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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.ReportingFirearms 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 immediatelyno later than224 hours after the occurrence of the incidentand 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;orfelony 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;orstalking 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;and26 (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.