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91_SB0756eng SB756 Engrossed LRB9101848NTsb 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 the principal as soon as the students under his 20 or her supervision and he or she are no longer under 21 immediate danger. A report is not required by this Section 22 when the school official knows that the person in possession 23 of the firearm is a law enforcement official engaged in the 24 conduct of his or her official duties. Any school official 25 acting in good faith who makes such a report under this 26 Section shall have immunity from any civil or criminal 27 liability that might otherwise be incurred as a result of 28 making the report. The identity of the school official 29 making such report shall not be disclosed except as expressly 30 and specifically authorized by law. Knowingly and willfully 31 failing to comply with this Section is a petty offense. A SB756 Engrossed -2- LRB9101848NTsb 1 second or subsequent offense 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 SB756 Engrossed -3- LRB9101848NTsb 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 SB756 Engrossed -4- LRB9101848NTsb 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 operate as a 15 determination of urgent and immediate necessity under 16 subdivision (2) of Section 5-501 of this Act and the minor 17 shall be detained, pending the results of a court-ordered 18 psychological evaluation to determine if the minor is a risk 19 to himself, herself, or others. Upon receipt of the 20 psychological evaluation, the court shall review the 21 determination regarding the existence of urgent and 22 immediate necessity. The court shall consider the 23 psychological evaluation in conjunction with the other 24 factors identified in subdivision (2) of Section 5-501 of 25 this Act in order to make a de novo determination regarding 26 whether it is a matter of immediate and urgent necessity for 27 the protection of the minor or of the person or property of 28 another that the minor be detained or placed in a shelter 29 care facility. In addition to the pre-trial conditions found 30 in Section 5-505 of this Act, the court may order the minor 31 to receive counseling and any other services recommended by 32 the psychological evaluation as a condition for release of 33 the minor. 34 (c) Upon making a determination that the student SB756 Engrossed -5- LRB9101848NTsb 1 presents a risk to himself, herself, or others, the court 2 shall issue an order restraining the student from entering 3 the property of the school if he or she has been suspended or 4 expelled from the school as a result of possessing a firearm. 5 The order shall restrain the student from entering the school 6 and school owned or leased property, including any conveyance 7 owned, leased, or contracted by the school to transport 8 students to or from school or a school-related activity. The 9 order shall remain in effect until such time as the court 10 determines that the student no longer presents a risk to 11 himself, herself, or others. 12 (d) Psychological evaluations ordered pursuant to 13 subsection (b) of this Section and statements made by the 14 minor during the course of these evaluations shall not be 15 admissible on the issue of delinquency during the course of 16 any adjudicatory hearing held under this Act. 17 (e) In this Section: 18 "School" means any public or private elementary or 19 secondary school. 20 "School grounds" includes the real property comprising 21 any school, any conveyance owned, leased, or contracted by a 22 school to transport students to or from school or a 23 school-related activity, or any public way within 1,000 feet 24 of the real property comprising any school. 25 Section 15. The Code of Criminal Procedure of 1963 is 26 amended by changing Sections 110-4 and 110-10 as follows: 27 (725 ILCS 5/110-4) (from Ch. 38, par. 110-4) 28 Sec. 110-4. Bailable Offenses. 29 (a) All persons shall be bailable before conviction, 30 except the following offenses where the proof is evident or 31 the presumption great that the defendant is guilty of the 32 offense: capital offenses; offenses for which a sentence of SB756 Engrossed -6- LRB9101848NTsb 1 life imprisonment may be imposed as a consequence of 2 conviction;orfelony offenses for which a sentence of 3 imprisonment, without conditional and revocable release, 4 shall be imposed by law as a consequence of conviction, where 5 the court after a hearing, determines that the release of the 6 defendant would pose a real and present threat to the 7 physical safety of any person or persons;orstalking or 8 aggravated stalking, where the court, after a hearing, 9 determines that the release of the defendant would pose a 10 real and present threat to the physical safety of the alleged 11 victim of the offense and denial of bail is necessary to 12 prevent fulfillment of the threat upon which the charge is 13 based; or unlawful use of weapons in violation of item (4) of 14 subsection (a) of Section 24-1 of the Criminal Code of 1961 15 when that offense 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, or 18 on any public way within 1,000 feet of real property 19 comprising any school, where the court, after a hearing, 20 determines that the release of the defendant would pose a 21 real and present threat to the physical safety of any person 22 and denial of bail is necessary to prevent fulfillment of 23 that threat. 24 (b) A person seeking release on bail who is charged with 25 a capital offense or an offense for which a sentence of life 26 imprisonment may be imposed shall not be bailable until a 27 hearing is held wherein such person has the burden of 28 demonstrating that the proof of his guilt is not evident and 29 the presumption is not great. 30 (c) Where it is alleged that bail should be denied to a 31 person upon the grounds that the person presents a real and 32 present threat to the physical safety of any person or 33 persons, the burden of proof of such allegations shall be 34 upon the State. SB756 Engrossed -7- LRB9101848NTsb 1 (d) When it is alleged that bail should be denied to a 2 person charged with stalking or aggravated stalking upon the 3 grounds set forth in Section 110-6.3 of this Code, the burden 4 of proof of those allegations shall be upon the State. 5 (Source: P.A. 87-870; 87-871; 88-45.) 6 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10) 7 Sec. 110-10. Conditions of bail bond. 8 (a) If a person is released prior to conviction, either 9 upon payment of bail security or on his or her own 10 recognizance, the conditions of the bail bond shall be that 11 he or she will: 12 (1) Appear to answer the charge in the court having 13 jurisdiction on a day certain and thereafter as ordered 14 by the court until discharged or final order of the 15 court; 16 (2) Submit himself or herself to the orders and 17 process of the court; 18 (3) Not depart this State without leave of the 19 court; 20 (4) Not violate any criminal statute of any 21 jurisdiction;and22 (5) At a time and place designated by the court, 23 surrender all firearms in his or her possession to a law 24 enforcement officer designated by the court to take 25 custody of and impound the firearms when the offense the 26 person has been charged with is a forcible felony, 27 stalking, aggravated stalking, domestic battery, any 28 violation of either the Illinois Controlled Substances 29 Act or the Cannabis Control Act that is classified as a 30 Class 2 or greater felony, or any felony violation of 31 Article 24 of the Criminal Code of 1961;.the court may, 32 however, forego the imposition of this condition when the 33 circumstances of the case clearly do not warrant it or SB756 Engrossed -8- LRB9101848NTsb 1 when its imposition would be impractical;.all legally 2 possessed firearms shall be returned to the person upon 3 that person completing a sentence for a conviction on a 4 misdemeanor domestic battery, upon the charges being 5 dismissed, or if the person is found not guilty, unless 6 the finding of not guilty is by reason of insanity; and.7 (6) At a time and place designated by the court, 8 submit to a psychological evaluation when the person has 9 been charged with a violation of item (4) of subsection 10 (a) of Section 24-1 of the Criminal Code of 1961 and that 11 violation occurred in a school or in any conveyance 12 owned, leased, or contracted by a school to transport 13 students to or from school or a school-related activity, 14 or on any public way within 1,000 feet of real property 15 comprising any school. 16 Psychological evaluations ordered pursuant to this 17 Section shall be completed promptly and made available to the 18 State, the defendant, and the court. As a further condition 19 of bail under these circumstances, the court shall order the 20 defendant to refrain from entering upon the property of the 21 school, including any conveyance owned, leased, or contracted 22 by a school to transport students to or from school or a 23 school-related activity, or on any public way within 1,000 24 feet of real property comprising any school. Upon receipt of 25 the psychological evaluation, either the State or the 26 defendant may request a change in the conditions of bail, 27 pursuant to Section 110-6 of this Code. The court may change 28 the conditions of bail to include a requirement that the 29 defendant follow the recommendations of the psychological 30 evaluation, including undergoing psychiatric treatment. The 31 conclusions of the psychological evaluation and any 32 statements elicited from the defendant during its 33 administration are not admissible as evidence of guilt during 34 the course of any trial on the charged offense, unless the SB756 Engrossed -9- LRB9101848NTsb 1 defendant places his or her mental competency in issue. 2 (b) The court may impose other conditions, such as the 3 following, if the court finds that such conditions are 4 reasonably necessary to assure the defendant's appearance in 5 court, protect the public from the defendant, or prevent the 6 defendant's unlawful interference with the orderly 7 administration of justice: 8 (1) Report to or appear in person before such 9 person or agency as the court may direct; 10 (2) Refrain from possessing a firearm or other 11 dangerous weapon; 12 (3) Refrain from approaching or communicating with 13 particular persons or classes of persons; 14 (4) Refrain from going to certain described 15 geographical areas or premises; 16 (5) Refrain from engaging in certain activities or 17 indulging in intoxicating liquors or in certain drugs; 18 (6) Undergo treatment for drug addiction or 19 alcoholism; 20 (7) Undergo medical or psychiatric treatment; 21 (8) Work or pursue a course of study or vocational 22 training; 23 (9) Attend or reside in a facility designated by 24 the court; 25 (10) Support his or her dependents; 26 (11) If a minor resides with his or her parents or 27 in a foster home, attend school, attend a non-residential 28 program for youths, and contribute to his or her own 29 support at home or in a foster home; 30 (12) Observe any curfew ordered by the court; 31 (13) Remain in the custody of such designated 32 person or organization agreeing to supervise his release. 33 Such third party custodian shall be responsible for 34 notifying the court if the defendant fails to observe the SB756 Engrossed -10- LRB9101848NTsb 1 conditions of release which the custodian has agreed to 2 monitor, and shall be subject to contempt of court for 3 failure so to notify the court; 4 (14) Be placed under direct supervision of the 5 Pretrial Services Agency, Probation Department or Court 6 Services Department in a pretrial bond home supervision 7 capacity with or without the use of an approved 8 electronic monitoring device subject to Article 8A of 9 Chapter V of the Unified Code of Corrections; or 10 (14.1) The court shall impose upon a defendant who 11 is charged with any alcohol, cannabis or controlled 12 substance violation and is placed under direct 13 supervision of the Pretrial Services Agency, Probation 14 Department or Court Services Department in a pretrial 15 bond home supervision capacity with the use of an 16 approved monitoring device, as a condition of such bail 17 bond, a fee not to exceed $5 for each day of such bail 18 supervision ordered by the court, unless after 19 determining the inability of the defendant to pay the 20 fee, the court assesses a lesser fee or no fee as the 21 case may be. The fee shall be collected by the clerk of 22 the circuit court. The clerk of the circuit court shall 23 pay all monies collected from this fee to the county 24 treasurer for deposit in the substance abuse services 25 fund under Section 5-1086.1 of the Counties Code; 26 (14.2) The court shall impose upon all defendants, 27 including those defendants subject to paragraph (14.1) 28 above, placed under direct supervision of the Pretrial 29 Services Agency, Probation Department or Court Services 30 Department in a pretrial bond home supervision capacity 31 with the use of an approved monitoring device, as a 32 condition of such bail bond, a fee which shall represent 33 costs incidental to such electronic monitoring for each 34 day of such bail supervision ordered by the court, unless SB756 Engrossed -11- LRB9101848NTsb 1 after determining the inability of the defendant to pay 2 the fee, the court assesses a lesser fee or no fee as the 3 case may be. The fee shall be collected by the clerk of 4 the circuit court. The clerk of the circuit court shall 5 pay all monies collected from this fee to the county 6 treasurer who shall use the monies collected to defray 7 the costs of corrections. The county treasurer shall 8 deposit the fee collected in the county working cash fund 9 under Section 6-27001 or Section 6-29002 of the Counties 10 Code, as the case may be; 11 (15) Comply with the terms and conditions of an 12 order of protection issued by the court under the 13 Illinois Domestic Violence Act of 1986; 14 (16) Under Section 110-6.5 comply with the 15 conditions of the drug testing program; and 16 (17) Such other reasonable conditions as the court 17 may impose. 18 (c) When a person is charged with an offense under 19 Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the 20 "Criminal Code of 1961", involving a victim who is a minor 21 under 18 years of age living in the same household with the 22 defendant at the time of the offense, in granting bail or 23 releasing the defendant on his own recognizance, the judge 24 shall impose conditions to restrict the defendant's access to 25 the victim which may include, but are not limited to 26 conditions that he will: 27 1. Vacate the Household. 28 2. Make payment of temporary support to his 29 dependents. 30 3. Refrain from contact or communication with the 31 child victim, except as ordered by the court. 32 (d) When a person is charged with a criminal offense and 33 the victim is a family or household member as defined in 34 Article 112A, conditions shall be imposed at the time of the SB756 Engrossed -12- LRB9101848NTsb 1 defendant's release on bond that restrict the defendant's 2 access to the victim. Unless provided otherwise by the court, 3 the restrictions shall include requirements that the 4 defendant do the following: 5 (1) refrain from contact or communication with the 6 victim for a minimum period of 72 hours following the 7 defendant's release; and 8 (2) refrain from entering or remaining at the 9 victim's residence for a minimum period of 72 hours 10 following the defendant's release. 11 (e) Local law enforcement agencies shall develop 12 standardized bond forms for use in cases involving family or 13 household members as defined in Article 112A, including 14 specific conditions of bond as provided in subsection (d). 15 Failure of any law enforcement department to develop or use 16 those forms shall in no way limit the applicability and 17 enforcement of subsections (d) and (f). 18 (f) If the defendant is admitted to bail after 19 conviction the conditions of the bail bond shall be that he 20 will, in addition to the conditions set forth in subsections 21 (a) and (b) hereof: 22 (1) Duly prosecute his appeal; 23 (2) Appear at such time and place as the court may 24 direct; 25 (3) Not depart this State without leave of the 26 court; 27 (4) Comply with such other reasonable conditions as 28 the court may impose; and, 29 (5) If the judgment is affirmed or the cause 30 reversed and remanded for a new trial, forthwith 31 surrender to the officer from whose custody he was 32 bailed. 33 (Source: P.A. 89-235, eff. 8-4-95; 89-428, eff. 12-13-95; 34 89-462, eff. 5-29-96; 90-399, eff. 1-1-98.) SB756 Engrossed -13- LRB9101848NTsb 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.