HB 3797

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Full Text of HB3797
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	HB3797 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3797
Introduced 2/18/2025, by Rep. Curtis J. Tarver, II
SYNOPSIS AS INTRODUCED:
105 ILCS 5/21B-80
Amends the Educator Licensure Article of the School Code. Requires the State Board of Education to create a system for the automatic suspension of a license if the holder of that license has been convicted of a crime under the Sex Offenses Article of the Criminal Code of 2012 or a crime that requires registration under the Sex Offender Registration Act.
LRB104 10530 LNS 20605 b
A BILL FOR
		HB3797		LRB104 10530 LNS 20605 b
1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by changing Section
521B-80 as follows:
6    (105 ILCS 5/21B-80)
7    Sec. 21B-80. Conviction of certain offenses as grounds for
8disqualification for licensure or suspension or revocation of
9a license.
10    (a) As used in this Section:
11    "Drug offense" means any one or more of the following
12offenses:
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
		HB3797	- 2 -	LRB104 10530 LNS 20605 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.
20The changes made by Public Act 96-431 to this definition are
21declaratory of existing law.
22    "Sentence" includes any period of supervised release or
23probation that was imposed either alone or in combination with
24a period of incarceration.
25    "Sex or other offense" means any one or more of the
26following offenses:
		HB3797	- 3 -	LRB104 10530 LNS 20605 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 11-9.5, inclusive, and 11-30 (if punished as
4    a Class 4 felony) of the Criminal Code of 1961 or the
5    Criminal Code of 2012; Sections 11-14.1 through 11-21,
6    inclusive, of the Criminal Code of 1961 or the Criminal
7    Code of 2012; Sections 11-23 (if punished as a Class 3
8    felony), 11-24, 11-25, and 11-26 of the Criminal Code of
9    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
25this Article or applicant for a license to be issued pursuant
26to this Article has been convicted of any drug offense, other
		HB3797	- 4 -	LRB104 10530 LNS 20605 b
1than as provided in subsection (c) of this Section, the State
2Superintendent of Education shall forthwith suspend the
3license or deny the application, whichever is applicable,
4until 7 years following the end of the sentence for the
5criminal offense. If the conviction is reversed and the holder
6is acquitted of the offense in a new trial or the charges
7against him or her are dismissed, the State Superintendent of
8Education shall forthwith terminate the suspension of the
9license.
10    (b-5) Whenever the holder of a license issued pursuant to
11this Article or applicant for a license to be issued pursuant
12to this Article has been charged with attempting to commit,
13conspiring to commit, soliciting, or committing any sex or
14other offense, as enumerated under item (A) of subsection (a),
15first degree murder, or a Class X felony or any offense
16committed or attempted in any other state or against the laws
17of the United States that, if committed or attempted in this
18State, would have been punishable as one or more of the
19foregoing offenses, the State Superintendent of Education
20shall immediately suspend the license or deny the application
21until the person's criminal charges are adjudicated through a
22court of competent jurisdiction. If the person is acquitted,
23his or her license or application shall be immediately
24reinstated.
25    (c) Whenever the holder of a license issued pursuant to
26this Article or applicant for a license to be issued pursuant
		HB3797	- 5 -	LRB104 10530 LNS 20605 b
1to this Article has been convicted of attempting to commit,
2conspiring to commit, soliciting, or committing any sex or
3other offense, as enumerated under item (A) of subsection (a),
4first degree murder, or a Class X felony or any offense
5committed or attempted in any other state or against the laws
6of the United States that, if committed or attempted in this
7State, would have been punishable as one or more of the
8foregoing offenses, the State Superintendent of Education
9shall forthwith suspend the license or deny the application,
10whichever is applicable. If the conviction is reversed and the
11holder is acquitted of that offense in a new trial or the
12charges that he or she committed that offense are dismissed,
13the State Superintendent of Education shall forthwith
14terminate the suspension of the license. When the conviction
15becomes final, the State Superintendent of Education shall
16forthwith revoke the license.
17    (d) The State Board of Education shall create a system for 
18the automatic suspension of a license issued pursuant to this 
19Article if the holder of that license has been convicted of a 
20crime under Article 11 of the Criminal Code of 2012 or a crime 
21that requires registration under the Sex Offender Registration 
22Act.
23(Source: P.A. 101-531, eff. 8-23-19; 102-552, eff. 1-1-22.)