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Full Text of SB3453
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SB3453 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3453
Introduced 2/5/2026, by Sen. Terri Bryant
SYNOPSIS AS INTRODUCED:
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 19174 LNS 32619 b
A BILL FOR
SB3453
LRB104 19174 LNS 32619 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
SB3453
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LRB104 19174 LNS 32619 b
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:
SB3453
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LRB104 19174 LNS 32619 b
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
SB3453
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LRB104 19174 LNS 32619 b
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
SB3453
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LRB104 19174 LNS 32619 b
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
SB3453
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LRB104 19174 LNS 32619 b
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
SB3453
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LRB104 19174 LNS 32619 b
1
(2) commits an act of sexual penetration with the
2
student.
3
(c) Abuse by an educator or authority figure involving
4
sexual conduct is a Class A misdemeanor for the first offense
5
and a Class 4 felony for a second or subsequent offense or if
6
there is more than one victim.
7
(d) Abuse by an educator or authority figure involving
8
sexual penetration is a Class 4 felony for the first offense
9
and a Class 3 felony for a second or subsequent offense or if
10
there is more than one victim.
11
(e) Consent of the victim is not a defense to abuse by an
12
educator or authority figure.
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