Illinois General Assembly - Full Text of SB3415
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Full Text of SB3415  97th General Assembly

SB3415eng 97TH GENERAL ASSEMBLY

  
  
  

 


 
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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
622-66 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 the Section, "school" means any public or private
10elementary or secondary school.
11    (b) Upon receipt of a written complaint from any school
12personnel, the superintendent or his or her designee, or other
13appropriate administrative officer for a private school, shall
14report all incidents of assault, battery, criminal sexual
15assault, aggravated criminal sexual assault, criminal sexual
16abuse, or aggravated criminal sexual abuse committed against
17teachers, teacher personnel, administrative personnel or
18educational support personnel to the local law enforcement
19authorities immediately after the occurrence of the attack. The
20local law enforcement agency shall report the incident and to
21the Department of State Police's Illinois Uniform Crime
22Reporting Program in a form, manner, and frequency as
23prescribed by the Department of State Police no later than 3

 

 

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1days after the occurrence of the attack. The State Board of
2Education shall receive monthly as well as annual statistical
3compilations of attacks on school personnel from the Department
4of State Police through the Illinois Uniform Crime Reporting
5Program. The State Board of Education shall compile this
6information by school district and make it available to the
7public.
8(Source: P.A. 91-491, eff. 8-13-99.)
 
9    (105 ILCS 5/10-27.1A)
10    Sec. 10-27.1A. Reporting firearms Firearms in schools.
11    (a) All school officials, including teachers, guidance
12counselors, and support staff, shall immediately notify the
13office of the principal in the event that they observe any
14person in possession of a firearm on school grounds or on
15school owned or leased property, including any conveyance
16owned, leased, or used by the school for the transport of
17students or school personnel; provided that taking such
18immediate action to notify the office of the principal would
19not immediately endanger the health, safety, or welfare of
20students who are under the direct supervision of the school
21official or the school official. If the health, safety, or
22welfare of students under the direct supervision of the school
23official or of the school official is immediately endangered,
24the school official shall notify the office of the principal as
25soon as the students under his or her supervision and he or she

 

 

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1are no longer under immediate danger. A report is not required
2by this Section when the school official knows that the person
3in possession of the firearm is a law enforcement official
4engaged in the conduct of his or her official duties. Any
5school official acting in good faith who makes such a report
6under this Section shall have immunity from any civil or
7criminal liability that might otherwise be incurred as a result
8of making the report, except for willful or wanton misconduct.
9The identity of the school official making such report shall
10not be disclosed except as expressly and specifically
11authorized by law. Knowingly and willfully failing to comply
12with this Section is a petty offense. A second or subsequent
13offense is a Class C misdemeanor.
14    (b) Upon receiving a report from any school official
15pursuant to this Section, or from any other person, the
16principal or his or her designee shall immediately notify a
17local law enforcement agency and require a police report to be
18completed. If the person found to be in possession of a firearm
19on school grounds is a student, then the law enforcement agency
20shall notify the student's parent or guardian pursuant to the
21Juvenile Court Act of 1987 the principal or his or her designee
22shall also immediately notify that student's parent or
23guardian. Any principal or his or her designee acting in good
24faith who makes such reports under this Section shall have
25immunity from any civil or criminal liability that might
26otherwise be incurred or imposed as a result of making the

 

 

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1reports. Knowingly and willfully failing to comply with this
2Section is a petty offense. A second or subsequent offense is a
3Class C misdemeanor. If the person found to be in possession of
4the firearm on school grounds is a minor, the law enforcement
5agency shall detain that minor until such time as the agency
6makes a determination pursuant to clause (a) of subsection (1)
7of Section 5-401 of the Juvenile Court Act of 1987, as to
8whether the agency reasonably believes that the minor is
9delinquent. If the law enforcement agency determines that
10probable cause exists to believe that the minor committed a
11violation of item (4) of subsection (a) of Section 24-1 of the
12Criminal Code of 1961 while on school grounds, the agency shall
13detain the minor for processing pursuant to Section 5-407 of
14the Juvenile Court Act of 1987.
15    (c) On or after January 1, 1997, upon receipt of any
16written, electronic, or verbal report from any school personnel
17regarding a verified incident involving a firearm in a school
18or on school owned or leased property, including any conveyance
19owned, leased, or used by the school for the transport of
20students or school personnel, the superintendent or his or her
21designee, or other appropriate administrative officer for a
22private school, shall report all such firearm-related
23incidents occurring in a school or on school property to the
24local law enforcement authorities immediately and require a
25police report to be completed. The local law enforcement agency
26shall report the incident to the Department of State Police's

 

 

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1Illinois Uniform Crime Reporting Program Police in a form,
2manner, and frequency as prescribed by the Department of State
3Police.
4    The State Board of Education shall receive an annual
5statistical compilation and related data associated with
6incidents involving firearms in schools from the Department of
7State Police. The State Board of Education shall compile this
8information by school district and make this information it
9available to the public.
10    (d) As used in this Section, the term "firearm" shall have
11the meaning ascribed to it in Section 1.1 of the Firearm Owners
12Identification Card Act.
13    As used in this Section, the term "school" means any public
14or private elementary or secondary school.
15    As used in this Section, the term "school grounds" includes
16the real property comprising any school, any conveyance owned,
17leased, or contracted by a school to transport students to or
18from school or a school-related activity, or any public way
19within 1,000 feet of the real property comprising any school.
20(Source: P.A. 91-11, eff. 6-4-99; 91-491, eff. 8-13-99.)
 
21    (105 ILCS 5/10-27.1B)
22    Sec. 10-27.1B. Reporting drug-related incidents in
23schools.
24    (a) In this Section:
25    "Drug" means "cannabis" as defined under subsection (a) of

 

 

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1Section 3 of the Cannabis Control Act, "narcotic drug" as
2defined under subsection (aa) of Section 102 of the Illinois
3Controlled Substances Act, or "methamphetamine" as defined
4under Section 10 of the Methamphetamine Control and Community
5Protection Act.
6    "School" means any public or private elementary or
7secondary school.
8    (b) Upon receipt of any written, electronic, or verbal
9report from any school personnel regarding a verified incident
10involving drugs in a school or on school owned or leased
11property, including any conveyance owned, leased, or used by
12the school for the transport of students or school personnel,
13the superintendent or his or her designee, or other appropriate
14administrative officer for a private school, shall report all
15such drug-related incidents occurring in a school or on school
16property to the local law enforcement authorities immediately
17and require a police report to be completed. The local law
18enforcement agency shall report the incident to the Department
19of State Police's Illinois Uniform Crime Reporting Program
20Police in a form, manner, and frequency as prescribed by the
21Department of State Police.
22    (c) The State Board of Education shall receive an annual
23statistical compilation and related data associated with
24drug-related incidents in schools from the Department of State
25Police. The State Board of Education shall compile this
26information by school district and make it available to the

 

 

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1public.
2(Source: P.A. 94-556, eff. 9-11-05.)
 
3    (105 ILCS 5/22-66 new)
4    Sec. 22-66. Certain criminal offenses to be reported.
5    (a) All school officials, including teachers, guidance
6counselors, and support staff, shall immediately notify the
7office of the principal in the event that they observe any
8person who is a student in grade 6 through 12 or any person not
9a student commit an assault, a battery, a criminal sexual
10assault, an aggravated criminal sexual assault, a predatory
11criminal sexual assault of a child, criminal sexual abuse, or
12aggravated criminal sexual abuse on school grounds or on school
13owned or leased property, including any conveyance owned,
14leased, or used by the school for the transport of students.
15Incidents involving great bodily harm shall be reported
16involving students in all grades. Any school official acting in
17good faith who makes a report under this Section shall have
18immunity from any civil or criminal liability that might
19otherwise be incurred as a result of making the report. The
20identity of the school official making the report shall not be
21disclosed except as expressly and specifically authorized by
22law. Knowingly and willfully failing to comply with this
23subsection (a) is a petty offense. A second or subsequent
24offense is a Class C misdemeanor.
25    (b) Upon receiving a report from any school official

 

 

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1pursuant to this Section or from any other person, the
2principal or his or her designee shall immediately notify a
3local law enforcement agency and require a report to be
4completed. The local law enforcement agency shall report the
5incident to the Department of State Police's Illinois Uniform
6Crime Reporting Program in a form, manner, and frequency as
7prescribed by the Department of State Police. Any principal or
8his or her designee acting in good faith who makes a report
9under this Section shall have immunity from any civil or
10criminal liability that might otherwise be incurred or imposed
11as a result of making the report. Knowingly and willfully
12failing to comply with this subsection (b) is a petty offense.
13A second or subsequent offense is a Class C misdemeanor.
14    (c) If the person found to have committed an offense
15specified under subsection (a) of this Section is a minor, then
16the law enforcement agency shall detain that minor until such
17time as the agency makes a determination pursuant to clause (a)
18of subsection (1) of Section 5-401 of the Juvenile Court Act of
191987 as to whether the agency reasonably believes that the
20minor is delinquent. If the law enforcement agency determines
21that probable cause exists to believe that the minor committed
22a violation of Section 12-1, 12-2, 12-3, or 12-3.05 of the
23Criminal Code of 1961 while on school grounds or on school
24owned or leased property, including any conveyance owned,
25leased, or used by the school for the transport of students,
26then the agency shall detain the minor for processing pursuant

 

 

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1to Section 5-407 of the Juvenile Court Act of 1987.
2    (d) The State Board of Education shall receive an annual
3statistical compilation and related data associated with
4incidents in schools from the Department of State Police. The
5State Board of Education shall compile this information by
6school district and make it available to the public.
 
7    (105 ILCS 5/34-8.05)
8    Sec. 34-8.05. Reporting firearms in schools.
9    (a) On or after January 1, 1997, upon receipt of any
10written, electronic, or verbal report from any school personnel
11regarding a verified incident involving a firearm in a school
12or on school owned or leased property, including any conveyance
13owned, leased, or used by the school for the transport of
14students or school personnel, the general superintendent of
15schools or chief executive officer or his or her designee shall
16report all such firearm-related incidents occurring in a school
17or on school property to the local law enforcement authorities
18immediately no later than 24 hours after the occurrence of the
19incident and require a police report to be completed. The local
20law enforcement agency shall report the incident to the
21Department of State Police's Illinois Uniform Crime Reporting
22Program Police in a form, manner, and frequency as prescribed
23by the Department of State Police.
24    (b) Any school official acting in good faith who makes a
25report under this Section shall have immunity from any civil or

 

 

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1criminal liability that might otherwise be incurred or imposed
2as a result of making the report, except for willful or wanton
3misconduct. Knowingly and willfully failing to comply with this
4Section is a petty offense. A second or subsequent offense is a
5Class C misdemeanor.
6    (c) If the person found to be in possession of the firearm
7on school grounds is a minor, then the law enforcement agency
8shall detain that minor until such time as the agency makes a
9determination pursuant to clause (a) of subsection (1) of
10Section 5-401 of the Juvenile Court Act of 1987 as to whether
11the agency reasonably believes that the minor is delinquent. If
12the person found to be in possession of a firearm is a minor,
13then the law enforcement agency shall notify the minor's parent
14or guardian pursuant to the Juvenile Court Act of 1987. If the
15law enforcement agency determines that probable cause exists to
16believe that the minor committed a violation of item (4) of
17subsection (a) of Section 24-1 of the Criminal Code of 1961
18while on school grounds, the agency shall detain the minor for
19processing and shall notify the minor's parent or guardian
20pursuant to the Juvenile Court Act of 1987.
21    (d) The State Board of Education shall receive an annual
22statistical compilation and related data associated with
23incidents involving firearms in schools from the Department of
24State Police. As used in this Section, the term "firearm" shall
25have the meaning ascribed to it in Section 1.1 of the Firearm
26Owners Identification Card Act.

 

 

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1(Source: P.A. 89-498, eff. 6-27-96.)
 
2    Section 99. Effective date. This Act takes effect August 1,
32012.