HB 4241

Abstract

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 the sex offense of abuse by an educator or authority figure under the definition of "sex or other offense". Amends the Sex Offenses Article of Criminal Code of 2012. Provides that a person commits abuse by an educator or authority figure if that person holds a position of trust, authority, or supervision in relation to a student in a school, the student is at least 18 years of age, the person is at least 4 years older than the student, 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. House Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill. In the amendatory changes to the Criminal Code of 2012: (1) changes definitions of "authority figure", "educator", and "school"; (2) adds a definition of "student"; (3) changes the elements of the offense of abuse by an educator or authority figure to provide that the person is at least 4 years older than the student; (3) deletes consent of the victim is not a defense to abuse by an educator or authority figure; and (4) provides that a person commits abuse by an educator or authority figure if that person is an educator or authority figure at the school (rather than holds a position of trust, authority, or supervision in relation to a student in a school), the student is at least 18 years of age and is enrolled or was previously enrolled in the school within the past year, the person is at least 4 years older than the student, and the person either: (i) commits an act of sexual conduct with the student; or (ii) commits an act of sexual penetration with the student. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the bill, as amended by House Committee Amendment No. 1, with the following the changes. In the amendatory changes to the Criminal Code of 2012: (1) makes further changes to the definitions of "authority figure", "educator", "school", and “student”; and (2) provides that a person commits abuse by an educator or authority figure 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 (instead of is at least 18 years of age and is enrolled or was previously enrolled in the school within the past year), 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: (i) commits an act of sexual conduct with the student; or (ii) commits an act of sexual penetration with the student.