Sen. Sally Turner

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".

Amends the General Assembly Article of the Illinois Pension Code. Restricts participation in the General Assembly Retirement System to persons who became participants before the effective date of the amendatory Act and provides that, beginning on that date, the System shall not accept any new participants. Makes related changes. Effective immediately.

Amends the Educator Licensure Article of the School Code. In provisions concerning Substitute Teaching Licenses, requires an applicant who is enrolled in an approved educator preparation program to have either earned at least 75 credit hours or completed 3 semesters in an educator preparation program (rather than requiring the applicant to have earned at least 90 credit hours). Provides that a school district may not require an individual who retired within the last 5 years while holding a valid Professional Educator License or Educator License with Stipulations to seek or hold a Substitute Teaching License to teach as a substitute teacher if substitute teaching for no more than one year. Provides that a retired educator may not be charged an application fee for a Substitute Teaching License if certain conditions are met.

Maddy summarySB 261 reenacts and makes permanent Illinois' Invest in Kids Act, which provides tax credits to Illinois taxpayers who contribute to scholarship granting organizations (SGOs). The bill directly affects Illinois taxpayers who make qualified contributions to SGOs, allowing them to claim a tax credit equal to their contribution. These contributions fund scholarships for eligible students from households with incomes up to 300% of the federal poverty level (rising to 400% after receiving a scholarship), who attend qualified non-public schools in Illinois. The legislation amends the Illinois Income Tax Act to make these tax credit provisions permanent, replacing a temporary program set to expire in 2025.

Amends the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois. Provides that, notwithstanding any other provision of law or rule of the Department of Natural Resources to the contrary, a State authorized veterans' organization seeking to hold a memorial service at a State Memorial Site shall not pay a fee and shall not be required to obtain liability insurance if the permit to hold such service is approved by the Department of Natural Resources. Provides that the Department of Natural Resources shall be provided a list of State authorized veterans' organizations by the Department of Veterans' Affairs. Defines "State authorized veterans' organization".

Amends the Wildlife Code. In provisions regarding special deer, turkey, and combination hunting licenses, provides that the deer, turkey, or combination hunting permit issued without fee shall be valid on all farm lands year-round which the person to whom it is issued owns, leases, or rents, with other requirements. Provides that resident landowners shall be entitled to up to 5 resident deer archery either-sex permits and up to 5 resident deer either-sex firearm permits without charge.

Amends the Wildlife Code. Allows owners residing on, or bona fide tenants of, farm lands and their children, parents, brothers, and sisters actually permanently residing on their lands to have the right to hunt any of the species protected by certain provisions upon their lands and waters without procuring hunting licenses year-round (rather than only during periods of time).

Amends the School Code. Provides that out-of-school suspensions and expulsions should only be used when the student's presence poses a threat to the operation of the school, poses a threat to the health or safety of students or school personnel, or causes a disruption to other students' learning opportunities. Provides that to ensure that students are not excluded from school unnecessarily, it is recommended that school officials consider implementing proactive evidence-based interventions that improve behavioral outcomes for all students. Provides that out-of-school suspensions of 3 days or less may be used only if the student's conduct poses a threat to the operation of the school, poses a threat to the health or safety of students or school personnel, or causes (rather than the student's continuing presence in school would pose a threat to school safety or) a disruption to other students' learning opportunities. Provides that the school board shall be solely responsible for determining, on a case-by-case basis, whether the student's conduct poses a threat to the operation of the school, poses a threat to the health or safety of students or school personnel, or causes a disruption to other students' learning opportunities. Provides that out-of-school suspensions of longer than 3 days, expulsions, and disciplinary removals to alternative schools may be used only if other appropriate and available behavioral and disciplinary interventions have been attempted (rather than exhausted) and the student's conduct poses a threat to the school, poses a threat to the health or safety of students or school personnel, or causes a disruption to other students' learning opportunities (rather than the student's continuing presence in school would either (i) pose a threat to the safety of other students, staff, or members of the school community or (ii) substantially disrupt, impede, or interfere with the operation of the school). Makes conforming changes.

Amends the Code of Criminal Procedure of 1963. Provides that, notwithstanding any other provision of the denial of pretrial release statute to the contrary, a non-citizen of the United States who entered the United States without a legal visa issued by the United States Department of State and who has been charged in the State with an offense for which pretrial detention may be ordered by the court and, at the time of the commission of the offense, did not have a legal visa is not eligible for pretrial release and must be held in pretrial detention pending trial.

Amends the Higher Education Student Assistance Act. Provides that an institution of higher learning that participates in the Monetary Award Program may not release the personally identifiable information of any of its students for voter registration activities unless the student gives consent in writing.