AB 341

This bill makes it a Class I felony for a person who works or volunteers at an

elementary school, secondary school, or tribal school to commit sexual misconduct

against a pupil who is enrolled at that school. Under the bill, a school staff member

or volunteer is guilty of sexual misconduct if the school staff member or volunteer

knowingly engaged in sexual misconduct that substantially interfered with a pupil's

academic performance or created an intimidating, hostile, or offensive school

environment. Under the bill, if a law enforcement officer or a county department of

social or human services, the Department of Children and Families in a county of

750,000 or more, or a child welfare agency under contract with DCF receives a report

of alleged sexual misconduct against a pupil, the law enforcement officer, county

department, DCF, or child welfare agency must notify the Department of Public

Instruction of the violation, including the name of the person alleged and the school

district or school at which that person works or volunteers.

Under current law, there are certain offenses for which if a person who is

licensed by DPI is convicted will result in an automatic revocation of that person's

license. Under current law, a person's license may be reinstated after six years for

certain offenses if the person shows, by clear and convincing evidence, that he or she

is entitled to reinstatement. This bill adds certain crimes to the automatic revocation

provision and adds a lifetime bar on reinstatement for certain crimes. Under current

law, a person's license is automatically revoked if he or she is convicted of a Class H

felony or higher that is a crime against life or bodily security or a crime against a

child. This bill adds that a person's license is automatically revoked if he or she is

convicted of certain crimes against children that are Class I felonies, including

sexual misconduct, certain crimes against privacy, and theft of property from a

school. Under the bill, a person's license may not be reinstated if the person is

convicted of a crime against a child that is a Class H felony or higher, sexual

misconduct against a pupil, and certain crimes against privacy.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report.