99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1550

 

Introduced 2/20/2015, by Sen. Napoleon Harris, III

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-21.7  from Ch. 122, par. 10-21.7
105 ILCS 5/10-27.1A
105 ILCS 5/10-27.1B
105 ILCS 5/22-80 new
105 ILCS 5/34-8.05
105 ILCS 5/34-84a.1 rep.

    Amends the School Code. Makes changes concerning reporting attacks on school personnel, including adding aggravated battery, assault, aggravated assault, criminal sexual assault, and criminal homicide as incidents that must be reported; reporting firearms in schools; and reporting drug-related incidents in schools, including adding drug paraphernalia to the definition of "drug". Sets forth provisions requiring the principal of any public or private elementary or secondary school (instead of just the principal of a Chicago public school) to report incidents of intimidation. Provides that a local law enforcement authority shall, by March 1 of each year, report certain data from the previous year to the Department of State Police's Illinois Uniform Crime Reporting Program. Removes provisions requiring the State Board of Education to compile certain information by school district and make it available to the public.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
510-21.7, 10-27.1A, 10-27.1B, and 34-8.05 and by adding Section
622-80 as follows:
 
7    (105 ILCS 5/10-21.7)  (from Ch. 122, par. 10-21.7)
8    Sec. 10-21.7. Attacks on school personnel.
9    (a) In this the Section, "school" means any entity subject
10to regulation under this Code public or private elementary or
11secondary school.
12    (b) Upon receipt of a written complaint from any school
13personnel, the principal or his or her designee superintendent,
14or other appropriate administrative officer for a private
15school, shall report all incidents of battery, aggravated
16battery, assault, aggravated assault, criminal sexual assault,
17or criminal homicide committed against teachers, teacher
18personnel, administrative personnel or educational support
19personnel to the local law enforcement authorities immediately
20after the occurrence of the attack and to the Department of
21State Police's Illinois Uniform Crime Reporting Program no
22later than 3 days after the occurrence of the attack. The local
23law enforcement authority shall, by March 1 of each year,

 

 

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1report the required data from the previous year to the
2Department of State Police's Illinois Uniform Crime Reporting
3Program. The State Board of Education shall receive monthly as
4well as annual statistical compilations of attacks on school
5personnel from the Department of State Police through the
6Illinois Uniform Crime Reporting Program. The State Board of
7Education shall compile this information by school district and
8make it available to the public.
9(Source: P.A. 91-491, eff. 8-13-99.)
 
10    (105 ILCS 5/10-27.1A)
11    Sec. 10-27.1A. Firearms in schools.
12    (a) As used in this Section:
13    "Firearm" shall have the meaning ascribed to it in Section
141.1 of the Firearm Owners Identification Card Act.
15    "School" means any entity subject to regulation under this
16Code.
17    "School grounds" includes the real property comprising any
18school, any conveyance owned, leased, or contracted by a school
19to transport students to or from school or a school-related
20activity, or any public way within 1,000 feet of the real
21property comprising any school.
22    (b) (a) All school officials, including teachers, guidance
23counselors, and support staff, shall immediately notify the
24office of the principal in the event that they observe any
25person in possession of a firearm on school grounds; provided

 

 

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1that taking such immediate action to notify the office of the
2principal would not immediately endanger the health, safety, or
3welfare of students who are under the direct supervision of the
4school official or the school official. If the health, safety,
5or welfare of students under the direct supervision of the
6school official or of the school official is immediately
7endangered, the school official shall notify the office of the
8principal as soon as the students under his or her supervision
9and he or she are no longer under immediate danger. A report is
10not required by this Section when the school official knows
11that the person in possession of the firearm is a law
12enforcement official engaged in the conduct of his or her
13official duties. Any school official acting in good faith who
14makes such a report under this Section shall have immunity from
15any civil or criminal liability that might otherwise be
16incurred as a result of making the report. The identity of the
17school official making such report shall not be disclosed
18except as expressly and specifically authorized by law.
19Knowingly and willfully failing to comply with this Section is
20a petty offense. A second or subsequent offense is a Class C
21misdemeanor.
22    (c) (b) Upon receiving a report from any school official
23pursuant to this Section, or from any other person, the
24principal or his or her designee shall immediately notify a
25local law enforcement agency. If the person found to be in
26possession of a firearm on school grounds is a student, the

 

 

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1principal or his or her designee shall also immediately notify
2that student's parent or guardian. Any principal or his or her
3designee acting in good faith who makes such reports under this
4Section shall have immunity from any civil or criminal
5liability that might otherwise be incurred or imposed as a
6result of making the reports. Knowingly and willfully failing
7to comply with this Section is a petty offense. A second or
8subsequent offense is a Class C misdemeanor. If the person
9found to be in possession of the firearm on school grounds is a
10minor, the law enforcement agency shall detain that minor until
11such time as the agency makes a determination pursuant to
12clause (a) of subsection (1) of Section 5-401 of the Juvenile
13Court Act of 1987, as to whether the agency reasonably believes
14that the minor is delinquent. If the law enforcement agency
15determines that probable cause exists to believe that the minor
16committed a violation of item (4) of subsection (a) of Section
1724-1 of the Criminal Code of 2012 while on school grounds, the
18agency shall detain the minor for processing pursuant to
19Section 5-407 of the Juvenile Court Act of 1987.
20    (d) (c) On or after January 1, 1997, upon receipt of any
21written, electronic, or verbal report from any school personnel
22regarding a verified incident involving a firearm in a school
23or on school owned or leased property, including any conveyance
24owned, leased, or used by the school for the transport of
25students or school personnel, the superintendent or his or her
26designee shall report all such firearm-related incidents

 

 

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1occurring in a school or on school property to the local law
2enforcement authorities immediately and to the Department of
3State Police in a form, manner, and frequency as prescribed by
4the Department of State Police. The local law enforcement
5authority shall, by March 1 of each year, report the required
6data from the previous year to the Department of State Police's
7Illinois Uniform Crime Reporting Program.
8    The State Board of Education shall receive an annual
9statistical compilation and related data associated with
10incidents involving firearms in schools from the Department of
11State Police. The State Board of Education shall compile this
12information by school district and make it available to the
13public.
14    (d) As used in this Section, the term "firearm" shall have
15the meaning ascribed to it in Section 1.1 of the Firearm Owners
16Identification Card Act.
17    As used in this Section, the term "school" means any public
18or private elementary or secondary school.
19    As used in this Section, the term "school grounds" includes
20the real property comprising any school, any conveyance owned,
21leased, or contracted by a school to transport students to or
22from school or a school-related activity, or any public way
23within 1,000 feet of the real property comprising any school.
24(Source: P.A. 97-1150, eff. 1-25-13.)
 
25    (105 ILCS 5/10-27.1B)

 

 

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1    Sec. 10-27.1B. Reporting drug-related incidents in
2schools.
3    (a) In this Section:
4    "Drug" means "cannabis" as defined under subsection (a) of
5Section 3 of the Cannabis Control Act, "narcotic drug" as
6defined under subsection (aa) of Section 102 of the Illinois
7Controlled Substances Act, "drug paraphernalia" as defined
8under subsection (d) of Section 2 of the Drug Paraphernalia
9Control Act, or "methamphetamine" as defined under Section 10
10of the Methamphetamine Control and Community Protection Act.
11    "School" means any entity subject to regulation under this
12Code public or private elementary or secondary school.
13    (b) Upon receipt of any written, electronic, or verbal
14report from any school personnel regarding a verified incident
15involving drugs in a school or on school owned or leased
16property, including any conveyance owned, leased, or used by
17the school for the transport of students or school personnel,
18the principal superintendent or his or her designee, or other
19appropriate administrative officer for a private school, shall
20report all such drug-related incidents occurring in a school or
21on school property to the local law enforcement authorities
22immediately and to the Department of State Police in a form,
23manner, and frequency as prescribed by the Department of State
24Police. The local law enforcement authority shall, by March 1
25of each year, report the required data from the previous year
26to the Department of State Police's Illinois Uniform Crime

 

 

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1Reporting Program.
2    (c) The State Board of Education shall receive an annual
3statistical compilation and related data associated with
4drug-related incidents in schools from the Department of State
5Police. The State Board of Education shall compile this
6information by school district and make it available to the
7public.
8(Source: P.A. 94-556, eff. 9-11-05.)
 
9    (105 ILCS 5/22-80 new)
10    Sec. 22-80. Principals shall report incidents of
11intimidation.
12    (a) In this Section:
13    "Intimidation" shall have the meaning ascribed to it by
14Section 12-6 of the Criminal Code of 2012.
15    "School" means any entity subject to regulation under this
16Code.
17    (b) The principal of each public or private elementary or
18secondary school shall promptly notify and report to the local
19law enforcement authorities each incident of intimidation of
20which he or she has knowledge and each alleged incident of
21intimidation that is reported to him or her, either orally or
22in writing, by any pupil or by any teacher or other licensed or
23non-licensed personnel employed at the school. The local law
24enforcement authority shall, by March 1 of each year, report
25the required data from the previous year to the Department of

 

 

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1State Police's Illinois Uniform Crime Reporting Program.
 
2    (105 ILCS 5/34-8.05)
3    Sec. 34-8.05. Reporting firearms in schools.
4    (a) As used in this Section, the term "firearm" shall have
5the meaning ascribed to it in Section 1.1 of the Firearm Owners
6Identification Card Act.
7    (b) On or after January 1, 1997, upon receipt of any
8written, electronic, or verbal report from any school personnel
9regarding a verified incident involving a firearm in a school
10or on school owned or leased property, including any conveyance
11owned, leased, or used by the school for the transport of
12students or school personnel, the general superintendent or his
13or her designee shall report all such firearm-related incidents
14occurring in a school or on school property to the local law
15enforcement authorities no later than 24 hours after the
16occurrence of the incident and to the Department of State
17Police in a form, manner, and frequency as prescribed by the
18Department of State Police. The local law enforcement authority
19shall, by March 1 of each year, report the required data from
20the previous year to the Department of State Police's Illinois
21Uniform Crime Reporting Program.
22    (c) The State Board of Education shall receive an annual
23statistical compilation and related data associated with
24incidents involving firearms in schools from the Department of
25State Police. As used in this Section, the term "firearm" shall

 

 

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1have the meaning ascribed to it in Section 1.1 of the Firearm
2Owners Identification Card Act.
3(Source: P.A. 89-498, eff. 6-27-96.)
 
4    (105 ILCS 5/34-84a.1 rep.)
5    Section 10. The School Code is amended by repealing Section
634-84a.1.