuant to
11 this Article or applicant for a license to be issued pursuant
12 to this Article has been charged with attempting to commit,
13 conspiring to commit, soliciting, or committing any sex or
14 other offense, as enumerated under item (A) of subsection (a),
15 first degree murder, or a Class X felony or any offense
16 committed or attempted in any other state or against the laws
17 of the United States that, if committed or attempted in this
18 State, would have been punishable as one or more of the
19 foregoing offenses, the State Superintendent of Education
20 shall immediately suspend the license or deny the application
21 until the person's criminal charges are adjudicated through a
22 court of competent jurisdiction. If the person is acquitted,
23 his or her license or application shall be immediately
24 reinstated.
25 (c) Whenever the holder of a license issued pursuant to
26 this Article or applicant for a license to be issued pursuant
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1 to this Article has been convicted of attempting to commit,
2 conspiring to commit, soliciting, or committing any sex or
3 other offense, as enumerated under item (A) of subsection (a),
4 first degree murder, or a Class X felony or any offense
5 committed or attempted in any other state or against the laws
6 of the United States that, if committed or attempted in this
7 State, would have been punishable as one or more of the
8 foregoing offenses, the State Superintendent of Education
9 shall forthwith suspend the license or deny the application,
10 whichever is applicable. If the conviction is reversed and the
11 holder is acquitted of that offense in a new trial or the
12 charges that he or she committed that offense are dismissed,
13 the State Superintendent of Education shall forthwith
14 terminate the suspension of the license. When the conviction
15 becomes final, the State Superintendent of Education shall
16 forthwith revoke the license.
17 (Source: P.A. 101-531, eff. 8-23-19; 102-552, eff. 1-1-22.)
18 Section 10. The Criminal Code of 2012 is amended by adding
19 Section 11-9.6 as follows:
20 (720 ILCS 5/11-9.6 new)
21 Sec. 11-9.6. Abuse by an educator or authority figure.
22 (a) As used in this Section:
23 "Authority figure" means a person 18 years of age or older
24 who is not a student at a school but who at the time of the act
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1 of sexual conduct or the act of sexual penetration is employed
2 by, volunteering at, an agent of, or under contract with the
3 same school a student attends, whether directly or through a
4 firm holding a contract with the school.
5 "Educator" means a person who is employed at the same
6 school a student attends and who at the time of the act of
7 sexual conduct or the act of sexual penetration:
8 (1) instructs students at the school;
9 (2) administers, directs, or supervises the
10 educational instruction program or a portion of the
11 educational instruction program at the school;
12 (3) provides health or educational support services
13 directly to students at the school; or
14 (4) coaches students at the school.
15 "School" means a public or nonpublic secondary school.
16 "Student" means any person enrolled in a school.
17 (b) A person commits abuse by an educator or authority
18 figure if that person is an educator or authority figure at the
19 school, the student is at least 18 years of age but under 23
20 years of age, the person is at least 4 years older than the
21 student and holds or held within the previous year a position
22 of trust, authority, or supervision in relation to the student
23 in connection with an educational or extracurricular program
24 or activity, and the person either:
25 (1) commits an act of sexual conduct with the student;
26 or
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