SB3415 97TH GENERAL ASSEMBLY

LRB097 19287 RPM 64533 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3415

Introduced 2/7/2012, by Sen. Susan Garrett

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 5/22-66 new
105 ILCS 5/34-8.05

Amends the School Code. Makes changes to the provisions concerning attacks on school personnel and firearms in schools regarding the types and locations of incidents to be reported, respectively, and the reporting procedures. Makes changes to a provision concerning reporting drug-related incidents in schools regarding the reporting procedures. Provides that 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 who is a student in grade 6 through 12 or any person not a student commit certain specified offenses. Provides that upon receiving a report from any school official or from any other person, the principal or his or her designee shall immediately notify a local law enforcement agency and require a report to be completed. Sets forth provisions concerning the law enforcement agency's actions if the person found to have committed the offense is a minor. Makes changes to the provision concerning reporting firearms in schools in the Chicago School District Article. Makes other changes. Effective August 1, 2012.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

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 Sections 10-21.7, 10-27.1A, 10-27.1B, and 34-8.05 and by adding Section 22-66 as follows:

(105 ILCS 5/10-21.7) (from Ch. 122, par. 10-21.7)

Sec. 10-21.7. Attacks on school personnel.

(a) In the Section, "school" means any public or private elementary or secondary school.

(b) Upon receipt of a written complaint from any school personnel, the superintendent or his or her designee, or other appropriate administrative officer for a private school, shall report all incidents of assault, battery, criminal sexual assault, aggravated criminal sexual assault, criminal sexual abuse, or aggravated criminal sexual abuse committed against teachers, teacher personnel, administrative personnel or educational support personnel to the local law enforcement authorities immediately after the occurrence of the attack. The local law enforcement agency shall report the incident and to the Department of State Police's Illinois Uniform Crime Reporting Program in a form, manner, and frequency as prescribed by the Department of State Police no later than 3 days after the occurrence of the attack. The State Board of Education shall receive monthly as well as annual statistical compilations of attacks on school personnel from the Department of State Police through the Illinois Uniform Crime Reporting Program. The State Board of Education shall compile this information by school district and make it available to the public.

(Source: P.A. 91-491, eff. 8-13-99.)

(105 ILCS 5/10-27.1A)

Sec. 10-27.1A. Reporting firearms 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 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; 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 the 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 and require a police report to be completed. If the person found to be in possession of a firearm on school grounds is a student, then the law enforcement agency shall notify the student's parent or guardian pursuant to the Juvenile Court Act of 1987 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, or other appropriate administrative officer for a private school, shall report all such firearm-related incidents occurring in a school or on school property to the local law enforcement authorities immediately and require a police report to be completed. The local law enforcement agency shall report the incident to the Department of State Police's Illinois Uniform Crime Reporting Program 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. The State Board of Education shall compile this information by school district and make this information it available to the public.

(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. 91-11, eff. 6-4-99; 91-491, eff. 8-13-99.)

(105 ILCS 5/10-27.1B)

Sec. 10-27.1B. Reporting drug-related incidents in schools.

(a) In this Section:

"Drug" means "cannabis" as defined under subsection (a) of Section 3 of the Cannabis Control Act, "narcotic drug" as defined under subsection (aa) of Section 102 of the Illinois Controlled Substances Act, or "methamphetamine" as defined under Section 10 of the Methamphetamine Control and Community Protection Act.

"School" means any public or private elementary or secondary school.

(b) Upon receipt of any written, electronic, or verbal report from any school personnel regarding a verified incident involving drugs 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, or other appropriate administrative officer for a private school, shall report all such drug-related incidents occurring in a school or on school property to the local law enforcement authorities immediately and require a police report to be completed. The local law enforcement agency shall report the incident to the Department of State Police's Illinois Uniform Crime Reporting Program Police in a form, manner, and frequency as prescribed by the Department of State Police.

(c) The State Board of Education shall receive an annual statistical compilation and related data associated with drug-related incidents in schools from the Department of State Police. The State Board of Education shall compile this information by school district and make it available to the public.

(Source: P.A. 94-556, eff. 9-11-05.)

(105 ILCS 5/22-66 new)

Sec. 22-66. Certain criminal offenses to be reported.

(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 who is a student in grade 6 through 12 or any person not a student commit an assault, a battery, a criminal sexual assault, an aggravated criminal sexual assault, a predatory criminal sexual assault of a child, criminal sexual abuse, or aggravated criminal sexual abuse on school grounds or on school owned or leased property, including any conveyance owned, leased, or used by the school for the transport of students. Incidents involving great bodily harm shall be reported involving students in all grades. Any school official acting in good faith who makes 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 the report shall not be disclosed except as expressly and specifically authorized by law. Knowingly and willfully failing to comply with this subsection (a) 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 and require a report to be completed. The local law enforcement agency shall report the incident to the Department of State Police's Illinois Uniform Crime Reporting Program in a form, manner, and frequency as prescribed by the Department of State Police's. Any principal or his or her designee acting in good faith who makes a report 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 report. Knowingly and willfully failing to comply with this subsection (b) is a petty offense. A second or subsequent offense is a Class C misdemeanor.

(c) If the person found to have committed an offense specified under subsection (a) of this Section is a minor, then 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 Section 12-1, 12-2, 12-3, or 12-3.05 of the Criminal Code of 1961 while on school grounds or on school owned or leased property, including any conveyance owned, leased, or used by the school for the transport of students, then the agency shall detain the minor for processing pursuant to Section 5-407 of the Juvenile Court Act of 1987.

(d) The State Board of Education shall receive an annual statistical compilation and related data associated with incidents in schools from the Department of State Police. The State Board of Education shall compile this information by school district and make it available to the public.

(105 ILCS 5/34-8.05)

Sec. 34-8.05. Reporting firearms in schools.

(a) 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 general superintendent of schools or chief executive officer 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 require a police report to be completed. The local law enforcement agency shall report the incident to the Department of State Police's Illinois Uniform Crime Reporting Program Police in a form, manner, and frequency as prescribed by the Department of State Police.

(b) Any school official acting in good faith who makes a report 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 report. Knowingly and willfully failing to comply with this Section is a petty offense. A second or subsequent offense is a Class C misdemeanor.

(c) If the person found to be in possession of the firearm on school grounds is a minor, then 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 person found to be in possession of a firearm is a minor, then the law enforcement agency shall notify the minor's parent or guardian pursuant to the Juvenile Court Act of 1987. 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 and shall notify the minor's parent or guardian pursuant to the Juvenile Court Act of 1987.

(d) 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. 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.

(Source: P.A. 89-498, eff. 6-27-96.)

Section 99. Effective date. This Act takes effect August 1, 2012.