[ Back ] [ Bottom ]
91_HB1194enr
HB1194 Enrolled LRB9103697NTsb
1 AN ACT concerning schools, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by changing
5 Section 10-27.1A as follows:
6 (105 ILCS 5/10-27.1A)
7 Sec. 10-27.1A. Reporting Firearms in schools.
8 (a) All school officials, including teachers, guidance
9 counselors, and support staff, shall immediately notify the
10 office of the principal in the event that they observe any
11 person in possession of a firearm on school grounds; provided
12 that taking such immediate action to notify the office of the
13 principal would not immediately endanger the health, safety,
14 or welfare of students who are under the direct supervision
15 of the school official or the school official. If the
16 health, safety, or welfare of students under the direct
17 supervision of the school official or of the school official
18 is immediately endangered, the school official shall notify
19 the office of principal as soon as the students under his or
20 her supervision and he or she are no longer under immediate
21 danger. A report is not required by this Section when the
22 school official knows that the person in possession of the
23 firearm is a law enforcement official engaged in the conduct
24 of his or her official duties. Any school official acting in
25 good faith who makes such a report under this Section shall
26 have immunity from any civil or criminal liability that might
27 otherwise be incurred as a result of making the report. The
28 identity of the school official making such report shall not
29 be disclosed except as expressly and specifically authorized
30 by law. Knowingly and willfully failing to comply with this
31 Section is a petty offense. A second or subsequent offense
HB1194 Enrolled -2- LRB9103697NTsb
1 is a Class C misdemeanor.
2 (b) Upon receiving a report from any school official
3 pursuant to this Section, or from any other person, the
4 principal or his or her designee shall immediately notify a
5 local law enforcement agency. If the person found to be in
6 possession of a firearm on school grounds is a student, the
7 principal or his or her designee shall also immediately
8 notify that student's parent or guardian. Any principal or
9 his or her designee acting in good faith who makes such
10 reports under this Section shall have immunity from any civil
11 or criminal liability that might otherwise be incurred or
12 imposed as a result of making the reports. Knowingly and
13 willfully failing to comply with this Section is a petty
14 offense. A second or subsequent offense is a Class C
15 misdemeanor. If the person found to be in possession of the
16 firearm on school grounds is a minor, the law enforcement
17 agency shall detain that minor until such time as the agency
18 makes a determination pursuant to clause (a) of subsection
19 (1) of Section 5-401 of the Juvenile Court Act of 1987, as to
20 whether the agency reasonably believes that the minor is
21 delinquent. If the law enforcement agency determines that
22 probable cause exists to believe that the minor committed a
23 violation of item (4) of subsection (a) of Section 24-1 of
24 the Criminal Code of 1961 while on school grounds, the agency
25 shall detain the minor for processing pursuant to Section
26 5-407 of the Juvenile Court Act of 1987.
27 (c) On or after January 1, 1997, upon receipt of any
28 written, electronic, or verbal report from any school
29 personnel regarding a verified incident involving a firearm
30 in a school or on school owned or leased property, including
31 any conveyance owned, leased, or used by the school for the
32 transport of students or school personnel, the superintendent
33 or his or her designee shall report all such firearm-related
34 incidents occurring in a school or on school property to the
HB1194 Enrolled -3- LRB9103697NTsb
1 local law enforcement authorities immediately no later than
2 24 hours after the occurrence of the incident and to the
3 Department of State Police in a form, manner, and frequency
4 as prescribed by the Department of State Police.
5 The State Board of Education shall receive an annual
6 statistical compilation and related data associated with
7 incidents involving firearms in schools from the Department
8 of State Police.
9 (d) As used in this Section, the term "firearm" shall
10 have the meaning ascribed to it in Section 1.1 of the Firearm
11 Owners Identification Card Act.
12 As used in this Section, the term "school" means any
13 public or private elementary or secondary school.
14 As used in this Section, the term "school grounds"
15 includes the real property comprising any school, any
16 conveyance owned, leased, or contracted by a school to
17 transport students to or from school or a school-related
18 activity, or any public way within 1,000 feet of the real
19 property comprising any school.
20 (Source: P.A. 89-498, eff. 6-27-96.)
21 Section 10. The Juvenile Court Act of 1987 is amended by
22 adding Section 5-407 as follows:
23 (705 ILCS 405/5-407 new)
24 Sec. 5-407. Processing of juvenile in possession of a
25 firearm.
26 (a) If a law enforcement officer detains a minor
27 pursuant to Section 10-27.1A of the School Code, the officer
28 shall deliver the minor to the nearest juvenile officer, in
29 the manner prescribed by subsection (2) of Section 5-405 of
30 this Act. The juvenile officer shall deliver the minor
31 without unnecessary delay to the court or to the place
32 designated by rule or order of court for the reception of
HB1194 Enrolled -4- LRB9103697NTsb
1 minors. In no event shall the minor be eligible for any
2 other disposition by the juvenile police officer,
3 notwithstanding the provisions of subsection (3) of Section
4 5-405 of this Act.
5 (b) Minors not excluded from this Act's jurisdiction
6 under subsection (3)(a) of Section 5-130 of this Act shall be
7 brought before a judicial officer within 40 hours, exclusive
8 of Saturdays, Sundays, and court-designated holidays, for a
9 detention hearing to determine whether he or she shall be
10 further held in custody. If the court finds that there is
11 probable cause to believe that the minor is a delinquent
12 minor by virtue of his or her violation of item (4) of
13 subsection (a) of Section 24-1 of the Criminal Code of 1961
14 while on school grounds, that finding shall create a
15 presumption that immediate and urgent necessity exists under
16 subdivision (2) of Section 5-501 of this Act. Once the
17 presumption of immediate and urgent necessity has been
18 raised, the burden of demonstrating the lack of immediate and
19 urgent necessity shall be on any party that is opposing
20 detention for the minor. Should the court order detention
21 pursuant to this Section, the minor shall be detained,
22 pending the results of a court-ordered psychological
23 evaluation to determine if the minor is a risk to himself,
24 herself, or others. Upon receipt of the psychological
25 evaluation, the court shall review the determination
26 regarding the existence of urgent and immediate necessity.
27 The court shall consider the psychological evaluation in
28 conjunction with the other factors identified in subdivision
29 (2) of Section 5-501 of this Act in order to make a de novo
30 determination regarding whether it is a matter of immediate
31 and urgent necessity for the protection of the minor or of
32 the person or property of another that the minor be detained
33 or placed in a shelter care facility. In addition to the
34 pre-trial conditions found in Section 5-505 of this Act, the
HB1194 Enrolled -5- LRB9103697NTsb
1 court may order the minor to receive counseling and any other
2 services recommended by the psychological evaluation as a
3 condition for release of the minor.
4 (c) Upon making a determination that the student
5 presents a risk to himself, herself, or others, the court
6 shall issue an order restraining the student from entering
7 the property of the school if he or she has been suspended or
8 expelled from the school as a result of possessing a firearm.
9 The order shall restrain the student from entering the school
10 and school owned or leased property, including any conveyance
11 owned, leased, or contracted by the school to transport
12 students to or from school or a school-related activity. The
13 order shall remain in effect until such time as the court
14 determines that the student no longer presents a risk to
15 himself, herself, or others.
16 (d) Psychological evaluations ordered pursuant to
17 subsection (b) of this Section and statements made by the
18 minor during the course of these evaluations, shall not be
19 admissible on the issue of delinquency during the course of
20 any adjudicatory hearing held under this Act.
21 (e) In this Section:
22 "School" means any public or private elementary or
23 secondary school.
24 "School grounds" includes the real property comprising
25 any school, any conveyance owned, leased, or contracted by a
26 school to transport students to or from school or a
27 school-related activity, or any public way within 1,000 feet
28 of the real property comprising any school.
29 Section 15. The Code of Criminal Procedure of 1963 is
30 amended by changing Sections 110-4 and 110-10 as follows:
31 (725 ILCS 5/110-4) (from Ch. 38, par. 110-4)
32 Sec. 110-4. Bailable Offenses.
HB1194 Enrolled -6- LRB9103697NTsb
1 (a) All persons shall be bailable before conviction,
2 except the following offenses where the proof is evident or
3 the presumption great that the defendant is guilty of the
4 offense: capital offenses; offenses for which a sentence of
5 life imprisonment may be imposed as a consequence of
6 conviction; or felony offenses for which a sentence of
7 imprisonment, without conditional and revocable release,
8 shall be imposed by law as a consequence of conviction, where
9 the court after a hearing, determines that the release of the
10 defendant would pose a real and present threat to the
11 physical safety of any person or persons; or stalking or
12 aggravated stalking, where the court, after a hearing,
13 determines that the release of the defendant would pose a
14 real and present threat to the physical safety of the alleged
15 victim of the offense and denial of bail is necessary to
16 prevent fulfillment of the threat upon which the charge is
17 based; or unlawful use of weapons in violation of item (4) of
18 subsection (a) of Section 24-1 of the Criminal Code of 1961
19 when that offense occurred in a school or in any conveyance
20 owned, leased, or contracted by a school to transport
21 students to or from school or a school-related activity, or
22 on any public way within 1,000 feet of real property
23 comprising any school, where the court, after a hearing,
24 determines that the release of the defendant would pose a
25 real and present threat to the physical safety of any person
26 and denial of bail is necessary to prevent fulfillment of
27 that threat.
28 (b) A person seeking release on bail who is charged with
29 a capital offense or an offense for which a sentence of life
30 imprisonment may be imposed shall not be bailable until a
31 hearing is held wherein such person has the burden of
32 demonstrating that the proof of his guilt is not evident and
33 the presumption is not great.
34 (c) Where it is alleged that bail should be denied to a
HB1194 Enrolled -7- LRB9103697NTsb
1 person upon the grounds that the person presents a real and
2 present threat to the physical safety of any person or
3 persons, the burden of proof of such allegations shall be
4 upon the State.
5 (d) When it is alleged that bail should be denied to a
6 person charged with stalking or aggravated stalking upon the
7 grounds set forth in Section 110-6.3 of this Code, the burden
8 of proof of those allegations shall be upon the State.
9 (Source: P.A. 87-870; 87-871; 88-45.)
10 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
11 Sec. 110-10. Conditions of bail bond.
12 (a) If a person is released prior to conviction, either
13 upon payment of bail security or on his or her own
14 recognizance, the conditions of the bail bond shall be that
15 he or she will:
16 (1) Appear to answer the charge in the court having
17 jurisdiction on a day certain and thereafter as ordered
18 by the court until discharged or final order of the
19 court;
20 (2) Submit himself or herself to the orders and
21 process of the court;
22 (3) Not depart this State without leave of the
23 court;
24 (4) Not violate any criminal statute of any
25 jurisdiction; and
26 (5) At a time and place designated by the court,
27 surrender all firearms in his or her possession to a law
28 enforcement officer designated by the court to take
29 custody of and impound the firearms when the offense the
30 person has been charged with is a forcible felony,
31 stalking, aggravated stalking, domestic battery, any
32 violation of either the Illinois Controlled Substances
33 Act or the Cannabis Control Act that is classified as a
HB1194 Enrolled -8- LRB9103697NTsb
1 Class 2 or greater felony, or any felony violation of
2 Article 24 of the Criminal Code of 1961;. the court may,
3 however, forego the imposition of this condition when the
4 circumstances of the case clearly do not warrant it or
5 when its imposition would be impractical;. all legally
6 possessed firearms shall be returned to the person upon
7 that person completing a sentence for a conviction on a
8 misdemeanor domestic battery, upon the charges being
9 dismissed, or if the person is found not guilty, unless
10 the finding of not guilty is by reason of insanity; and.
11 (6) At a time and place designated by the court,
12 submit to a psychological evaluation when the person has
13 been charged with a violation of item (4) of subsection
14 (a) of Section 24-1 of the Criminal Code of 1961 and that
15 violation occurred in a school or in any conveyance
16 owned, leased, or contracted by a school to transport
17 students to or from school or a school-related activity,
18 or on any public way within 1,000 feet of real property
19 comprising any school.
20 Psychological evaluations ordered pursuant to this
21 Section shall be completed promptly and made available to the
22 State, the defendant, and the court. As a further condition
23 of bail under these circumstances, the court shall order the
24 defendant to refrain from entering upon the property of the
25 school, including any conveyance owned, leased, or contracted
26 by a school to transport students to or from school or a
27 school-related activity, or on any public way within 1,000
28 feet of real property comprising any school. Upon receipt of
29 the psychological evaluation, either the State or the
30 defendant may request a change in the conditions of bail,
31 pursuant to Section 110-6 of this Code. The court may change
32 the conditions of bail to include a requirement that the
33 defendant follow the recommendations of the psychological
34 evaluation, including undergoing psychiatric treatment. The
HB1194 Enrolled -9- LRB9103697NTsb
1 conclusions of the psychological evaluation and any
2 statements elicited from the defendant during its
3 administration are not admissible as evidence of guilt during
4 the course of any trial on the charged offense, unless the
5 defendant places his or her mental competency in issue.
6 (b) The court may impose other conditions, such as the
7 following, if the court finds that such conditions are
8 reasonably necessary to assure the defendant's appearance in
9 court, protect the public from the defendant, or prevent the
10 defendant's unlawful interference with the orderly
11 administration of justice:
12 (1) Report to or appear in person before such
13 person or agency as the court may direct;
14 (2) Refrain from possessing a firearm or other
15 dangerous weapon;
16 (3) Refrain from approaching or communicating with
17 particular persons or classes of persons;
18 (4) Refrain from going to certain described
19 geographical areas or premises;
20 (5) Refrain from engaging in certain activities or
21 indulging in intoxicating liquors or in certain drugs;
22 (6) Undergo treatment for drug addiction or
23 alcoholism;
24 (7) Undergo medical or psychiatric treatment;
25 (8) Work or pursue a course of study or vocational
26 training;
27 (9) Attend or reside in a facility designated by
28 the court;
29 (10) Support his or her dependents;
30 (11) If a minor resides with his or her parents or
31 in a foster home, attend school, attend a non-residential
32 program for youths, and contribute to his or her own
33 support at home or in a foster home;
34 (12) Observe any curfew ordered by the court;
HB1194 Enrolled -10- LRB9103697NTsb
1 (13) Remain in the custody of such designated
2 person or organization agreeing to supervise his release.
3 Such third party custodian shall be responsible for
4 notifying the court if the defendant fails to observe the
5 conditions of release which the custodian has agreed to
6 monitor, and shall be subject to contempt of court for
7 failure so to notify the court;
8 (14) Be placed under direct supervision of the
9 Pretrial Services Agency, Probation Department or Court
10 Services Department in a pretrial bond home supervision
11 capacity with or without the use of an approved
12 electronic monitoring device subject to Article 8A of
13 Chapter V of the Unified Code of Corrections; or
14 (14.1) The court shall impose upon a defendant who
15 is charged with any alcohol, cannabis or controlled
16 substance violation and is placed under direct
17 supervision of the Pretrial Services Agency, Probation
18 Department or Court Services Department in a pretrial
19 bond home supervision capacity with the use of an
20 approved monitoring device, as a condition of such bail
21 bond, a fee not to exceed $5 for each day of such bail
22 supervision ordered by the court, unless after
23 determining the inability of the defendant to pay the
24 fee, the court assesses a lesser fee or no fee as the
25 case may be. The fee shall be collected by the clerk of
26 the circuit court. The clerk of the circuit court shall
27 pay all monies collected from this fee to the county
28 treasurer for deposit in the substance abuse services
29 fund under Section 5-1086.1 of the Counties Code;
30 (14.2) The court shall impose upon all defendants,
31 including those defendants subject to paragraph (14.1)
32 above, placed under direct supervision of the Pretrial
33 Services Agency, Probation Department or Court Services
34 Department in a pretrial bond home supervision capacity
HB1194 Enrolled -11- LRB9103697NTsb
1 with the use of an approved monitoring device, as a
2 condition of such bail bond, a fee which shall represent
3 costs incidental to such electronic monitoring for each
4 day of such bail supervision ordered by the court, unless
5 after determining the inability of the defendant to pay
6 the fee, the court assesses a lesser fee or no fee as the
7 case may be. The fee shall be collected by the clerk of
8 the circuit court. The clerk of the circuit court shall
9 pay all monies collected from this fee to the county
10 treasurer who shall use the monies collected to defray
11 the costs of corrections. The county treasurer shall
12 deposit the fee collected in the county working cash fund
13 under Section 6-27001 or Section 6-29002 of the Counties
14 Code, as the case may be;
15 (15) Comply with the terms and conditions of an
16 order of protection issued by the court under the
17 Illinois Domestic Violence Act of 1986;
18 (16) Under Section 110-6.5 comply with the
19 conditions of the drug testing program; and
20 (17) Such other reasonable conditions as the court
21 may impose.
22 (c) When a person is charged with an offense under
23 Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
24 "Criminal Code of 1961", involving a victim who is a minor
25 under 18 years of age living in the same household with the
26 defendant at the time of the offense, in granting bail or
27 releasing the defendant on his own recognizance, the judge
28 shall impose conditions to restrict the defendant's access to
29 the victim which may include, but are not limited to
30 conditions that he will:
31 1. Vacate the Household.
32 2. Make payment of temporary support to his
33 dependents.
34 3. Refrain from contact or communication with the
HB1194 Enrolled -12- LRB9103697NTsb
1 child victim, except as ordered by the court.
2 (d) When a person is charged with a criminal offense and
3 the victim is a family or household member as defined in
4 Article 112A, conditions shall be imposed at the time of the
5 defendant's release on bond that restrict the defendant's
6 access to the victim. Unless provided otherwise by the court,
7 the restrictions shall include requirements that the
8 defendant do the following:
9 (1) refrain from contact or communication with the
10 victim for a minimum period of 72 hours following the
11 defendant's release; and
12 (2) refrain from entering or remaining at the
13 victim's residence for a minimum period of 72 hours
14 following the defendant's release.
15 (e) Local law enforcement agencies shall develop
16 standardized bond forms for use in cases involving family or
17 household members as defined in Article 112A, including
18 specific conditions of bond as provided in subsection (d).
19 Failure of any law enforcement department to develop or use
20 those forms shall in no way limit the applicability and
21 enforcement of subsections (d) and (f).
22 (f) If the defendant is admitted to bail after
23 conviction the conditions of the bail bond shall be that he
24 will, in addition to the conditions set forth in subsections
25 (a) and (b) hereof:
26 (1) Duly prosecute his appeal;
27 (2) Appear at such time and place as the court may
28 direct;
29 (3) Not depart this State without leave of the
30 court;
31 (4) Comply with such other reasonable conditions as
32 the court may impose; and,
33 (5) If the judgment is affirmed or the cause
34 reversed and remanded for a new trial, forthwith
HB1194 Enrolled -13- LRB9103697NTsb
1 surrender to the officer from whose custody he was
2 bailed.
3 (Source: P.A. 89-235, eff. 8-4-95; 89-428, eff. 12-13-95;
4 89-462, eff. 5-29-96; 90-399, eff. 1-1-98.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.
[ Top ]