summary
Introduced
02/04/2025
02/04/2025
In Committee
03/21/2025
03/21/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Criminal Code of 2012. Creates the offense of sexual misconduct with a student. Provides that a person commits sexual misconduct with a student when he or she is or was an employee of a school and commits sexual misconduct with a student who, at the time the employee was employed by the school, attended the school. Provides that the consent of the student is not a defense to a prosecution under this provision. Provides that a student is deemed incapable of consent, for purposes of this provision, when he or she is a student who attended the school while the employee was employed at the school. Provides that it is not a defense to a violation of this provision that the student was of the age to give consent to sexual penetration or sexual conduct in circumstances not involving a violation of this provision. Provides that a person convicted of violating this provision shall immediately forfeit his or her employment with a school and may not subsequently be employed at a school. Provides that a violation is a Class 3 felony. Provides exemptions. Defines "school" as a public or private elementary or secondary school or a school that operates grades kindergarten through 12. Defines "sexual misconduct" as any act, including, but not limited to, any verbal, nonverbal, written, or electronic communication or physical activity, by an employee or agent of the school district, charter school, or nonpublic school with direct contact with a student that is directed toward or with a student to establish a romantic or sexual relationship with the student. Defines other terms.
AI Summary
This bill amends the Criminal Code of 2012 to create a new offense called "sexual misconduct with a student" that specifically targets school employees who engage in inappropriate sexual behavior with current or former students. The bill defines key terms such as "employee" (a person employed by a school), "school" (public or private elementary or secondary schools, kindergarten through 12th grade), and "student" (a person who attended the school while the employee was working there, regardless of the student's current age). The legislation establishes that when a school employee commits sexual misconduct with a student who attended the school during their employment, they will be criminally liable. Critically, the bill stipulates that the student's consent is not a defense, and the student is deemed incapable of consenting even if they were of legal age for sexual activity in other contexts. The bill mandates that a person convicted of this offense must immediately lose their school employment and be prohibited from future school employment. The violation is classified as a Class 3 felony, which typically carries significant legal consequences. This law aims to protect students from sexual exploitation by school employees by creating clear legal boundaries and serious penalties for sexual misconduct.
Committee Categories
Justice
Sponsors (1)
Last Action
Rule 19(a) / Re-referred to Rules Committee (on 03/21/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=2553&GAID=18&DocTypeID=HB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/HB/10400HB2553.htm |
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