Bill Status of HB1579  101st General Assembly

Short Description:  DISORDERLY CONDUCT-SCHL-MINOR

House Sponsors
Rep. Kelly M. Burke - John M. Cabello

Senate Sponsors
(Sen. Bill Cunningham - Kimberly A. Lightford, Rachelle Crowe and Laura M. Murphy)

Last Action
DateChamber Action
  8/9/2019HousePublic Act . . . . . . . . . 101-0238

Statutes Amended In Order of Appearance
705 ILCS 405/5-705
720 ILCS 5/26-1from Ch. 38, par. 26-1


Synopsis As Introduced
Amends the Juvenile Court Act of 1987. Provides that before a sentencing order is entered by the court for a minor adjudged delinquent for disorderly conduct by transmitting or causing to be transmitted in any manner a threat of destruction of a school building or school property, or a threat of violence, death, or bodily harm directed against persons at a school, school function, or school event, whether or not school is in session, in which the minor made a threat of violence, death, or bodily harm against a person, school, school function, or school event, the court shall order a mental health evaluation of the minor by a physician, clinical psychologist, or qualified examiner, whether employed by the State, by any public or private mental health facility or part of the facility, or by any public or private medical facility or part of the facility. Provides that a statement made by a minor during the course of a mental health evaluation conducted under the Act is not admissible on the issue of delinquency during the course of an adjudicatory hearing held under the Act. Amends the Criminal Code of 2012 concerning disorderly conduct. Provides that the threat may be made in any manner. Provides that reimbursement by the defendant for the costs of an emergency response to a school does not apply if the court determines that the defendant is indigent.

House Floor Amendment No. 1
Provides that before a sentencing order is entered by the court for a minor adjudged delinquent for disorderly conduct by transmitting or causing to be transmitted in any manner a threat of destruction of a school building or school property, or a threat of violence, death, or bodily harm directed against persons at a school, school function, or school event, whether or not school is in session, in which the minor made a threat of violence, death, or bodily harm against a person, school, school function, or school event, the court may (in the introduced bill, shall) order a mental health evaluation of the minor by a physician, clinical psychologist, or qualified examiner, whether employed by the State, by any public or private mental health facility or part of the facility, or by any public or private medical facility or part of the facility.

Senate Committee Amendment No. 1
In the amendatory changes to the Criminal Code of 2012, provides that the requirement for reimbursement of the unit of government for an emergency response only applies to false alarm of a threat that a bomb or explosive device has been placed in the school (rather than any emergency response to the school). Requires a person convicted of a false alarm that a bomb, explosive of any nature or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in a place where its explosion or release would endanger human life to reimburse the public agency for the reasonable costs of the emergency response by the public agency up to $10,000.

Senate Committee Amendment No. 2
In the amendatory changes to the Juvenile Court Act of 1987, provides that neither the physician, clinical psychologist, qualified examiner, or his or her employer shall be held criminally, civilly, or professionally liable for performing a mental health examination before the court enters a sentencing order for a minor adjudicated delinquent for a disorderly conduct violation of making a threat of violence, death, or bodily harm against a person, school, school function, or school event, except for willful or wanton misconduct.

Actions 
DateChamber Action
  1/30/2019HouseFiled with the Clerk by Rep. Kelly M. Burke
  2/1/2019HouseFirst Reading
  2/1/2019HouseReferred to Rules Committee
  2/13/2019HouseAssigned to Judiciary - Criminal Committee
  3/26/2019HouseDo Pass / Short Debate Judiciary - Criminal Committee; 019-000-000
  3/29/2019HousePlaced on Calendar 2nd Reading - Short Debate
  3/29/2019HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Kelly M. Burke
  3/29/2019HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/2/2019HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  4/10/2019HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary - Criminal Committee; 013-000-000
  4/10/2019HouseAdded Chief Co-Sponsor Rep. John M. Cabello
  4/10/2019HouseSecond Reading - Short Debate
  4/10/2019HouseHeld on Calendar Order of Second Reading - Short Debate
  4/11/2019HouseHouse Floor Amendment No. 1 Adopted
  4/11/2019HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/11/2019HouseThird Reading - Short Debate - Passed 114-000-000
  4/11/2019SenateArrive in Senate
  4/11/2019SenatePlaced on Calendar Order of First Reading
  4/11/2019SenateChief Senate Sponsor Sen. Bill Cunningham
  4/11/2019SenateFirst Reading
  4/11/2019SenateReferred to Assignments
  4/24/2019SenateAssigned to Criminal Law
  5/3/2019SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Bill Cunningham
  5/3/2019SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/3/2019SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Bill Cunningham
  5/3/2019SenateSenate Committee Amendment No. 2 Referred to Assignments
  5/6/2019SenateAdded as Alternate Chief Co-Sponsor Sen. Kimberly A. Lightford
  5/7/2019SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  5/7/2019SenateSenate Committee Amendment No. 2 Assignments Refers to Criminal Law
  5/7/2019SenateSenate Committee Amendment No. 1 Adopted
  5/7/2019SenateSenate Committee Amendment No. 2 Adopted
  5/8/2019SenateDo Pass as Amended Criminal Law; 010-000-000
  5/8/2019SenatePlaced on Calendar Order of 2nd Reading May 9, 2019
  5/9/2019SenateSecond Reading
  5/9/2019SenatePlaced on Calendar Order of 3rd Reading May 14, 2019
  5/16/2019SenateThird Reading - Passed; 056-000-000
  5/17/2019HouseArrived in House
  5/17/2019HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2
  5/17/2019SenateAdded as Alternate Co-Sponsor Sen. Rachelle Crowe
  5/17/2019SenateAdded as Alternate Co-Sponsor Sen. Laura M. Murphy
  5/21/2019HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Kelly M. Burke
  5/21/2019HouseSenate Committee Amendment No. 2 Motion Filed Concur Rep. Kelly M. Burke
  5/21/2019HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/21/2019HouseSenate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/21/2019HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary - Criminal Committee
  5/21/2019HouseSenate Committee Amendment No. 2 Motion to Concur Rules Referred to Judiciary - Criminal Committee
  5/22/2019HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary - Criminal Committee; 019-000-000
  5/22/2019HouseSenate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Judiciary - Criminal Committee; 019-000-000
  5/30/2019HouseSenate Committee Amendment No. 1 House Concurs 115-000-000
  5/30/2019HouseSenate Committee Amendment No. 2 House Concurs 115-000-000
  5/30/2019HouseHouse Concurs
  5/30/2019HousePassed Both Houses
  6/28/2019HouseSent to the Governor
  8/9/2019HouseGovernor Approved
  8/9/2019HouseEffective Date January 1, 2020
  8/9/2019HousePublic Act . . . . . . . . . 101-0238