Sen. William R. Haine
Filed: 3/1/2010
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 3376 




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    AMENDMENT NO. ______. Amend Senate Bill 3376 by replacing 
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everything after the enacting clause with the following:


 
 
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    "Section 5. The School Code is amended  by changing Section 
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21-23a as follows:
 



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    (105 ILCS 5/21-23a)  (from Ch. 122, par. 21-23a)



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    Sec. 21-23a. Conviction of certain offenses as grounds for 
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revocation
of certificate.
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    (a) Whenever the holder of any certificate issued pursuant

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to this Article has been convicted of any sex offense or 
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narcotics offense
as defined in this Section, the State

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Superintendent
of Education shall forthwith suspend the 
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certificate.  If the conviction
is reversed and the holder is 
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acquitted of the offense in a new trial or
the charges against 
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him are dismissed, the suspending authority shall forthwith

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terminate the suspension of the certificate.  When the 
 


 






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conviction becomes
final, the State Superintendent of 
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Education shall forthwith revoke the
certificate.  
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    "Sex offense" as used in this Section means any one or more

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of the following offenses: (1) any offense defined in Sections 
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11-6 and
11-9 through 11-9.5, inclusive, Sections 11-14 through 
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11-21, inclusive, Sections 11-23 (if punished as a Class 3 
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felony), 11-24, 11-25, and 11-26, and Sections 12-4.9,
12-13, 
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12-14,
12-14.1,
12-15, 12-16, 12-32, and 12-33 of the Criminal 
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Code of 1961; (2) any
attempt to commit any of the foregoing 
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offenses, and (3) any offense committed
or attempted in any 
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other state which, if committed or attempted in this
State, 
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would have been punishable as one or more of the foregoing

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offenses.  
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    "Narcotics offense" as used in this Section
means any one 
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or more of the following offenses:  (1) any offense defined
in 
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the Cannabis Control Act, except those defined in Sections 
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4(a), 4(b)
and 5(a) of that Act and any offense for which the 
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holder of any certificate
is placed on probation under the 
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provisions of Section 10 of that Act and fulfills the terms and 
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conditions of probation as required by the court , provided that 
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if the terms and conditions of probation required by the court 
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are not fulfilled, the offense is not eligible for this 
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exception; (2) any offense defined in the Illinois Controlled

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Substances Act, except any offense for which the holder of any 
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certificate
is placed on probation under the provisions of 
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Section 410 of that Act and fulfills the terms and conditions 
 


 






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of probation as required by the court , provided that if the 
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terms and conditions of probation required by the court are not 
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fulfilled, the offense is not eligible for this exception; (3) 
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any offense defined in the Methamphetamine Control and 
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Community Protection Act, except any offense for which the 
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holder of any certificate is placed on probation under the 
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provision of Section 70 of that Act and fulfills the terms and 
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conditions of probation as required by the court , provided that 
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if the terms and conditions of probation required by the court 
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are not fulfilled, the offense is not eligible for this 
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exception; (4) any attempt to commit any of the foregoing 
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offenses; and (5)

any offense committed or attempted in any 
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other state or against the laws
of the United States which, if 
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committed or attempted in this State, would
have been 
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punishable as one or more of the foregoing offenses. The 
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changes made by this amendatory Act of the 96th General 
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Assembly to the definition of "narcotics offense" in this 
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subsection (a) are declaratory of existing law. 

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    (b) Whenever the holder of a certificate issued pursuant to 
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this Article
has been convicted of first degree murder, 
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attempted first degree murder, conspiracy to commit first 
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degree murder, attempted conspiracy to commit first degree 
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murder, or a
Class X felony or any offense committed or 
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attempted in any other state or against the laws of the United 
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States that, if committed or attempted in this State, would 
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have been punishable as one or more of the foregoing offenses, 
 


 






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the State Superintendent of
Education shall forthwith suspend 
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the certificate.  If the conviction is
reversed and the holder 
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is acquitted of that offense in a new trial or the
charges that 
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he or she committed that offense are dismissed, the State 
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Superintendent of Education shall forthwith terminate the 
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suspension of the certificate.  When
the conviction becomes 
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final, the State Superintendent of Education shall
forthwith 
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revoke the certificate.

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(Source: P.A. 96-431, eff. 8-13-09.)

 
 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.".