Bill
HB 2553
Criminalizes sexual misconduct by a school employee with students who attended the school while employed, with limited defenses and an immediate school employment ban upon convicti
Note on sources
- The package provided contains two different bills both labeled “HB 2553” (one from Arizona establishing an Independent Corrections Ombudsman; one from Illinois creating a new criminal offense). This summary focuses on the Illinois measure titled “Sexual misconduct with a student” (720 ILCS 5/11‑9.2‑3), which matches the subject line “CRIM CD‑SEXUAL REL‑STUDENTS.”
Bill at a glance
- Citation added: 720 ILCS 5/11‑9.2‑3 (new)
- Short title / subject: Creates the offense of sexual misconduct with a student
- Introduced: Feb 4, 2025 (Rep. Joyce Mason)
- Latest procedural status (in provided record): Referred / re‑referred to Rules Committee (Rule 19(a)), March 21, 2025
- Companion: SB 1913
Purpose / intent
- To criminalize sexual misconduct by school employees toward students who attended the school while the employee was employed there, make consent irrelevant as a defense in most cases, and to remove convicted employees from school employment permanently.
Key provisions
- New offense: “Sexual misconduct with a student” (Class 3 felony).
- A person commits the offense if they are or were a school employee and engage in “sexual misconduct” with a student who attended that school while the employee was employed there.
- Definitions:
- “Employee” — person employed by a school.
- “School” — public or private elementary or secondary school, or any school operating K–12.
- “Student” — any person who attended the school while the employee was employed there, regardless of the student’s age at time of the offense.
- “Sexual misconduct” — defined by reference to the School Code (subsection (c) of §22‑85.5), and as summarized in the bill synopsis includes verbal, nonverbal, written, electronic communications or physical activity by an employee with direct contact with a student intended to establish a romantic or sexual relationship.
- Consent and incapacity:
- Except in limited circumstances, a student is deemed incapable of consent for purposes of this statute; the student’s consent is not a defense.
- It is not a defense that the student was otherwise old enough to consent to sexual conduct under other statutes.
- Employment consequences:
- Conviction requires immediate forfeiture of employment with a school and bars subsequent employment at any school.
- Exemptions / defenses:
- Lawful marriage exemption if the marriage predated the student’s attendance at the school.
- A defense if the employee had no knowledge, and no reason to believe, that the other person was a student at the school.
Penalties
- Classified as a Class 3 felony under Illinois law (see sentencing ranges under state law for Class 3 felonies).
Who is affected
- School employees (current or former) at public, private, and charter K–12 schools.
- Persons who were students at the same school while the employee was employed there — includes adult former students.
- School districts, charter operators, and private schools (employment and hiring/termination practices).
- Criminal justice and licensing systems (prosecution, background checks, employment bars).
Procedural / timeline notes
- Introduced Feb 4, 2025 by Rep. Joyce Mason (per the Illinois section).
- Referred to Rules Committee and Judiciary/Criminal in committee referrals; record shows re‑referral under Rule 19(a) on March 21, 2025.
- Companion measure SB 1913 exists (track for parallel action in the Senate).
Potential impacts and issues to consider
- Strengthens criminal accountability and creates a strict liability-like rule regarding consent where the employee/student relationship existed while employment overlapped.
- Broad definition of “student” captures relationships with former students who attended during the employee’s tenure; may raise questions about the statute’s temporal reach and evidentiary issues.
- Employment bar and immediate forfeiture increase regulatory and administrative consequences beyond criminal sanction.
- Implementation will involve coordination with school hiring, mandatory reporting protocols, and criminal investigations; defenses (marriage, lack of knowledge) will be litigated in contested cases.
If you want, I can:
- Draft a one‑page explainer for school districts outlining compliance and personnel steps; or
- Compare this bill to existing Illinois statutes on abuse of authority or comparable offenses in other states.
Compiled from official sources — confirm details with the bill’s official record.
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