CROTTY, MCCARTHY, SCULLY, FOWLER, SILVA, HARRIS,
O'CONNOR, LYONS,EILEEN, ZICKUS, MYERS,RICHARD,
BOST AND LAWFER.
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
Last action on Bill: PUBLIC ACT.............................. 91-0011
Last action date: 99-06-04
Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 2
END OF INQUIRY
Full Text Bill Status