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91_HB1194ham001
LRB9103691NTsbam
1 AMENDMENT TO HOUSE BILL 1194
2 AMENDMENT NO. . Amend House Bill 1194 by replacing
3 the title with the following:
4 "AN ACT concerning schools, amending named Acts."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The School Code is amended by changing
8 Section 10-27.1A as follows:
9 (105 ILCS 5/10-27.1A)
10 Sec. 10-27.1A. Reporting Firearms in schools.
11 (a) All school officials, including teachers, guidance
12 counselors, and support staff, shall immediately notify a
13 local law enforcement agency and the office of the principal
14 in the event that they observe any person in possession of a
15 firearm on school grounds. A report is not required by this
16 Section when the school official knows that the person in
17 possession of the firearm is a law enforcement official
18 engaged in the conduct of his or her official duties.
19 Willful failure to comply with this Section shall subject the
20 non-reporting school official to suspension or revocation of
21 certification, pursuant to subsection (a) of Section 21-23 of
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1 this Code.
2 (b) Upon receiving a report from any school official
3 pursuant to the Section, or from any other person, the
4 principal or his or her designee shall, if not already done,
5 immediately notify a local law enforcement agency. If the
6 person found to be in possession of a firearm on school
7 grounds is a student, the principal or his or her designee
8 shall also immediately notify that student's parent or
9 guardian. Upon receiving notification from the principal or
10 his or her designee or any other school official, the local
11 law enforcement agency shall immediately commence an
12 investigation and determine whether to file a delinquency
13 petition or complaint. If the person found to be in
14 possession of the firearm on school grounds is a minor, the
15 law enforcement agency shall detain that minor until such
16 time as the agency makes a determination pursuant to clause
17 (a) of subsection (1) of Section 5-401 of the Juvenile Court
18 Act of 1987, as to whether the agency reasonably believes
19 that the minor is delinquent. If the law enforcement agency
20 determines that probable cause exists to believe that the
21 minor committed a violation of item (4) of subsection (a) of
22 Section 24-1 of the Criminal Code of 1961 while on school
23 grounds, the agency shall detain the minor for processing
24 pursuant to Section 5-407 of the Juvenile Court Act of 1987.
25 (c) On or after January 1, 1997, upon receipt of any
26 written, electronic, or verbal report from any school
27 personnel regarding a verified incident involving a firearm
28 in a school or on school owned or leased property, including
29 any conveyance owned, leased, or used by the school for the
30 transport of students or school personnel, the superintendent
31 or his or her designee shall report all such firearm-related
32 incidents occurring in a school or on school property to the
33 local law enforcement authorities immediately no later than
34 24 hours after the occurrence of the incident and to the
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1 Department of State Police in a form, manner, and frequency
2 as prescribed by the Department of State 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
6 of State Police.
7 (d) As used in this Section, the term "firearm" shall
8 have the meaning ascribed to it in Section 1.1 of the Firearm
9 Owners Identification Card Act.
10 As used in this Section, the term "school" means any
11 public or private elementary or secondary school.
12 As used in this Section, the term "school grounds"
13 includes the real property comprising any school, any
14 conveyance owned, leased, or contracted by a school to
15 transport students to or from school or a school-related
16 activity, or any public way within 1,000 feet of the real
17 property comprising any school.
18 (Source: P.A. 89-498, eff. 6-27-96.)
19 Section 10. The Juvenile Court Act of 1987 is amended by
20 adding Section 5-407 as follows:
21 (705 ILCS 405/5-407 new)
22 Sec. 5-407. Processing of juvenile in possession of a
23 firearm.
24 (a) If a law enforcement officer detains a minor
25 pursuant to Section 10-27.1A of the School Code, the officer
26 shall deliver the minor to the nearest juvenile officer, in
27 the manner prescribed by subsection (2) of Section 5-405 of
28 this Act. The juvenile officer shall deliver the minor
29 without unnecessary delay to the court or to the place
30 designated by rule or order of court for the reception of
31 minors. In no event shall the minor be eligible for any
32 other disposition by the juvenile police officer,
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1 notwithstanding the provisions of subsection (3) of Section
2 5-405 of this Act.
3 (b) Minors not excluded from this Act's jurisdiction
4 under subsection (3)(a) of Section 5-130 of this Act shall be
5 brought before a judicial officer within 40 hours, exclusive
6 of Saturdays, Sundays, and court-designated holidays, for a
7 detention hearing to determine whether he or she shall be
8 further held in custody. If the court finds that there is
9 probable cause to believe that the minor is a delinquent
10 minor by virtue of his or her violation of item (4) of
11 subsection (a) of Section 24-1 of the Criminal Code of 1961
12 while on school grounds, that finding shall operate as a
13 determination of urgent and immediate necessity under
14 subdivision (2) of Section 5-501 of this Act and the minor
15 shall be detained, pending the results of a court-ordered
16 psychological evaluation to determine if the minor is a risk
17 to himself, herself, or others. Upon receipt of the
18 psychological evaluation, the court shall review the
19 determination regarding the existence of urgent and
20 immediate necessity. The court shall consider the
21 psychological evaluation in conjunction with the other
22 factors identified in subdivision (2) of Section 5-501 of
23 this Act in order to make a de novo determination regarding
24 whether it is a matter of immediate and urgent necessity for
25 the protection of the minor or of the person or property of
26 another that the minor be detained or placed in a shelter
27 care facility. In addition to the pre-trial conditions found
28 in Section 5-505 of this Act, the court may order the minor
29 to receive counseling and any other services recommended by
30 the psychological evaluation as a condition for release of
31 the minor.
32 (c) Upon making a determination that the student
33 presents a risk to himself, herself, or others, the court
34 shall issue an order restraining the student from entering
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1 the property of the school if he or she has been suspended or
2 expelled from the school as a result of possessing a firearm.
3 The order shall restrain the student from entering the school
4 and school owned or leased property, including any conveyance
5 owned, leased, or contracted by the school to transport
6 students to or from school or a school-related activity. The
7 order shall remain in effect until such time as the court
8 determines that the student no longer presents a risk to
9 himself, herself, or others.
10 (d) Psychological evaluations ordered pursuant to
11 subsection (b) of this Section and statements made by the
12 minor during the course of these evaluations, shall not be
13 admissible on the issue of delinquency during the course of
14 any adjudicatory hearing held under this Act.
15 (e) In this Section:
16 "School" means any public or private elementary or
17 secondary school.
18 "School grounds" includes the real property comprising
19 any school, any conveyance owned, leased, or contracted by a
20 school to transport students to or from school or a
21 school-related activity, or any public way within 1,000 feet
22 of the real property comprising any school.
23 Section 15. The Code of Criminal Procedure of 1963 is
24 amended by changing Sections 110-4 and 110-10 as follows:
25 (725 ILCS 5/110-4) (from Ch. 38, par. 110-4)
26 Sec. 110-4. Bailable Offenses.
27 (a) All persons shall be bailable before conviction,
28 except the following offenses where the proof is evident or
29 the presumption great that the defendant is guilty of the
30 offense: capital offenses; offenses for which a sentence of
31 life imprisonment may be imposed as a consequence of
32 conviction; or felony offenses for which a sentence of
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1 imprisonment, without conditional and revocable release,
2 shall be imposed by law as a consequence of conviction, where
3 the court after a hearing, determines that the release of the
4 defendant would pose a real and present threat to the
5 physical safety of any person or persons; or stalking or
6 aggravated stalking, where the court, after a hearing,
7 determines that the release of the defendant would pose a
8 real and present threat to the physical safety of the alleged
9 victim of the offense and denial of bail is necessary to
10 prevent fulfillment of the threat upon which the charge is
11 based; or unlawful use of weapons in violation of item (4) of
12 subsection (a) of Section 24-1 of the Criminal Code of 1961
13 when that offense occurred in a school or in any conveyance
14 owned, leased, or contracted by a school to transport
15 students to or from school or a school-related activity, or
16 on any public way within 1,000 feet of real property
17 comprising any school, where the court, after a hearing,
18 determines that the release of the defendant would pose a
19 real and present threat to the physical safety of any person
20 and denial of bail is necessary to prevent fulfillment of
21 that threat.
22 (b) A person seeking release on bail who is charged with
23 a capital offense or an offense for which a sentence of life
24 imprisonment may be imposed shall not be bailable until a
25 hearing is held wherein such person has the burden of
26 demonstrating that the proof of his guilt is not evident and
27 the presumption is not great.
28 (c) Where it is alleged that bail should be denied to a
29 person upon the grounds that the person presents a real and
30 present threat to the physical safety of any person or
31 persons, the burden of proof of such allegations shall be
32 upon the State.
33 (d) When it is alleged that bail should be denied to a
34 person charged with stalking or aggravated stalking upon the
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1 grounds set forth in Section 110-6.3 of this Code, the burden
2 of proof of those allegations shall be upon the State.
3 (Source: P.A. 87-870; 87-871; 88-45.)
4 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
5 Sec. 110-10. Conditions of bail bond.
6 (a) If a person is released prior to conviction, either
7 upon payment of bail security or on his or her own
8 recognizance, the conditions of the bail bond shall be that
9 he or she will:
10 (1) Appear to answer the charge in the court having
11 jurisdiction on a day certain and thereafter as ordered
12 by the court until discharged or final order of the
13 court;
14 (2) Submit himself or herself to the orders and
15 process of the court;
16 (3) Not depart this State without leave of the
17 court;
18 (4) Not violate any criminal statute of any
19 jurisdiction; and
20 (5) At a time and place designated by the court,
21 surrender all firearms in his or her possession to a law
22 enforcement officer designated by the court to take
23 custody of and impound the firearms when the offense the
24 person has been charged with is a forcible felony,
25 stalking, aggravated stalking, domestic battery, any
26 violation of either the Illinois Controlled Substances
27 Act or the Cannabis Control Act that is classified as a
28 Class 2 or greater felony, or any felony violation of
29 Article 24 of the Criminal Code of 1961;. the court may,
30 however, forego the imposition of this condition when the
31 circumstances of the case clearly do not warrant it or
32 when its imposition would be impractical;. all legally
33 possessed firearms shall be returned to the person upon
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1 that person completing a sentence for a conviction on a
2 misdemeanor domestic battery, upon the charges being
3 dismissed, or if the person is found not guilty, unless
4 the finding of not guilty is by reason of insanity; and.
5 (6) At a time and place designated by the court,
6 submit to a psychological evaluation when the person has
7 been charged with a violation of item (4) of subsection
8 (a) of Section 24-1 of the Criminal Code of 1961 and that
9 violation occurred in a school or in any conveyance
10 owned, leased, or contracted by a school to transport
11 students to or from school or a school-related activity,
12 or on any public way within 1,000 feet of real property
13 comprising any school.
14 Psychological evaluations ordered pursuant to this
15 Section shall be completed promptly and made available to the
16 State, the defendant, and the court. As a further condition
17 of bail under these circumstances, the court shall order the
18 defendant to refrain from entering upon the property of the
19 school, including any conveyance owned, leased, or contracted
20 by a school to transport students to or from school or a
21 school-related activity, or on any public way within 1,000
22 feet of real property comprising any school. Upon receipt of
23 the psychological evaluation, either the State or the
24 defendant may request a change in the conditions of bail,
25 pursuant to Section 110-6 of this Code. The court may change
26 the conditions of bail to include a requirement that the
27 defendant follow the recommendations of the psychological
28 evaluation, including undergoing psychiatric treatment. The
29 conclusions of the psychological evaluation and any
30 statements elicited from the defendant during its
31 administration are not admissible as evidence of guilt during
32 the course of any trial on the charged offense, unless the
33 defendant places his or her mental competency in issue.
34 (b) The court may impose other conditions, such as the
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1 following, if the court finds that such conditions are
2 reasonably necessary to assure the defendant's appearance in
3 court, protect the public from the defendant, or prevent the
4 defendant's unlawful interference with the orderly
5 administration of justice:
6 (1) Report to or appear in person before such
7 person or agency as the court may direct;
8 (2) Refrain from possessing a firearm or other
9 dangerous weapon;
10 (3) Refrain from approaching or communicating with
11 particular persons or classes of persons;
12 (4) Refrain from going to certain described
13 geographical areas or premises;
14 (5) Refrain from engaging in certain activities or
15 indulging in intoxicating liquors or in certain drugs;
16 (6) Undergo treatment for drug addiction or
17 alcoholism;
18 (7) Undergo medical or psychiatric treatment;
19 (8) Work or pursue a course of study or vocational
20 training;
21 (9) Attend or reside in a facility designated by
22 the court;
23 (10) Support his or her dependents;
24 (11) If a minor resides with his or her parents or
25 in a foster home, attend school, attend a non-residential
26 program for youths, and contribute to his or her own
27 support at home or in a foster home;
28 (12) Observe any curfew ordered by the court;
29 (13) Remain in the custody of such designated
30 person or organization agreeing to supervise his release.
31 Such third party custodian shall be responsible for
32 notifying the court if the defendant fails to observe the
33 conditions of release which the custodian has agreed to
34 monitor, and shall be subject to contempt of court for
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1 failure so to notify the court;
2 (14) Be placed under direct supervision of the
3 Pretrial Services Agency, Probation Department or Court
4 Services Department in a pretrial bond home supervision
5 capacity with or without the use of an approved
6 electronic monitoring device subject to Article 8A of
7 Chapter V of the Unified Code of Corrections; or
8 (14.1) The court shall impose upon a defendant who
9 is charged with any alcohol, cannabis or controlled
10 substance violation and is placed under direct
11 supervision of the Pretrial Services Agency, Probation
12 Department or Court Services Department in a pretrial
13 bond home supervision capacity with the use of an
14 approved monitoring device, as a condition of such bail
15 bond, a fee not to exceed $5 for each day of such bail
16 supervision ordered by the court, unless after
17 determining the inability of the defendant to pay the
18 fee, the court assesses a lesser fee or no fee as the
19 case may be. The fee shall be collected by the clerk of
20 the circuit court. The clerk of the circuit court shall
21 pay all monies collected from this fee to the county
22 treasurer for deposit in the substance abuse services
23 fund under Section 5-1086.1 of the Counties Code;
24 (14.2) The court shall impose upon all defendants,
25 including those defendants subject to paragraph (14.1)
26 above, placed under direct supervision of the Pretrial
27 Services Agency, Probation Department or Court Services
28 Department in a pretrial bond home supervision capacity
29 with the use of an approved monitoring device, as a
30 condition of such bail bond, a fee which shall represent
31 costs incidental to such electronic monitoring for each
32 day of such bail supervision ordered by the court, unless
33 after determining the inability of the defendant to pay
34 the fee, the court assesses a lesser fee or no fee as the
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1 case may be. The fee shall be collected by the clerk of
2 the circuit court. The clerk of the circuit court shall
3 pay all monies collected from this fee to the county
4 treasurer who shall use the monies collected to defray
5 the costs of corrections. The county treasurer shall
6 deposit the fee collected in the county working cash fund
7 under Section 6-27001 or Section 6-29002 of the Counties
8 Code, as the case may be;
9 (15) Comply with the terms and conditions of an
10 order of protection issued by the court under the
11 Illinois Domestic Violence Act of 1986;
12 (16) Under Section 110-6.5 comply with the
13 conditions of the drug testing program; and
14 (17) Such other reasonable conditions as the court
15 may impose.
16 (c) When a person is charged with an offense under
17 Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
18 "Criminal Code of 1961", involving a victim who is a minor
19 under 18 years of age living in the same household with the
20 defendant at the time of the offense, in granting bail or
21 releasing the defendant on his own recognizance, the judge
22 shall impose conditions to restrict the defendant's access to
23 the victim which may include, but are not limited to
24 conditions that he will:
25 1. Vacate the Household.
26 2. Make payment of temporary support to his
27 dependents.
28 3. Refrain from contact or communication with the
29 child victim, except as ordered by the court.
30 (d) When a person is charged with a criminal offense and
31 the victim is a family or household member as defined in
32 Article 112A, conditions shall be imposed at the time of the
33 defendant's release on bond that restrict the defendant's
34 access to the victim. Unless provided otherwise by the court,
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1 the restrictions shall include requirements that the
2 defendant do the following:
3 (1) refrain from contact or communication with the
4 victim for a minimum period of 72 hours following the
5 defendant's release; and
6 (2) refrain from entering or remaining at the
7 victim's residence for a minimum period of 72 hours
8 following the defendant's release.
9 (e) Local law enforcement agencies shall develop
10 standardized bond forms for use in cases involving family or
11 household members as defined in Article 112A, including
12 specific conditions of bond as provided in subsection (d).
13 Failure of any law enforcement department to develop or use
14 those forms shall in no way limit the applicability and
15 enforcement of subsections (d) and (f).
16 (f) If the defendant is admitted to bail after
17 conviction the conditions of the bail bond shall be that he
18 will, in addition to the conditions set forth in subsections
19 (a) and (b) hereof:
20 (1) Duly prosecute his appeal;
21 (2) Appear at such time and place as the court may
22 direct;
23 (3) Not depart this State without leave of the
24 court;
25 (4) Comply with such other reasonable conditions as
26 the court may impose; and,
27 (5) If the judgment is affirmed or the cause
28 reversed and remanded for a new trial, forthwith
29 surrender to the officer from whose custody he was
30 bailed.
31 (Source: P.A. 89-235, eff. 8-4-95; 89-428, eff. 12-13-95;
32 89-462, eff. 5-29-96; 90-399, eff. 1-1-98.)
33 Section 99. Effective date. This Act takes effect upon
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1 becoming law.".