Full Text of SB3415 97th General Assembly
SB3415 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB3415 Introduced 2/7/2012, by Sen. Susan Garrett SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/10-21.7 | from Ch. 122, par. 10-21.7 | 105 ILCS 5/10-27.1A | | 105 ILCS 5/10-27.1B | | 105 ILCS 5/22-66 new | | 105 ILCS 5/34-8.05 | |
|
Amends the School Code. Makes changes to the provisions concerning attacks on school personnel and firearms in schools regarding the types and locations of incidents to be reported, respectively, and the reporting procedures. Makes changes to a provision concerning reporting drug-related incidents in schools regarding the reporting procedures. Provides that all school officials, including teachers, guidance counselors, and support staff, shall immediately notify the office of the principal in the event that they observe any person who is a student in grade 6 through 12 or any person not a student commit certain specified offenses. Provides that upon receiving a report from any school official or from any other person, the principal or his or her designee shall immediately notify a local law enforcement agency and require a report to be completed. Sets forth provisions concerning the law enforcement agency's actions if the person found to have committed the offense is a minor. Makes changes to the provision concerning reporting firearms in schools in the Chicago School District Article. Makes other changes. Effective August 1, 2012.
|
| |
| | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | FISCAL NOTE ACT MAY APPLY | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
|
| | | SB3415 | | LRB097 19287 RPM 64533 b |
|
| 1 | | AN ACT concerning education.
| 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 Sections | 5 | | 10-21.7, 10-27.1A, 10-27.1B, and 34-8.05 and by adding Section | 6 | | 22-66 as follows:
| 7 | | (105 ILCS 5/10-21.7) (from Ch. 122, par. 10-21.7)
| 8 | | Sec. 10-21.7. Attacks on school personnel.
| 9 | | (a) In the Section, "school" means any public or private | 10 | | elementary or
secondary school.
| 11 | | (b) Upon receipt of a
written complaint from any school | 12 | | personnel, the superintendent or his or her designee , or other
| 13 | | appropriate administrative officer for a private school, shall
| 14 | | report all incidents of assault, battery , criminal sexual | 15 | | assault, aggravated criminal sexual assault, criminal sexual | 16 | | abuse, or aggravated criminal sexual abuse committed against | 17 | | teachers, teacher
personnel, administrative personnel or | 18 | | educational support
personnel to the local law enforcement
| 19 | | authorities immediately after the occurrence of
the attack . The | 20 | | local law enforcement agency shall report the incident
and to | 21 | | the Department of State Police's Illinois
Uniform Crime | 22 | | Reporting Program in a form, manner, and frequency as | 23 | | prescribed by the Department of State Police no later than 3 |
| | | SB3415 | - 2 - | LRB097 19287 RPM 64533 b |
|
| 1 | | days after the
occurrence of the attack . The State Board of | 2 | | Education shall receive monthly
as well as annual statistical | 3 | | compilations of attacks on school personnel
from the Department | 4 | | of State Police through the
Illinois Uniform Crime Reporting | 5 | | Program.
The State Board of Education shall compile this | 6 | | information by school
district and make it available to the | 7 | | public.
| 8 | | (Source: P.A. 91-491, eff. 8-13-99.)
| 9 | | (105 ILCS 5/10-27.1A)
| 10 | | Sec. 10-27.1A. Reporting firearms Firearms in schools.
| 11 | | (a) All school officials, including teachers, guidance | 12 | | counselors, and
support staff, shall immediately notify the | 13 | | office of the principal in the
event that they observe any | 14 | | person in possession of a firearm on school
grounds or on | 15 | | school owned or leased property, including any conveyance | 16 | | owned, leased, or used by the school for the transport of | 17 | | students or school personnel ; provided that taking such | 18 | | immediate action to notify the office of the
principal would | 19 | | not immediately endanger the health, safety, or welfare of
| 20 | | students who are under the direct supervision of the school | 21 | | official or the
school official. If the health, safety, or | 22 | | welfare of students under the
direct supervision of the school | 23 | | official or of the school official is
immediately endangered, | 24 | | the school official shall notify the office of the
principal as | 25 | | soon as the students under his or her supervision and he or she
|
| | | SB3415 | - 3 - | LRB097 19287 RPM 64533 b |
|
| 1 | | are no longer under immediate danger. A report is not required | 2 | | by this Section
when the school official knows that the person | 3 | | in possession of the firearm is
a law enforcement official | 4 | | engaged in the conduct of his or her official
duties. Any | 5 | | school official acting in good faith who makes such a report | 6 | | under
this Section shall have immunity from any civil or | 7 | | criminal liability that
might otherwise be incurred as a result | 8 | | of making the report. The identity of
the school official | 9 | | making such report shall not be disclosed except as
expressly | 10 | | and specifically authorized by law. Knowingly and willfully | 11 | | failing
to comply with this Section is a petty offense. A | 12 | | second or subsequent offense
is a Class C misdemeanor.
| 13 | | (b) Upon receiving a report from any school official | 14 | | pursuant to this
Section, or from any other person, the | 15 | | principal or his or her designee shall
immediately notify a | 16 | | local law enforcement agency and require a police report to be | 17 | | completed . If the person found to be
in possession of a firearm | 18 | | on school grounds is a student, then the law enforcement agency | 19 | | shall notify the student's parent or guardian pursuant to the | 20 | | Juvenile Court Act of 1987 the principal or
his or her designee | 21 | | shall also immediately notify that student's parent or
| 22 | | guardian . Any principal or his or her designee acting in good | 23 | | faith who makes
such reports under this Section shall have | 24 | | immunity from any civil or criminal
liability that might | 25 | | otherwise be incurred or imposed as a result of making
the | 26 | | reports. Knowingly and willfully failing to comply with this |
| | | SB3415 | - 4 - | LRB097 19287 RPM 64533 b |
|
| 1 | | Section is a
petty offense. A second or subsequent offense is a | 2 | | Class C misdemeanor. If
the person found to be in possession of | 3 | | the firearm on school grounds is a
minor, the law enforcement | 4 | | agency shall detain that minor until such time as
the agency | 5 | | makes a determination pursuant to clause (a) of subsection (1) | 6 | | of
Section 5-401 of the Juvenile Court Act of 1987, as to | 7 | | whether the agency
reasonably believes that the minor is | 8 | | delinquent. If the law enforcement
agency determines that | 9 | | probable cause exists to believe that the minor
committed a | 10 | | violation of item (4) of subsection (a) of Section 24-1 of the
| 11 | | Criminal Code of 1961 while on school grounds, the agency shall | 12 | | detain the
minor for processing pursuant to Section 5-407 of | 13 | | the Juvenile Court Act of
1987.
| 14 | | (c) On or after January 1, 1997, upon receipt of any | 15 | | written,
electronic, or verbal report from any school personnel | 16 | | regarding a verified
incident involving a firearm in a school | 17 | | or on school owned or leased property,
including any conveyance | 18 | | owned,
leased, or used by the school for the transport of | 19 | | students or school
personnel, the superintendent or his or her | 20 | | designee , or other appropriate administrative officer for a | 21 | | private school, shall report all such
firearm-related | 22 | | incidents occurring in a school or on school property to the
| 23 | | local law enforcement authorities immediately and require a | 24 | | police report to be completed. The local law enforcement agency | 25 | | shall report the incident to the Department of State Police's | 26 | | Illinois Uniform Crime Reporting Program
Police in a form, |
| | | SB3415 | - 5 - | LRB097 19287 RPM 64533 b |
|
| 1 | | manner, and frequency as prescribed by the Department of
State | 2 | | Police.
| 3 | | The State Board of Education shall receive an annual | 4 | | statistical compilation
and related data associated with | 5 | | incidents involving firearms in schools from
the Department of | 6 | | State Police. The State Board of Education shall compile
this | 7 | | information by school district and make this information it | 8 | | available to the public.
| 9 | | (d) As used in this Section, the term "firearm" shall have | 10 | | the meaning
ascribed to it in Section 1.1 of the Firearm Owners | 11 | | Identification Card Act.
| 12 | | As used in this Section, the term "school" means any public | 13 | | or private
elementary or secondary school.
| 14 | | As used in this Section, the term "school grounds" includes | 15 | | the real property
comprising any school, any conveyance owned, | 16 | | leased, or contracted by a school
to transport students to or | 17 | | from school or a school-related activity, or any
public way | 18 | | within 1,000 feet of the real property comprising any school.
| 19 | | (Source: P.A. 91-11, eff. 6-4-99; 91-491, eff. 8-13-99.)
| 20 | | (105 ILCS 5/10-27.1B)
| 21 | | Sec. 10-27.1B. Reporting drug-related incidents in | 22 | | schools.
| 23 | | (a) In this Section:
| 24 | | "Drug" means "cannabis" as defined under subsection (a) of | 25 | | Section 3 of the
Cannabis Control Act, "narcotic drug" as |
| | | SB3415 | - 6 - | LRB097 19287 RPM 64533 b |
|
| 1 | | defined under subsection (aa) of
Section 102
of the Illinois | 2 | | Controlled Substances Act, or "methamphetamine" as defined | 3 | | under Section 10 of the Methamphetamine Control and Community | 4 | | Protection Act.
| 5 | | "School" means any public or private elementary or | 6 | | secondary school.
| 7 | | (b) Upon receipt of any written, electronic, or verbal | 8 | | report from any
school
personnel regarding a verified incident | 9 | | involving drugs in a school or on
school owned or
leased | 10 | | property, including any conveyance owned, leased, or used by | 11 | | the school
for the
transport of students or school personnel, | 12 | | the superintendent or his or her
designee, or other appropriate | 13 | | administrative officer for a private school,
shall
report all | 14 | | such drug-related incidents occurring in a school or on school
| 15 | | property to the
local law enforcement authorities immediately | 16 | | and require a police report to be completed. The local law | 17 | | enforcement agency shall report the incident to the Department | 18 | | of State Police's Illinois Uniform Crime Reporting Program
| 19 | | Police in a
form, manner, and frequency as prescribed by the | 20 | | Department of State Police.
| 21 | | (c) The State Board of Education shall receive an annual | 22 | | statistical
compilation
and related data associated with | 23 | | drug-related incidents in schools from the
Department of
State | 24 | | Police. The State Board of Education shall compile this | 25 | | information by
school
district and make it available to the | 26 | | public.
|
| | | SB3415 | - 7 - | LRB097 19287 RPM 64533 b |
|
| 1 | | (Source: P.A. 94-556, eff. 9-11-05.)
| 2 | | (105 ILCS 5/22-66 new) | 3 | | Sec. 22-66. Certain criminal offenses to be reported. | 4 | | (a) All school officials, including teachers, guidance | 5 | | counselors, and support staff, shall immediately notify the | 6 | | office of the principal in the event that they observe any | 7 | | person who is a student in grade 6 through 12 or any person not | 8 | | a student commit an assault, a battery, a criminal sexual | 9 | | assault, an aggravated criminal sexual assault, a predatory | 10 | | criminal sexual assault of a child, criminal sexual abuse, or | 11 | | aggravated criminal sexual abuse on school grounds or on school | 12 | | owned or leased property, including any conveyance owned, | 13 | | leased, or used by the school for the transport of students. | 14 | | Incidents involving great bodily harm shall be reported | 15 | | involving students in all grades. Any school official acting in | 16 | | good faith who makes a report under this Section shall have | 17 | | immunity from any civil or criminal liability that might | 18 | | otherwise be incurred as a result of making the report. The | 19 | | identity of the school official making the report shall not be | 20 | | disclosed except as expressly and specifically authorized by | 21 | | law. Knowingly and willfully failing to comply with this | 22 | | subsection (a) is a petty offense. A second or subsequent | 23 | | offense is a Class C misdemeanor. | 24 | | (b) Upon receiving a report from any school official | 25 | | pursuant to this Section or from any other person, the |
| | | SB3415 | - 8 - | LRB097 19287 RPM 64533 b |
|
| 1 | | principal or his or her designee shall immediately notify a | 2 | | local law enforcement agency and require a report to be | 3 | | completed. The local law enforcement agency shall report the | 4 | | incident to the Department of State Police's Illinois Uniform | 5 | | Crime Reporting Program in a form, manner, and frequency as | 6 | | prescribed by the Department of State Police's. Any principal | 7 | | or his or her designee acting in good faith who makes a report | 8 | | under this Section shall have immunity from any civil or | 9 | | criminal liability that might otherwise be incurred or imposed | 10 | | as a result of making the report. Knowingly and willfully | 11 | | failing to comply with this subsection (b) is a petty offense. | 12 | | A second or subsequent offense is a Class C misdemeanor. | 13 | | (c) If the person found to have committed an offense | 14 | | specified under subsection (a) of this Section is a minor, then | 15 | | the law enforcement agency shall detain that minor until such | 16 | | time as the agency makes a determination pursuant to clause (a) | 17 | | of subsection (1) of Section 5-401 of the Juvenile Court Act of | 18 | | 1987 as to whether the agency reasonably believes that the | 19 | | minor is delinquent. If the law enforcement agency determines | 20 | | that probable cause exists to believe that the minor committed | 21 | | a violation of Section 12-1, 12-2, 12-3, or 12-3.05 of the | 22 | | Criminal Code of 1961 while on school grounds or on school | 23 | | owned or leased property, including any conveyance owned, | 24 | | leased, or used by the school for the transport of students, | 25 | | then the agency shall detain the minor for processing pursuant | 26 | | to Section 5-407 of the Juvenile Court Act of 1987. |
| | | SB3415 | - 9 - | LRB097 19287 RPM 64533 b |
|
| 1 | | (d) The State Board of Education shall receive an annual | 2 | | statistical compilation and related data associated with | 3 | | incidents in schools from the Department of State Police. The | 4 | | State Board of Education shall compile this information by | 5 | | school district and make it available to the public.
| 6 | | (105 ILCS 5/34-8.05)
| 7 | | Sec. 34-8.05. Reporting firearms in schools. | 8 | | (a) On or after January 1,
1997,
upon receipt of any | 9 | | written,
electronic, or verbal report from any school personnel | 10 | | regarding a verified
incident involving a firearm in a school | 11 | | or on school owned or leased property,
including any conveyance | 12 | | owned,
leased, or used by the school for the transport of | 13 | | students or school
personnel, the general superintendent of | 14 | | schools or chief executive officer or his or her designee shall | 15 | | report all
such
firearm-related incidents occurring in a school | 16 | | or on school property to the
local law enforcement authorities | 17 | | immediately no later than 24 hours after the occurrence
of the | 18 | | incident and require a police report to be completed. The local | 19 | | law enforcement agency shall report the incident to the | 20 | | Department of State Police's Illinois Uniform Crime Reporting | 21 | | Program Police in a form, manner, and
frequency as prescribed | 22 | | by the Department of State Police.
| 23 | | (b) Any school official acting in good faith who makes a | 24 | | report under this Section shall have immunity from any civil or | 25 | | criminal liability that might otherwise be incurred or imposed |
| | | SB3415 | - 10 - | LRB097 19287 RPM 64533 b |
|
| 1 | | as a result of making the report. Knowingly and willfully | 2 | | failing to comply with this Section is a petty offense. A | 3 | | second or subsequent offense is a Class C misdemeanor. | 4 | | (c) If the person found to be in possession of the firearm | 5 | | on school grounds is a minor, then the law enforcement agency | 6 | | shall detain that minor until such time as the agency makes a | 7 | | determination pursuant to clause (a) of subsection (1) of | 8 | | Section 5-401 of the Juvenile Court Act of 1987 as to whether | 9 | | the agency reasonably believes that the minor is delinquent. If | 10 | | the person found to be
in possession of a firearm is a minor, | 11 | | then the law enforcement agency shall notify the minor's parent | 12 | | or guardian pursuant to the Juvenile Court Act of 1987. If the | 13 | | law enforcement agency determines that probable cause exists to | 14 | | believe that the minor committed a violation of item (4) of | 15 | | subsection (a) of Section 24-1 of the Criminal Code of 1961 | 16 | | while on school grounds, the agency shall detain the minor for | 17 | | processing and shall notify the minor's parent or guardian | 18 | | pursuant to the Juvenile Court Act of 1987. | 19 | | (d) The State Board of Education shall receive an annual | 20 | | statistical compilation
and related data associated with | 21 | | incidents involving firearms in schools from
the Department of | 22 | | State Police. As used in this Section, the term "firearm"
shall | 23 | | have the meaning ascribed to it in Section 1.1 of the Firearm | 24 | | Owners
Identification Card Act.
| 25 | | (Source: P.A. 89-498, eff. 6-27-96.)
| 26 | | Section 99. Effective date. This Act takes effect August 1, |
| | | SB3415 | - 11 - | LRB097 19287 RPM 64533 b |
|
| 1 | | 2012.
|
|