91st General Assembly
Status of SB0756
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CRONIN-SULLIVAN-RADOGNO-JONES,W-DILLARD, GEO-KARIS, 
   LINK AND NOLAND.

(DANIELS-LANG-MITCHELL,BILL-BELLOCK-SCHMITZ)

   105 ILCS 5/10-27.1A                                                         
   705 ILCS 405/5-407 new                                                      
   725 ILCS 5/109-1.5 new                                                      

        Amends the School Code, the Juvenile Court Act of 1987,  and  the      
   Code  of  Criminal Procedure of 1963.  Requires a principal to place a      
   student found to be knowingly in possession of a firearm in a  school,      
   on  school  property,  or at a school-sponsored activity or event into      
   the custody of a local  law  enforcement  agency.   Requires  the  law      
   enforcement  agency  to sign a criminal complaint against the student.      
   Provides that the student shall remain in custody  at  least  until  a      
   psychological  evaluation  is  completed.  Requires the court to order      
   the  student  to  promptly  receive  a  psychological  evaluation   to      
   determine  whether  the student presents a risk to the physical safety      
   of himself, herself, or others.  If it is determined that the  student      
   presents  a risk, requires the court to order that the student receive      
   counseling and any other services to ameliorate that  risk.   Provides      
   that a determination that the student presents a risk shall operate as      
   an  application for an order restraining the student from entering the      
   property of the school from which he or  she  has  been  suspended  or      
   expelled as a result of possessing a firearm.  Provides that the order      
   restrains  the  student  from  entering the school, school property, a      
   school-sponsored  activity  or  event,  or   any   location   normally      
   frequented  by  students of the school for the period during which the      
   student is suspended or expelled.  Effective immediately.                   
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          725 ILCS 5/109-1.5 new                                               
          Adds reference to:                                                   
          725 ILCS 5/110-4                from Ch. 38, par. 110-4              
          725 ILCS 5/110-10               from Ch. 38, par. 110-10             
        Deletes everything.  Amends the School Code, the  Juvenile  Court      
   Act  of  1987,  and  the Code of Criminal Procedure of 1963.  Requires      
   school officials, in both public and private schools,  to  immediately      
   notify  a local law enforcement agency and the office of the principal      
   in the event that they observe any person in possession of  a  firearm      
   on  school  grounds.  Provides  that  if  the  law  enforcement agency      
   determines  that  probable  cause  exists  to  believe  that  a  minor      
   committed the offense of unlawful use of  weapons,  the  agency  shall      
   detain  the minor for processing, which includes allowing the court to      
   order a psychological evaluation and to issue a restraining  order  if      
   certain  conditions  are  met.  Provides that a person is not bailable      
   before  conviction  for  possessing  a  firearm  on  school   grounds       
   if the court determines that the person's release would pose a real         
   and present threat to the physical safety of another. Provides that as      
   a condition of a bail bond, for possessing a firearm on school              
   grounds, a person is required to submit to a psychological evaluation       
   and refrain from entering upon the property of the school. Makes other      
   changes. Effective immediately.                                             
        SENATE AMENDMENT NO. 3.                                                
        Further  amends  the  School  Code.   Makes  changes   concerning      
   notification  procedures.   Imposes  criminal  penalties  for  certain      
   violations.                                                                 
        HOUSE AMENDMENT NO. 1.  (Tabled May 20, 1999)                          
          Adds reference to:                                                   
          720 ILCS 5/24-9 new                                                  
          720 ILCS 5/24-9.1 new                                                
        Amends the  Criminal  Code  of  1961.   Creates  the  offense  of      
   unlawful  storage  of  a firearm.  Prohibits a person from negligently      
   keeping a loaded firearm within any premises or vehicle that is  under      
   his  or  her control so that a child under 14 who is not supervised is      
   likely to be able to gain access to the firearm, and the  child  gains      
   access  to the firearm and possesses, uses, or exhibits it either in a      
   public place or in a negligent, suicidal, threatening,  or  assaultive      
   manner.  Establishes  rebuttable  presumptions.   Penalty is a Class C      
   misdemeanor for a first offense and a Class A misdemeanor for a second      
   or subsequent offense.   Requires a commerical seller of firearms to        
   deliver a written warning to a purchaser of a firearm that it is un-        
   lawful, and punishable by imprisonment and a fine, for a person to          
   store or leave a firearm in a place within the reach or easy access of      
   a minor under 14 years of age. Penalty is a petty offense with a $500       
   maximum fine.                                                               
          FISCAL NOTE (State Board of Education)                               
          Local governments and SBE should incur no increased expendi-         
          tures or additional costs. SB756 does not specify who is to pay      
          for the psychological evaluations, which would cost between          
          $500 - $1,000 per student. Number of students is unknown.            
          STATE MANDATES NOTE (State Board of Education)                       
          Same as SBE fiscal note.                                             
          FISCAL NOTE, H-AM 1 (Dept. of Corrections)                           
          No corrections population or fiscal impact.                          
          CORRECTIONAL NOTE, H-AM 1 (Dept. of Corrections)                     
          Same as DOC fiscal note.                                             
   99-02-24  S  FIRST READING                                                  
   99-02-24  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   99-02-24  S       ASSIGNED TO COMMITTEE               EDUCATION             
   99-02-25  S       RE-REFERRED TO COMMITTEE            RULES                 
   99-02-25  S       ASSIGNED TO COMMITTEE               JUDICIARY             
   99-03-09  S  ADDED AS A CO-SPONSOR                    MUNOZ                 
   99-03-10  S                             AMENDMENT NO. 01-JUDICIARY     S    
   99-03-10  S                                   ADOPTED                       
   99-03-10  S       DO PASS AS AMENDED                  010-000-000   SJUD    
   99-03-10  S  PLACED ON CALENDAR ORDER OF 2ND READING  99-03-11              
   99-03-10  S  ADDED AS A CO-SPONSOR                    LINK                  
   99-03-16  S  SECOND READING                                                 
   99-03-16  S  PLACED ON CALENDAR ORDER OF 3RD READING  99-03-17              
   99-03-19  S  FILED WITH SECRETARY                                           
   99-03-19  S                             AMENDMENT NO. 02-CRONIN             
   99-03-19  S                     AMENDMENT REFERRED TO SRUL                  
   99-03-22  S  FILED WITH SECRETARY                                           
   99-03-22  S                             AMENDMENT NO. 03-CRONIN             
   99-03-22  S                     AMENDMENT REFERRED TO SRUL                  
   99-03-22  S                             AMENDMENT NO. 02-CRONIN             
   99-03-22  S                           RULES REFERS TO SJUD                  
   99-03-22  S                             AMENDMENT NO. 03-CRONIN             
   99-03-22  S                           RULES REFERS TO SJUD                  
   99-03-24  S                             AMENDMENT NO. 02-CRONIN             
   99-03-24  S                                 POSTPONED SJUD                  
   99-03-24  S                             AMENDMENT NO. 03-CRONIN             
   99-03-24  S                                BE ADOPTED SJUD/006-000-000      
   99-03-24  S  RECALLED TO SECOND READING                                     
   99-03-24  S                             AMENDMENT NO. 03-CRONIN             
   99-03-24  S                                   ADOPTED                       
   99-03-24  S  PLACED ON CALENDAR ORDER OF 3RD READING  99-03-25              
   99-03-25  S  ADDED AS A CO-SPONSOR                    NOLAND                
   99-03-25  S  THIRD READING - PASSED                   056-000-001           
   99-03-25  S  TABLED PURSUANT TO RULE                  5-4(A) SA 02          
   99-03-25  S  THIRD READING - PASSED                   056-000-001           
   99-03-26  H  ARRIVE IN HOUSE                                                
   99-03-26  H  HOUSE SPONSOR                            LANG                  
   99-03-26  H  ADDED AS A JOINT SPONSOR                 FRANKS                
   99-03-26  H  FIRST READING                                                  
   99-03-26  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   99-04-14  H       ASSIGNED TO COMMITTEE               JUD-CRIMINAL          
   99-04-22  H                             AMENDMENT NO. 01-JUD-CRIMINAL  H    
   99-04-22  H                                   ADOPTED 007-005-001           
   99-04-22  H  DO PASS AS AMENDED/STANDARD DEBATE       007-000-006   HJUB    
   99-04-22  H  PLACED CAL 2ND READING-STANDARD DEBATE                         
   99-04-22  H  ADDED AS A JOINT SPONSOR                 MITCHELL,BILL         
   99-04-22  H  ADDED AS A JOINT SPONSOR                 BELLOCK               
   99-04-22  H  ADDED AS A JOINT SPONSOR                 SCHMITZ               
   99-04-27  H                         FISCAL NOTE FILED                       
   99-04-27  H  STATE MANDATES FISCAL NOTE FILED                               
   99-04-27  H  CALENDAR ORDER 2ND READING-STANDARD DBT                        
   99-04-27  H  ALTERNATE PRIMARY SPONSOR CHANGED TO     DANIELS               
   99-04-27  H  JOINT-ALTERNATE-SPONSOR CHANGED TO       LANG                  
   99-04-30  H  FISCAL NOTE FILED AS AMENDED             BY HOUSE AMEND #1     
   99-04-30  H  CORRECTIONAL NOTE FILED AS AMENDED       BY HOUSE AMEND #1     
   99-04-30  H  CALENDAR ORDER 2ND READING-STANDARD DBT                        
   99-05-04  H  SECOND READING-STANDARD DEBATE                                 
   99-05-04  H  PLCD CAL ORDER 3RD READING-STNDRD DEBATE                       
   99-05-14  H                                           3RD RDING DEADLINE    
   99-05-14  H                                           EXTENDED - 5/21/99    
   99-05-14  H  CALENDAR ORDER 3RD READING-STNDRD DEBATE                       
   99-05-20  H  RECLLD TO SECOND READING-STANDARD DEBATE                       
   99-05-20  H  MOTION TO TABLE AMENDMENT - PREVAILED    01/114-001-000        
   99-05-20  H  PLCD CAL ORDER 3RD READING-STNDRD DEBATE                       
   99-05-20  H  THIRD READING/STANDARD DEBATE/PASS       115-000-000           
   99-05-20  S  PASSED BOTH HOUSES                                             
   99-05-21  S  SENT TO THE GOVERNOR                                           
   99-06-07  S  GOVERNOR VETOED                                                
   99-11-04  S  PLACED CALENDAR TOTAL VETO               NOVEMBER 16, 1999     
   99-11-18  S  TOTAL VETO STANDS                                              

   END OF INQUIRY 



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