House Sponsors: MITCHELL,BILL-BELLOCK-SCHMITZ-KOSEL-LOPEZ, RIGHTER, CROTTY, MCCARTHY, SCULLY, FOWLER, SILVA, HARRIS, O'CONNOR, LYONS,EILEEN, ZICKUS, MYERS,RICHARD, BOST AND LAWFER. Senate Sponsors: CRONIN-NOLAND-LINK-SULLIVAN-RADOGNO Short description: STUDENT POSSESS FIREARM IN SCH Synopsis of Bill as introduced: 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. HOUSE 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. 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. 1. Makes changes concerning notification procedures. Imposes criminal penalties for certain violations. SENATE AMENDMENT NO. 2. Removes the provision that provides that if the court finds that there is probable cause to believe that the minor is a delinquent minor, that finding shall operate as a determination of urgent and immediate necessity and the minor shall be detained. Provides instead that that finding shall create a presumption that immediate and urgent necessity exists and that once the presumption has been raised, the burden of demonstrating the lack of immediate and urgent necessity shall be on any party that is opposing detention for the minor. Provides that should the court order detention, the minor shall be detained. Last action on Bill: PUBLIC ACT.............................. 91-0011 Last action date: 99-06-04 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 2 END OF INQUIRY Full Text Bill Status