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Public Act 91-0011
HB1194 Enrolled LRB9103697NTsb
AN ACT concerning schools, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing
Section 10-27.1A as follows:
(105 ILCS 5/10-27.1A)
Sec. 10-27.1A. Reporting Firearms in schools.
(a) All school officials, including teachers, guidance
counselors, and support staff, shall immediately notify the
office of the principal in the event that they observe any
person in possession of a firearm on school grounds; provided
that taking such immediate action to notify the office of the
principal would not immediately endanger the health, safety,
or welfare of students who are under the direct supervision
of the school official or the school official. If the
health, safety, or welfare of students under the direct
supervision of the school official or of the school official
is immediately endangered, the school official shall notify
the office of principal as soon as the students under his or
her supervision and he or she are no longer under immediate
danger. A report is not required by this Section when the
school official knows that the person in possession of the
firearm is a law enforcement official engaged in the conduct
of his or her official duties. Any school official acting in
good faith who makes such a report under this Section shall
have immunity from any civil or criminal liability that might
otherwise be incurred as a result of making the report. The
identity of the school official making such report shall not
be disclosed except as expressly and specifically authorized
by law. Knowingly and willfully failing to comply with this
Section is a petty offense. A second or subsequent offense
is a Class C misdemeanor.
(b) Upon receiving a report from any school official
pursuant to this Section, or from any other person, the
principal or his or her designee shall immediately notify a
local law enforcement agency. If the person found to be in
possession of a firearm on school grounds is a student, the
principal or his or her designee shall also immediately
notify that student's parent or guardian. Any principal or
his or her designee acting in good faith who makes such
reports under this Section shall have immunity from any civil
or criminal liability that might otherwise be incurred or
imposed as a result of making the reports. Knowingly and
willfully failing to comply with this Section is a petty
offense. A second or subsequent offense is a Class C
misdemeanor. If the person found to be in possession of the
firearm on school grounds is a minor, the law enforcement
agency shall detain that minor until such time as the agency
makes a determination pursuant to clause (a) of subsection
(1) of Section 5-401 of the Juvenile Court Act of 1987, as to
whether the agency reasonably believes that the minor is
delinquent. If the law enforcement agency determines that
probable cause exists to believe that the minor committed a
violation of item (4) of subsection (a) of Section 24-1 of
the Criminal Code of 1961 while on school grounds, the agency
shall detain the minor for processing pursuant to Section
5-407 of the Juvenile Court Act of 1987.
(c) On or after January 1, 1997, upon receipt of any
written, electronic, or verbal report from any school
personnel regarding a verified incident involving a firearm
in a school or on school owned or leased property, including
any conveyance owned, leased, or used by the school for the
transport of students or school personnel, the superintendent
or his or her designee shall report all such firearm-related
incidents occurring in a school or on school property to the
local law enforcement authorities immediately no later than
24 hours after the occurrence of the incident and to the
Department of State Police in a form, manner, and frequency
as prescribed by the Department of State Police.
The State Board of Education shall receive an annual
statistical compilation and related data associated with
incidents involving firearms in schools from the Department
of State Police.
(d) As used in this Section, the term "firearm" shall
have the meaning ascribed to it in Section 1.1 of the Firearm
Owners Identification Card Act.
As used in this Section, the term "school" means any
public or private elementary or secondary school.
As used in this Section, the term "school grounds"
includes the real property comprising any school, any
conveyance owned, leased, or contracted by a school to
transport students to or from school or a school-related
activity, or any public way within 1,000 feet of the real
property comprising any school.
(Source: P.A. 89-498, eff. 6-27-96.)
Section 10. The Juvenile Court Act of 1987 is amended by
adding Section 5-407 as follows:
(705 ILCS 405/5-407 new)
Sec. 5-407. Processing of juvenile in possession of a
firearm.
(a) If a law enforcement officer detains a minor
pursuant to Section 10-27.1A of the School Code, the officer
shall deliver the minor to the nearest juvenile officer, in
the manner prescribed by subsection (2) of Section 5-405 of
this Act. The juvenile officer shall deliver the minor
without unnecessary delay to the court or to the place
designated by rule or order of court for the reception of
minors. In no event shall the minor be eligible for any
other disposition by the juvenile police officer,
notwithstanding the provisions of subsection (3) of Section
5-405 of this Act.
(b) Minors not excluded from this Act's jurisdiction
under subsection (3)(a) of Section 5-130 of this Act shall be
brought before a judicial officer within 40 hours, exclusive
of Saturdays, Sundays, and court-designated holidays, for a
detention hearing to determine whether he or she shall be
further held in custody. If the court finds that there is
probable cause to believe that the minor is a delinquent
minor by virtue of his or her violation of item (4) of
subsection (a) of Section 24-1 of the Criminal Code of 1961
while on school grounds, that finding shall create a
presumption that immediate and urgent necessity exists under
subdivision (2) of Section 5-501 of this Act. Once the
presumption of immediate and urgent necessity 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. Should the court order detention
pursuant to this Section, the minor shall be detained,
pending the results of a court-ordered psychological
evaluation to determine if the minor is a risk to himself,
herself, or others. Upon receipt of the psychological
evaluation, the court shall review the determination
regarding the existence of urgent and immediate necessity.
The court shall consider the psychological evaluation in
conjunction with the other factors identified in subdivision
(2) of Section 5-501 of this Act in order to make a de novo
determination regarding whether it is a matter of immediate
and urgent necessity for the protection of the minor or of
the person or property of another that the minor be detained
or placed in a shelter care facility. In addition to the
pre-trial conditions found in Section 5-505 of this Act, the
court may order the minor to receive counseling and any other
services recommended by the psychological evaluation as a
condition for release of the minor.
(c) Upon making a determination that the student
presents a risk to himself, herself, or others, the court
shall issue an order restraining the student from entering
the property of the school if he or she has been suspended or
expelled from the school as a result of possessing a firearm.
The order shall restrain the student from entering the school
and school owned or leased property, including any conveyance
owned, leased, or contracted by the school to transport
students to or from school or a school-related activity. The
order shall remain in effect until such time as the court
determines that the student no longer presents a risk to
himself, herself, or others.
(d) Psychological evaluations ordered pursuant to
subsection (b) of this Section and statements made by the
minor during the course of these evaluations, shall not be
admissible on the issue of delinquency during the course of
any adjudicatory hearing held under this Act.
(e) In this Section:
"School" means any public or private elementary or
secondary school.
"School grounds" includes the real property comprising
any school, any conveyance owned, leased, or contracted by a
school to transport students to or from school or a
school-related activity, or any public way within 1,000 feet
of the real property comprising any school.
Section 15. The Code of Criminal Procedure of 1963 is
amended by changing Sections 110-4 and 110-10 as follows:
(725 ILCS 5/110-4) (from Ch. 38, par. 110-4)
Sec. 110-4. Bailable Offenses.
(a) All persons shall be bailable before conviction,
except the following offenses where the proof is evident or
the presumption great that the defendant is guilty of the
offense: capital offenses; offenses for which a sentence of
life imprisonment may be imposed as a consequence of
conviction; or felony offenses for which a sentence of
imprisonment, without conditional and revocable release,
shall be imposed by law as a consequence of conviction, where
the court after a hearing, determines that the release of the
defendant would pose a real and present threat to the
physical safety of any person or persons; or stalking or
aggravated stalking, where the court, after a hearing,
determines that the release of the defendant would pose a
real and present threat to the physical safety of the alleged
victim of the offense and denial of bail is necessary to
prevent fulfillment of the threat upon which the charge is
based; or unlawful use of weapons in violation of item (4) of
subsection (a) of Section 24-1 of the Criminal Code of 1961
when that offense occurred in a school or in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school-related activity, or
on any public way within 1,000 feet of real property
comprising any school, where the court, after a hearing,
determines that the release of the defendant would pose a
real and present threat to the physical safety of any person
and denial of bail is necessary to prevent fulfillment of
that threat.
(b) A person seeking release on bail who is charged with
a capital offense or an offense for which a sentence of life
imprisonment may be imposed shall not be bailable until a
hearing is held wherein such person has the burden of
demonstrating that the proof of his guilt is not evident and
the presumption is not great.
(c) Where it is alleged that bail should be denied to a
person upon the grounds that the person presents a real and
present threat to the physical safety of any person or
persons, the burden of proof of such allegations shall be
upon the State.
(d) When it is alleged that bail should be denied to a
person charged with stalking or aggravated stalking upon the
grounds set forth in Section 110-6.3 of this Code, the burden
of proof of those allegations shall be upon the State.
(Source: P.A. 87-870; 87-871; 88-45.)
(725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
Sec. 110-10. Conditions of bail bond.
(a) If a person is released prior to conviction, either
upon payment of bail security or on his or her own
recognizance, the conditions of the bail bond shall be that
he or she will:
(1) Appear to answer the charge in the court having
jurisdiction on a day certain and thereafter as ordered
by the court until discharged or final order of the
court;
(2) Submit himself or herself to the orders and
process of the court;
(3) Not depart this State without leave of the
court;
(4) Not violate any criminal statute of any
jurisdiction; and
(5) At a time and place designated by the court,
surrender all firearms in his or her possession to a law
enforcement officer designated by the court to take
custody of and impound the firearms when the offense the
person has been charged with is a forcible felony,
stalking, aggravated stalking, domestic battery, any
violation of either the Illinois Controlled Substances
Act or the Cannabis Control Act that is classified as a
Class 2 or greater felony, or any felony violation of
Article 24 of the Criminal Code of 1961;. the court may,
however, forego the imposition of this condition when the
circumstances of the case clearly do not warrant it or
when its imposition would be impractical;. all legally
possessed firearms shall be returned to the person upon
that person completing a sentence for a conviction on a
misdemeanor domestic battery, upon the charges being
dismissed, or if the person is found not guilty, unless
the finding of not guilty is by reason of insanity; and.
(6) At a time and place designated by the court,
submit to a psychological evaluation when the person has
been charged with a violation of item (4) of subsection
(a) of Section 24-1 of the Criminal Code of 1961 and that
violation occurred in a school or in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school-related activity,
or on any public way within 1,000 feet of real property
comprising any school.
Psychological evaluations ordered pursuant to this
Section shall be completed promptly and made available to the
State, the defendant, and the court. As a further condition
of bail under these circumstances, the court shall order the
defendant to refrain from entering upon the property of the
school, including any conveyance owned, leased, or contracted
by a school to transport students to or from school or a
school-related activity, or on any public way within 1,000
feet of real property comprising any school. Upon receipt of
the psychological evaluation, either the State or the
defendant may request a change in the conditions of bail,
pursuant to Section 110-6 of this Code. The court may change
the conditions of bail to include a requirement that the
defendant follow the recommendations of the psychological
evaluation, including undergoing psychiatric treatment. The
conclusions of the psychological evaluation and any
statements elicited from the defendant during its
administration are not admissible as evidence of guilt during
the course of any trial on the charged offense, unless the
defendant places his or her mental competency in issue.
(b) The court may impose other conditions, such as the
following, if the court finds that such conditions are
reasonably necessary to assure the defendant's appearance in
court, protect the public from the defendant, or prevent the
defendant's unlawful interference with the orderly
administration of justice:
(1) Report to or appear in person before such
person or agency as the court may direct;
(2) Refrain from possessing a firearm or other
dangerous weapon;
(3) Refrain from approaching or communicating with
particular persons or classes of persons;
(4) Refrain from going to certain described
geographical areas or premises;
(5) Refrain from engaging in certain activities or
indulging in intoxicating liquors or in certain drugs;
(6) Undergo treatment for drug addiction or
alcoholism;
(7) Undergo medical or psychiatric treatment;
(8) Work or pursue a course of study or vocational
training;
(9) Attend or reside in a facility designated by
the court;
(10) Support his or her dependents;
(11) If a minor resides with his or her parents or
in a foster home, attend school, attend a non-residential
program for youths, and contribute to his or her own
support at home or in a foster home;
(12) Observe any curfew ordered by the court;
(13) Remain in the custody of such designated
person or organization agreeing to supervise his release.
Such third party custodian shall be responsible for
notifying the court if the defendant fails to observe the
conditions of release which the custodian has agreed to
monitor, and shall be subject to contempt of court for
failure so to notify the court;
(14) Be placed under direct supervision of the
Pretrial Services Agency, Probation Department or Court
Services Department in a pretrial bond home supervision
capacity with or without the use of an approved
electronic monitoring device subject to Article 8A of
Chapter V of the Unified Code of Corrections; or
(14.1) The court shall impose upon a defendant who
is charged with any alcohol, cannabis or controlled
substance violation and is placed under direct
supervision of the Pretrial Services Agency, Probation
Department or Court Services Department in a pretrial
bond home supervision capacity with the use of an
approved monitoring device, as a condition of such bail
bond, a fee not to exceed $5 for each day of such bail
supervision ordered by the court, unless after
determining the inability of the defendant to pay the
fee, the court assesses a lesser fee or no fee as the
case may be. The fee shall be collected by the clerk of
the circuit court. The clerk of the circuit court shall
pay all monies collected from this fee to the county
treasurer for deposit in the substance abuse services
fund under Section 5-1086.1 of the Counties Code;
(14.2) The court shall impose upon all defendants,
including those defendants subject to paragraph (14.1)
above, placed under direct supervision of the Pretrial
Services Agency, Probation Department or Court Services
Department in a pretrial bond home supervision capacity
with the use of an approved monitoring device, as a
condition of such bail bond, a fee which shall represent
costs incidental to such electronic monitoring for each
day of such bail supervision ordered by the court, unless
after determining the inability of the defendant to pay
the fee, the court assesses a lesser fee or no fee as the
case may be. The fee shall be collected by the clerk of
the circuit court. The clerk of the circuit court shall
pay all monies collected from this fee to the county
treasurer who shall use the monies collected to defray
the costs of corrections. The county treasurer shall
deposit the fee collected in the county working cash fund
under Section 6-27001 or Section 6-29002 of the Counties
Code, as the case may be;
(15) Comply with the terms and conditions of an
order of protection issued by the court under the
Illinois Domestic Violence Act of 1986;
(16) Under Section 110-6.5 comply with the
conditions of the drug testing program; and
(17) Such other reasonable conditions as the court
may impose.
(c) When a person is charged with an offense under
Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
"Criminal Code of 1961", involving a victim who is a minor
under 18 years of age living in the same household with the
defendant at the time of the offense, in granting bail or
releasing the defendant on his own recognizance, the judge
shall impose conditions to restrict the defendant's access to
the victim which may include, but are not limited to
conditions that he will:
1. Vacate the Household.
2. Make payment of temporary support to his
dependents.
3. Refrain from contact or communication with the
child victim, except as ordered by the court.
(d) When a person is charged with a criminal offense and
the victim is a family or household member as defined in
Article 112A, conditions shall be imposed at the time of the
defendant's release on bond that restrict the defendant's
access to the victim. Unless provided otherwise by the court,
the restrictions shall include requirements that the
defendant do the following:
(1) refrain from contact or communication with the
victim for a minimum period of 72 hours following the
defendant's release; and
(2) refrain from entering or remaining at the
victim's residence for a minimum period of 72 hours
following the defendant's release.
(e) Local law enforcement agencies shall develop
standardized bond forms for use in cases involving family or
household members as defined in Article 112A, including
specific conditions of bond as provided in subsection (d).
Failure of any law enforcement department to develop or use
those forms shall in no way limit the applicability and
enforcement of subsections (d) and (f).
(f) If the defendant is admitted to bail after
conviction the conditions of the bail bond shall be that he
will, in addition to the conditions set forth in subsections
(a) and (b) hereof:
(1) Duly prosecute his appeal;
(2) Appear at such time and place as the court may
direct;
(3) Not depart this State without leave of the
court;
(4) Comply with such other reasonable conditions as
the court may impose; and,
(5) If the judgment is affirmed or the cause
reversed and remanded for a new trial, forthwith
surrender to the officer from whose custody he was
bailed.
(Source: P.A. 89-235, eff. 8-4-95; 89-428, eff. 12-13-95;
89-462, eff. 5-29-96; 90-399, eff. 1-1-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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