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91_HB2761
LRB9105372KSgc
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 12-7.2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 12-7.2 as follows:
7 (720 ILCS 5/12-7.2) (from Ch. 38, par. 12-7.2)
8 Sec. 12-7.2. Educational intimidation. (a) A person
9 commits educational intimidation when he or she knowingly
10 interferes with the right of any child who is or is believed
11 to be afflicted with a chronic infectious disease to attend
12 or participate in the activities of an elementary or
13 secondary school in this State:
14 (1) by actual or threatened physical harm to the person
15 or property of the child or the child's family; or
16 (2) by impeding or obstructing the child's right of
17 ingress to, egress from, or freedom of movement at school
18 facilities or activities; or
19 (3) by exposing or threatening to expose the child, or
20 the family or friends of the child, to public hatred,
21 contempt or ridicule.
22 (b) Subsection (a) does not apply to the actions of
23 school officials or the school's infectious disease review
24 team who are acting within the course of their professional
25 duties and in accordance with applicable law.
26 (c) Educational intimidation is a Class C misdemeanor,
27 except that a second or subsequent offense shall be a Class A
28 misdemeanor.
29 (d) Independent of any criminal prosecution or the
30 result thereof, any person suffering injury to his person or
31 damage to his property as a result of educational
-2- LRB9105372KSgc
1 intimidation may bring a civil action for damages, injunction
2 or other appropriate relief. The court may award actual
3 damages, including damages for emotional distress, or
4 punitive damages. A judgment may include attorney's fees and
5 costs. The parents or legal guardians of an unemancipated
6 minor, other than guardians appointed pursuant to the
7 Juvenile Court Act or the Juvenile Court Act of 1987, shall
8 be liable for the amount of any judgment for actual damages
9 awarded against such minor under this subsection (d) in any
10 amount not exceeding the amount provided under Section of the
11 Parental Responsibility Law.
12 (Source: P.A. 86-890.)