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91_HB1194
LRB9103697NTsb
1 AN ACT concerning school students, 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) The principal or his or her designee shall place a
9 student into the custody of a local law enforcement agency if
10 the student is found to be knowingly in possession of a
11 firearm in a school, on school owned or leased property,
12 including any conveyance owned, leased, or used by the school
13 for the transport of students or school personnel, or at a
14 school-sponsored activity or event and shall notify the
15 student's parent or guardian. The law enforcement agency
16 shall sign a criminal complaint against the student and
17 process the student under Section 5-407 of the Juvenile Court
18 Act of 1987 or Section 109-1.5 of the Code of Criminal
19 Procedure of 1963.
20 (b) On or after January 1, 1997, upon receipt of any
21 written, electronic, or verbal report from any school
22 personnel regarding a verified incident involving a firearm
23 in a school or on school owned or leased property, including
24 any conveyance owned, leased, or used by the school for the
25 transport of students or school personnel, the superintendent
26 or his or her designee shall report all such firearm-related
27 incidents occurring in a school or on school property to the
28 local law enforcement authorities no later than 24 hours
29 after the occurrence of the incident and to the Department of
30 State Police in a form, manner, and frequency as prescribed
31 by the Department of State Police.
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1 The State Board of Education shall receive an annual
2 statistical compilation and related data associated with
3 incidents involving firearms in schools from the Department
4 of State Police.
5 (c) As used in this Section, the term "firearm" shall
6 have the meaning ascribed to it in Section 1.1 of the Firearm
7 Owners Identification Card Act.
8 (Source: P.A. 89-498, eff. 6-27-96.)
9 Section 10. The Juvenile Court Act of 1987 is amended by
10 adding Section 5-407 as follows:
11 (705 ILCS 405/5-407 new)
12 Sec. 5-407. Processing of student in possession of a
13 firearm.
14 (a) Notwithstanding any other provision of law, if a law
15 enforcement agency has taken custody of a student under 17
16 years of age under Section 10-27.1A of the School Code, the
17 student shall remain in custody at least until a
18 psychological evaluation under subsection (b) of this Section
19 is completed.
20 (b) When the student is delivered to the court or to the
21 place designated by the court under Section 5-405 of this
22 Act, the court shall order the student to promptly receive a
23 psychological evaluation to determine whether the student
24 presents a risk to the physical safety of himself, herself,
25 or others. If it is determined that the student presents a
26 risk to the physical safety of himself, herself, or others,
27 the court shall order that the student receive counseling and
28 any other services deemed necessary by the court to
29 ameliorate this risk, in addition to any other disposition
30 applicable under law.
31 (c) A determination that the student presents a risk to
32 himself, herself, or others shall operate as an application
-3- LRB9103697NTsb
1 for an order restraining the student from entering the
2 property of the school from which he or she has been
3 suspended or expelled as a result of possessing a firearm.
4 The court shall conduct a hearing on the order. The order
5 shall restrain the student from entering the school, school
6 owned or leased property, including any conveyance owned,
7 leased, or used by the school for the transport of students
8 or school personnel, a school-sponsored activity or event, or
9 any location normally frequented by students of the school.
10 The order shall remain in effect for the period during which
11 the student is suspended or expelled from the school.
12 Section 15. The Code of Criminal Procedure of 1963 is
13 amended by adding Section 109-1.5 as follows:
14 (725 ILCS 5/109-1.5 new)
15 Sec. 109-1.5. Processing of student in possession of a
16 firearm.
17 (a) Notwithstanding any other provision of law, if a law
18 enforcement agency has taken custody of a student 17 years of
19 age or older under Section 10-27.1A of the School Code, the
20 student shall remain in custody at least until a
21 psychological evaluation under subsection (b) of this Section
22 is completed.
23 (b) When the student has been taken before a judge under
24 Section 109-1 of this Code, the judge shall order the student
25 to promptly receive a psychological evaluation to determine
26 whether the student presents a risk to the physical safety of
27 himself, herself, or others. If it is determined that the
28 student presents a risk to the physical safety of himself,
29 herself, or others, the court shall order that the student
30 receive counseling and any other services deemed necessary by
31 the court to ameliorate this risk, in addition to any other
32 disposition applicable under law.
-4- LRB9103697NTsb
1 (c) A determination that the student presents a risk to
2 himself, herself, or others shall operate as an application
3 for an order restraining the student from entering the
4 property of the school from which he or she has been
5 suspended or expelled as a result of possessing a firearm.
6 The court shall conduct a hearing on the order. The order
7 shall restrain the student from entering the school, school
8 owned or leased property, including any conveyance owned,
9 leased, or used by the school for the transport of students
10 or school personnel, a school-sponsored activity or event, or
11 any location normally frequented by students of the school.
12 The order shall remain in effect for the period during which
13 the student is suspended or expelled from the school.
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.