Senate Sponsors: CRONIN-SULLIVAN-RADOGNO-JONES,W-DILLARD, GEO-KARIS, LINK AND NOLAND. House Sponsors: DANIELS-LANG-MITCHELL,BILL-BELLOCK-SCHMITZ 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. SENATE 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 if the court determines that the person's release would pose a real and present threat to the physical safety of another. 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. 3. Further amends the School Code. Makes changes concerning notification procedures. Imposes criminal penalties for certain violations. HOUSE AMENDMENT NO. 1. (Tabled May 20, 1999) Adds reference to: 720 ILCS 5/24-9 new 720 ILCS 5/24-9.1 new Amends the Criminal Code of 1961. Creates the offense of unlawful storage of a firearm. Prohibits a person from negligently keeping a loaded firearm within any premises or vehicle that is under his or her control so that a child under 14 who is not supervised is likely to be able to gain access to the firearm, and the child gains access to the firearm and possesses, uses, or exhibits it either in a public place or in a negligent, suicidal, threatening, or assaultive manner. Establishes rebuttable presumptions. Penalty is a Class C misdemeanor for a first offense and a Class A misdemeanor for a second or subsequent offense. Requires a commerical seller of firearms to deliver a written warning to a purchaser of a firearm that it is un- lawful, and punishable by imprisonment and a fine, for a person to store or leave a firearm in a place within the reach or easy access of a minor under 14 years of age. Penalty is a petty offense with a $500 maximum fine. FISCAL NOTE (State Board of Education) Local governments and SBE should incur no increased expendi- tures or additional costs. SB756 does not specify who is to pay for the psychological evaluations, which would cost between $500 - $1,000 per student. Number of students is unknown. STATE MANDATES NOTE (State Board of Education) Same as SBE fiscal note. FISCAL NOTE, H-AM 1 (Dept. of Corrections) No corrections population or fiscal impact. CORRECTIONAL NOTE, H-AM 1 (Dept. of Corrections) Same as DOC fiscal note. Last action on Bill: TOTAL VETO STANDS Last action date: 99-11-18 Location: Senate Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 0 SENATE - 2 END OF INQUIRY Full Text Bill Status