New laws for 2012...
From Officer Gilbert
New laws for 2012…
Criminal Trespass to a Safe School Zone
Effective January 1, 2012, it is a Class A misdemeanor to:
• knowingly enter or remain
• in a safe school zone
• without lawful business
• when the offender:
as a student or employee, who has been suspended, expelled, or dismissed for disrupting the orderly operation of the school, and as a condition of the suspension or dismissal, has been denied access to the safe school zone for the period of the suspension or in the case of dismissal for a period not to exceed the term of expulsion, and has been served in person or by registered or certified mail, at the last address given by that person, with a written notice of the suspension or dismissal and condition; or
once being served either in person or by registered or certified mail that his/her presence has been withdrawn by the school administrator, or his/her designee, and whose presence or acts interfere with, or whenever there is reasonable suspicion to believe, such person will disrupt the orderly operation, or the safety, or peaceful conduct of the school or school activities. (720 ILCS 5/21-5.5(b))
Statutory Definitions
Employee. The term employee means “a person employed by a school whose relationship with that agency constitutes an employer-employee relationship under the usual common law rules, and who is not an independent contractor.” The term includes, but is not limited to, a teacher, student teacher, aide, secretary, custodial engineer, coach, or his/her designee.
School Administrator. The term school administrator means “the school’s principal, or his[/]her designee.”
Safe School Zone. The term safe school zone means “an area that encompasses any of the following places during regular school hours or within 60 minutes before or after the school day or 60 minutes before or after a school-sponsored activity”:
• any school property, ground, or street, sidewalk, or public way immediately adjacent to any school property or ground and
• any public right-of-way situated immediately adjacent to school property.
The term does not include “any portion of the highway not actually on school property.”
School Activity. The term school activity means and includes “any school session, any extracurricular activity or event sponsored by or participated in by the school, and the 60-minute periods immediately preceding and following any session, activity, or event.”
Student. The term student means “any person enrolled or previously enrolled in a school.” (720 ILCS 5/21-5.5(a))
False Personation
Assumed Character/False Capacity
Effective January 1, 2012, it is a Class A misdemeanor to knowingly and falsely represent oneself to be:
another actual person and perform an act as that person with intent to intimidate, threaten, injure, defraud, or to obtain benefit from another or
a representative of an actual person or organization and perform an act in that capacity with intent to obtain a benefit or to injure or defraud another. (720 ILCS 5/17-2(a-7,d))
Crime Committed by Any Means of Communication
Effective January 1, 2012, any “false personation” violation (under 720 ILCS 5/17-2) “may be accomplished in person or by any means of communication including but not limited to the use of an Internet [web site] or any form of electronic communication.” (720 ILCS 5/17-2(e)),
Seat Belts – Enforcement
Effective January 1, 2012, “[e]ach driver and passenger of a motor vehicle operated on a street or highway in this State shall wear a properly adjusted and fastened seat safety belt.” (625 ILCS 5/12-603.1(a))
Exceptions. The seat belt requirement does not apply to any of the following:
a driver or passenger frequently stopping and leaving the vehicle or delivering property from the vehicle, if the speed of the vehicle between stops does not exceed 15 miles per hour;
a driver or passenger possessing a written statement from a physician that he/she is unable, for medical or physical reasons, to wear a seat safety belt;
a driver or passenger possessing an official certificate or license endorsement issued by the appropriate agency in another state or country indicating that he/she is unable for medical, physical, or other valid reasons to wear a seat safety belt;
a driver operating a motor vehicle in reverse;
a motor vehicle with a model year prior to 1965;
• a motorcycle or motor driven cycle;
• a moped;
• a motor vehicle that is not required to be equipped with seat safety belts under federal law;
• a motor vehicle operated by a rural letter carrier of the U.S. postal service while performing duties as a rural letter carrier;
• effective January 1, 2012, a driver or passenger of an authorized emergency vehicle;
• effective January 1, 2012, a back seat passenger of a taxicab. (625 ILCS 5/12-603.1)
