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91_SB0756eng
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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 the principal as soon as the students under his
20 or her supervision and he or she are no longer under
21 immediate danger. A report is not required by this Section
22 when the school official knows that the person in possession
23 of the firearm is a law enforcement official engaged in the
24 conduct of his or her official duties. Any school official
25 acting in good faith who makes such a report under this
26 Section shall have immunity from any civil or criminal
27 liability that might otherwise be incurred as a result of
28 making the report. The identity of the school official
29 making such report shall not be disclosed except as expressly
30 and specifically authorized by law. Knowingly and willfully
31 failing to comply with this Section is a petty offense. A
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1 second or subsequent offense 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
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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
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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 operate as a
15 determination of urgent and immediate necessity under
16 subdivision (2) of Section 5-501 of this Act and the minor
17 shall be detained, pending the results of a court-ordered
18 psychological evaluation to determine if the minor is a risk
19 to himself, herself, or others. Upon receipt of the
20 psychological evaluation, the court shall review the
21 determination regarding the existence of urgent and
22 immediate necessity. The court shall consider the
23 psychological evaluation in conjunction with the other
24 factors identified in subdivision (2) of Section 5-501 of
25 this Act in order to make a de novo determination regarding
26 whether it is a matter of immediate and urgent necessity for
27 the protection of the minor or of the person or property of
28 another that the minor be detained or placed in a shelter
29 care facility. In addition to the pre-trial conditions found
30 in Section 5-505 of this Act, the court may order the minor
31 to receive counseling and any other services recommended by
32 the psychological evaluation as a condition for release of
33 the minor.
34 (c) Upon making a determination that the student
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1 presents a risk to himself, herself, or others, the court
2 shall issue an order restraining the student from entering
3 the property of the school if he or she has been suspended or
4 expelled from the school as a result of possessing a firearm.
5 The order shall restrain the student from entering the school
6 and school owned or leased property, including any conveyance
7 owned, leased, or contracted by the school to transport
8 students to or from school or a school-related activity. The
9 order shall remain in effect until such time as the court
10 determines that the student no longer presents a risk to
11 himself, herself, or others.
12 (d) Psychological evaluations ordered pursuant to
13 subsection (b) of this Section and statements made by the
14 minor during the course of these evaluations shall not be
15 admissible on the issue of delinquency during the course of
16 any adjudicatory hearing held under this Act.
17 (e) In this Section:
18 "School" means any public or private elementary or
19 secondary school.
20 "School grounds" includes the real property comprising
21 any school, any conveyance owned, leased, or contracted by a
22 school to transport students to or from school or a
23 school-related activity, or any public way within 1,000 feet
24 of the real property comprising any school.
25 Section 15. The Code of Criminal Procedure of 1963 is
26 amended by changing Sections 110-4 and 110-10 as follows:
27 (725 ILCS 5/110-4) (from Ch. 38, par. 110-4)
28 Sec. 110-4. Bailable Offenses.
29 (a) All persons shall be bailable before conviction,
30 except the following offenses where the proof is evident or
31 the presumption great that the defendant is guilty of the
32 offense: capital offenses; offenses for which a sentence of
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1 life imprisonment may be imposed as a consequence of
2 conviction; or felony offenses for which a sentence of
3 imprisonment, without conditional and revocable release,
4 shall be imposed by law as a consequence of conviction, where
5 the court after a hearing, determines that the release of the
6 defendant would pose a real and present threat to the
7 physical safety of any person or persons; or stalking or
8 aggravated stalking, where the court, after a hearing,
9 determines that the release of the defendant would pose a
10 real and present threat to the physical safety of the alleged
11 victim of the offense and denial of bail is necessary to
12 prevent fulfillment of the threat upon which the charge is
13 based; or unlawful use of weapons in violation of item (4) of
14 subsection (a) of Section 24-1 of the Criminal Code of 1961
15 when that offense 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, or
18 on any public way within 1,000 feet of real property
19 comprising any school, where the court, after a hearing,
20 determines that the release of the defendant would pose a
21 real and present threat to the physical safety of any person
22 and denial of bail is necessary to prevent fulfillment of
23 that threat.
24 (b) A person seeking release on bail who is charged with
25 a capital offense or an offense for which a sentence of life
26 imprisonment may be imposed shall not be bailable until a
27 hearing is held wherein such person has the burden of
28 demonstrating that the proof of his guilt is not evident and
29 the presumption is not great.
30 (c) Where it is alleged that bail should be denied to a
31 person upon the grounds that the person presents a real and
32 present threat to the physical safety of any person or
33 persons, the burden of proof of such allegations shall be
34 upon the State.
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1 (d) When it is alleged that bail should be denied to a
2 person charged with stalking or aggravated stalking upon the
3 grounds set forth in Section 110-6.3 of this Code, the burden
4 of proof of those allegations shall be upon the State.
5 (Source: P.A. 87-870; 87-871; 88-45.)
6 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
7 Sec. 110-10. Conditions of bail bond.
8 (a) If a person is released prior to conviction, either
9 upon payment of bail security or on his or her own
10 recognizance, the conditions of the bail bond shall be that
11 he or she will:
12 (1) Appear to answer the charge in the court having
13 jurisdiction on a day certain and thereafter as ordered
14 by the court until discharged or final order of the
15 court;
16 (2) Submit himself or herself to the orders and
17 process of the court;
18 (3) Not depart this State without leave of the
19 court;
20 (4) Not violate any criminal statute of any
21 jurisdiction; and
22 (5) At a time and place designated by the court,
23 surrender all firearms in his or her possession to a law
24 enforcement officer designated by the court to take
25 custody of and impound the firearms when the offense the
26 person has been charged with is a forcible felony,
27 stalking, aggravated stalking, domestic battery, any
28 violation of either the Illinois Controlled Substances
29 Act or the Cannabis Control Act that is classified as a
30 Class 2 or greater felony, or any felony violation of
31 Article 24 of the Criminal Code of 1961;. the court may,
32 however, forego the imposition of this condition when the
33 circumstances of the case clearly do not warrant it or
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1 when its imposition would be impractical;. all legally
2 possessed firearms shall be returned to the person upon
3 that person completing a sentence for a conviction on a
4 misdemeanor domestic battery, upon the charges being
5 dismissed, or if the person is found not guilty, unless
6 the finding of not guilty is by reason of insanity; and.
7 (6) At a time and place designated by the court,
8 submit to a psychological evaluation when the person has
9 been charged with a violation of item (4) of subsection
10 (a) of Section 24-1 of the Criminal Code of 1961 and that
11 violation occurred in a school or in any conveyance
12 owned, leased, or contracted by a school to transport
13 students to or from school or a school-related activity,
14 or on any public way within 1,000 feet of real property
15 comprising any school.
16 Psychological evaluations ordered pursuant to this
17 Section shall be completed promptly and made available to the
18 State, the defendant, and the court. As a further condition
19 of bail under these circumstances, the court shall order the
20 defendant to refrain from entering upon the property of the
21 school, including any conveyance owned, leased, or contracted
22 by a school to transport students to or from school or a
23 school-related activity, or on any public way within 1,000
24 feet of real property comprising any school. Upon receipt of
25 the psychological evaluation, either the State or the
26 defendant may request a change in the conditions of bail,
27 pursuant to Section 110-6 of this Code. The court may change
28 the conditions of bail to include a requirement that the
29 defendant follow the recommendations of the psychological
30 evaluation, including undergoing psychiatric treatment. The
31 conclusions of the psychological evaluation and any
32 statements elicited from the defendant during its
33 administration are not admissible as evidence of guilt during
34 the course of any trial on the charged offense, unless the
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1 defendant places his or her mental competency in issue.
2 (b) The court may impose other conditions, such as the
3 following, if the court finds that such conditions are
4 reasonably necessary to assure the defendant's appearance in
5 court, protect the public from the defendant, or prevent the
6 defendant's unlawful interference with the orderly
7 administration of justice:
8 (1) Report to or appear in person before such
9 person or agency as the court may direct;
10 (2) Refrain from possessing a firearm or other
11 dangerous weapon;
12 (3) Refrain from approaching or communicating with
13 particular persons or classes of persons;
14 (4) Refrain from going to certain described
15 geographical areas or premises;
16 (5) Refrain from engaging in certain activities or
17 indulging in intoxicating liquors or in certain drugs;
18 (6) Undergo treatment for drug addiction or
19 alcoholism;
20 (7) Undergo medical or psychiatric treatment;
21 (8) Work or pursue a course of study or vocational
22 training;
23 (9) Attend or reside in a facility designated by
24 the court;
25 (10) Support his or her dependents;
26 (11) If a minor resides with his or her parents or
27 in a foster home, attend school, attend a non-residential
28 program for youths, and contribute to his or her own
29 support at home or in a foster home;
30 (12) Observe any curfew ordered by the court;
31 (13) Remain in the custody of such designated
32 person or organization agreeing to supervise his release.
33 Such third party custodian shall be responsible for
34 notifying the court if the defendant fails to observe the
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1 conditions of release which the custodian has agreed to
2 monitor, and shall be subject to contempt of court for
3 failure so to notify the court;
4 (14) Be placed under direct supervision of the
5 Pretrial Services Agency, Probation Department or Court
6 Services Department in a pretrial bond home supervision
7 capacity with or without the use of an approved
8 electronic monitoring device subject to Article 8A of
9 Chapter V of the Unified Code of Corrections; or
10 (14.1) The court shall impose upon a defendant who
11 is charged with any alcohol, cannabis or controlled
12 substance violation and is placed under direct
13 supervision of the Pretrial Services Agency, Probation
14 Department or Court Services Department in a pretrial
15 bond home supervision capacity with the use of an
16 approved monitoring device, as a condition of such bail
17 bond, a fee not to exceed $5 for each day of such bail
18 supervision ordered by the court, unless after
19 determining the inability of the defendant to pay the
20 fee, the court assesses a lesser fee or no fee as the
21 case may be. The fee shall be collected by the clerk of
22 the circuit court. The clerk of the circuit court shall
23 pay all monies collected from this fee to the county
24 treasurer for deposit in the substance abuse services
25 fund under Section 5-1086.1 of the Counties Code;
26 (14.2) The court shall impose upon all defendants,
27 including those defendants subject to paragraph (14.1)
28 above, placed under direct supervision of the Pretrial
29 Services Agency, Probation Department or Court Services
30 Department in a pretrial bond home supervision capacity
31 with the use of an approved monitoring device, as a
32 condition of such bail bond, a fee which shall represent
33 costs incidental to such electronic monitoring for each
34 day of such bail supervision ordered by the court, unless
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1 after determining the inability of the defendant to pay
2 the fee, the court assesses a lesser fee or no fee as the
3 case may be. The fee shall be collected by the clerk of
4 the circuit court. The clerk of the circuit court shall
5 pay all monies collected from this fee to the county
6 treasurer who shall use the monies collected to defray
7 the costs of corrections. The county treasurer shall
8 deposit the fee collected in the county working cash fund
9 under Section 6-27001 or Section 6-29002 of the Counties
10 Code, as the case may be;
11 (15) Comply with the terms and conditions of an
12 order of protection issued by the court under the
13 Illinois Domestic Violence Act of 1986;
14 (16) Under Section 110-6.5 comply with the
15 conditions of the drug testing program; and
16 (17) Such other reasonable conditions as the court
17 may impose.
18 (c) When a person is charged with an offense under
19 Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
20 "Criminal Code of 1961", involving a victim who is a minor
21 under 18 years of age living in the same household with the
22 defendant at the time of the offense, in granting bail or
23 releasing the defendant on his own recognizance, the judge
24 shall impose conditions to restrict the defendant's access to
25 the victim which may include, but are not limited to
26 conditions that he will:
27 1. Vacate the Household.
28 2. Make payment of temporary support to his
29 dependents.
30 3. Refrain from contact or communication with the
31 child victim, except as ordered by the court.
32 (d) When a person is charged with a criminal offense and
33 the victim is a family or household member as defined in
34 Article 112A, conditions shall be imposed at the time of the
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1 defendant's release on bond that restrict the defendant's
2 access to the victim. Unless provided otherwise by the court,
3 the restrictions shall include requirements that the
4 defendant do the following:
5 (1) refrain from contact or communication with the
6 victim for a minimum period of 72 hours following the
7 defendant's release; and
8 (2) refrain from entering or remaining at the
9 victim's residence for a minimum period of 72 hours
10 following the defendant's release.
11 (e) Local law enforcement agencies shall develop
12 standardized bond forms for use in cases involving family or
13 household members as defined in Article 112A, including
14 specific conditions of bond as provided in subsection (d).
15 Failure of any law enforcement department to develop or use
16 those forms shall in no way limit the applicability and
17 enforcement of subsections (d) and (f).
18 (f) If the defendant is admitted to bail after
19 conviction the conditions of the bail bond shall be that he
20 will, in addition to the conditions set forth in subsections
21 (a) and (b) hereof:
22 (1) Duly prosecute his appeal;
23 (2) Appear at such time and place as the court may
24 direct;
25 (3) Not depart this State without leave of the
26 court;
27 (4) Comply with such other reasonable conditions as
28 the court may impose; and,
29 (5) If the judgment is affirmed or the cause
30 reversed and remanded for a new trial, forthwith
31 surrender to the officer from whose custody he was
32 bailed.
33 (Source: P.A. 89-235, eff. 8-4-95; 89-428, eff. 12-13-95;
34 89-462, eff. 5-29-96; 90-399, eff. 1-1-98.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.
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