Illinois General Assembly - Full Text of SB3415
Illinois General Assembly

Previous General Assemblies

Full Text of SB3415  97th General Assembly

SB3415ham002 97TH GENERAL ASSEMBLY

Rep. William Davis

Filed: 5/30/2012

 

 


 

 


 
09700SB3415ham002LRB097 19287 NHT 70406 a

1
AMENDMENT TO SENATE BILL 3415

2    AMENDMENT NO. ______. Amend Senate Bill 3415, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The School Code is amended by changing Sections
610-21.7, 10-27.1A, 10-27.1B, and 34-8.05 and by adding Section
722-66 as follows:
 
8    (105 ILCS 5/10-21.7)  (from Ch. 122, par. 10-21.7)
9    Sec. 10-21.7. Attacks on school personnel.
10    (a) In the Section, "school" means any public or private
11elementary or secondary school.
12    (b) Upon receipt of a written complaint from any school
13personnel, the superintendent or his or her designee, or other
14appropriate administrative officer for a private school, shall
15report all incidents of criminal sexual assault, aggravated
16criminal sexual assault, criminal sexual abuse, or aggravated

 

 

09700SB3415ham002- 2 -LRB097 19287 NHT 70406 a

1criminal sexual abuse battery committed against teachers,
2teacher personnel, administrative personnel or educational
3support personnel to the local law enforcement authorities
4immediately after the occurrence of the attack. Upon receipt of
5a complaint from any school personnel, the superintendent or
6his or her designee, or other appropriate administrative
7officer for a private school, may report incidents of assault
8or battery committed against teachers, teacher personnel,
9administrative personnel, or educational support personnel to
10the local law enforcement authorities immediately after the
11occurrence of the attack. For reports concerning an assault or
12battery committed by a student who has an individualized
13educational program (IEP) under Article 14 of this Code or a
14federal Section 504 plan that provides for special education
15services, the IEP team or federal Section 504 team may manage
16the incident; the superintendent may report the incident to
17local law enforcement authorities if there is a threat of
18imminent danger. If an incident is reported, the local law
19enforcement authorities shall report the incident and to the
20Department of State Police's Illinois Uniform Crime Reporting
21Program in a form, manner, and frequency as prescribed by the
22Department of State Police no later than 3 days after the
23occurrence of the attack. The State Board of Education shall
24receive monthly as well as annual statistical compilations of
25attacks on school personnel from the Department of State Police
26through the Illinois Uniform Crime Reporting Program. The State

 

 

09700SB3415ham002- 3 -LRB097 19287 NHT 70406 a

1Board of Education shall compile this information by school
2district and make it available to the public.
3(Source: P.A. 91-491, eff. 8-13-99.)
 
4    (105 ILCS 5/10-27.1A)
5    Sec. 10-27.1A. Reporting firearms Firearms in schools.
6    (a) All school officials, including teachers, guidance
7counselors, and support staff, shall immediately notify the
8office of the principal in the event that they observe any
9person in possession of a firearm on school grounds or on
10school owned or leased property, including any conveyance
11owned, leased, or used by the school for the transport of
12students or school personnel; provided that taking such
13immediate action to notify the office of the principal would
14not immediately endanger the health, safety, or welfare of
15students who are under the direct supervision of the school
16official or the school official. If the health, safety, or
17welfare of students under the direct supervision of the school
18official or of the school official is immediately endangered,
19the school official shall notify the office of the principal as
20soon as the students under his or her supervision and he or she
21are no longer under immediate danger. A report is not required
22by this Section when the school official knows that the person
23in possession of the firearm is a law enforcement official
24engaged in the conduct of his or her official duties. Any
25school official acting in good faith who makes such a report

 

 

09700SB3415ham002- 4 -LRB097 19287 NHT 70406 a

1under this Section shall have immunity from any civil or
2criminal liability that might otherwise be incurred as a result
3of making the report, except for willful or wanton misconduct.
4The identity of the school official making such report shall
5not be disclosed except as expressly and specifically
6authorized by law. Knowingly and willfully failing to comply
7with this Section is a petty offense. A second or subsequent
8offense is a Class C misdemeanor.
9    (b) Upon receiving a report from any school official
10pursuant to this Section, or from any other person, the
11principal or his or her designee shall immediately notify a
12local law enforcement agency. The local law enforcement agency
13shall complete a police report regarding the incident. If the
14person found to be in possession of a firearm on school grounds
15is a student, then the law enforcement agency shall notify the
16student's parent or guardian pursuant to the Juvenile Court Act
17of 1987 the principal or his or her designee shall also
18immediately notify that student's parent or guardian. Any
19principal or his or her designee acting in good faith who makes
20such reports under this Section shall have immunity from any
21civil or criminal liability that might otherwise be incurred or
22imposed as a result of making the reports. Knowingly and
23willfully failing to comply with this Section is a petty
24offense. A second or subsequent offense is a Class C
25misdemeanor. If the person found to be in possession of the
26firearm on school grounds is a minor, the law enforcement

 

 

09700SB3415ham002- 5 -LRB097 19287 NHT 70406 a

1agency shall detain that minor until such time as the agency
2makes a determination pursuant to clause (a) of subsection (1)
3of Section 5-401 of the Juvenile Court Act of 1987, as to
4whether the agency reasonably believes that the minor is
5delinquent. If the law enforcement agency determines that
6probable cause exists to believe that the minor committed a
7violation of item (4) of subsection (a) of Section 24-1 of the
8Criminal Code of 1961 while on school grounds, the agency shall
9detain the minor for processing pursuant to Section 5-407 of
10the Juvenile Court Act of 1987.
11    (c) On or after January 1, 1997, upon receipt of any
12written, electronic, or verbal report from any school personnel
13regarding a verified incident involving a firearm in a school
14or on school owned or leased property, including any conveyance
15owned, leased, or used by the school for the transport of
16students or school personnel, the superintendent or his or her
17designee, or other appropriate administrative officer for a
18private school, shall report all such firearm-related
19incidents occurring in a school or on school property to the
20local law enforcement authorities immediately. The local law
21enforcement agency shall complete a police report regarding the
22incident and shall report the incident and to the Department of
23State Police's Illinois Uniform Crime Reporting Program Police
24in a form, manner, and frequency as prescribed by the
25Department of State Police.
26    The State Board of Education shall receive an annual

 

 

09700SB3415ham002- 6 -LRB097 19287 NHT 70406 a

1statistical compilation and related data associated with
2incidents involving firearms in schools from the Department of
3State Police. The State Board of Education shall compile this
4information by school district and make this information it
5available to the public.
6    (d) As used in this Section, the term "firearm" shall have
7the meaning ascribed to it in Section 1.1 of the Firearm Owners
8Identification Card Act.
9    As used in this Section, the term "school" means any public
10or private elementary or secondary school.
11    As used in this Section, the term "school grounds" includes
12the real property comprising any school, any conveyance owned,
13leased, or contracted by a school to transport students to or
14from school or a school-related activity, or any public way
15within 1,000 feet of the real property comprising any school.
16(Source: P.A. 91-11, eff. 6-4-99; 91-491, eff. 8-13-99.)
 
17    (105 ILCS 5/10-27.1B)
18    Sec. 10-27.1B. Reporting drug-related incidents in
19schools.
20    (a) In this Section:
21    "Drug" means "cannabis" as defined under subsection (a) of
22Section 3 of the Cannabis Control Act, "narcotic drug" as
23defined under subsection (aa) of Section 102 of the Illinois
24Controlled Substances Act, or "methamphetamine" as defined
25under Section 10 of the Methamphetamine Control and Community

 

 

09700SB3415ham002- 7 -LRB097 19287 NHT 70406 a

1Protection Act.
2    "School" means any public or private elementary or
3secondary school.
4    (b) Upon receipt of any written, electronic, or verbal
5report from any school personnel regarding a verified incident
6involving drugs in a school or on school owned or leased
7property, including any conveyance owned, leased, or used by
8the school for the transport of students or school personnel,
9the superintendent or his or her designee, or other appropriate
10administrative officer for a private school, shall report all
11such drug-related incidents occurring in a school or on school
12property to the local law enforcement authorities immediately.
13The local law enforcement authorities shall complete a police
14report regarding the incident and shall report the incident and
15to the Department of State Police's Illinois Uniform Crime
16Reporting Program Police in a form, manner, and frequency as
17prescribed by the Department of State Police.
18    (c) The State Board of Education shall receive an annual
19statistical compilation and related data associated with
20drug-related incidents in schools from the Department of State
21Police. The State Board of Education shall compile this
22information by school district and make it available to the
23public.
24(Source: P.A. 94-556, eff. 9-11-05.)
 
25    (105 ILCS 5/22-66 new)

 

 

09700SB3415ham002- 8 -LRB097 19287 NHT 70406 a

1    Sec. 22-66. Certain criminal offenses to be reported.
2    (a) All school officials, including teachers, guidance
3counselors, and support staff, shall immediately notify the
4office of the principal in the event that they observe any
5person who is a student in grade 6 through 12 or any person not
6a student commit a criminal sexual assault, an aggravated
7criminal sexual assault, a predatory criminal sexual assault of
8a child, criminal sexual abuse, or aggravated criminal sexual
9abuse on school grounds or on school owned or leased property,
10including any conveyance owned, leased, or used by the school
11for the transport of students. A principal may require that all
12school officials, including teachers, guidance counselors, and
13support staff, immediately notify the office of the principal
14in the event that they observe any person who is a student in
15grade 6 through 12 or any person not a student commit an
16assault or a battery on school grounds or on school owned or
17leased property, including any conveyance owned, leased, or
18used by the school for the transport of students. Any school
19official acting in good faith who makes a report under this
20Section shall have immunity from any civil or criminal
21liability that might otherwise be incurred as a result of
22making the report. The identity of the school official making
23the report shall not be disclosed except as expressly and
24specifically authorized by law.
25    (b) Upon receiving a report from any school official
26pursuant to this Section or from any other person, other than a

 

 

09700SB3415ham002- 9 -LRB097 19287 NHT 70406 a

1report concerning an assault or a battery, the principal or his
2or her designee shall immediately notify a local law
3enforcement agency. Upon receiving a report concerning an
4assault or a battery from any school official pursuant to this
5Section or from any other person, the principal or his or her
6designee may immediately notify a local law enforcement agency.
7For reports concerning an assault or a battery committed by a
8student who has an individualized educational program (IEP)
9under Article 14 of this Code or a federal Section 504 plan
10that provides for special education services, the IEP team or
11federal Section 504 team may manage the incident; the principal
12may report the incident to the local law enforcement agency if
13there is a threat of imminent danger. The local law enforcement
14agency shall complete a police report regarding the incident
15and shall report the incident to the Department of State
16Police's Illinois Uniform Crime Reporting Program in a form,
17manner, and frequency as prescribed by the Department of State
18Police. Any principal or his or her designee acting in good
19faith who makes a report under this Section shall have immunity
20from any civil or criminal liability that might otherwise be
21incurred or imposed as a result of making the report.
22    (c) If the person found to have committed an offense
23specified under subsection (a) of this Section is a minor, then
24the law enforcement agency shall detain that minor until such
25time as the agency makes a determination pursuant to clause (a)
26of subsection (1) of Section 5-401 of the Juvenile Court Act of

 

 

09700SB3415ham002- 10 -LRB097 19287 NHT 70406 a

11987 as to whether the agency reasonably believes that the
2minor is delinquent. If the law enforcement agency determines
3that probable cause exists to believe that the minor committed
4a violation of Section 12-1, 12-2, 12-3, or 12-3.05 of the
5Criminal Code of 1961 while on school grounds or on school
6owned or leased property, including any conveyance owned,
7leased, or used by the school for the transport of students,
8then the agency shall detain the minor for processing pursuant
9to Section 5-407 of the Juvenile Court Act of 1987.
10    (d) The State Board of Education shall receive an annual
11statistical compilation and related data associated with
12incidents in schools from the Department of State Police. The
13State Board of Education shall compile this information by
14school district and make it available to the public.
 
15    (105 ILCS 5/34-8.05)
16    Sec. 34-8.05. Reporting firearms in schools.
17    (a) On or after January 1, 1997, upon receipt of any
18written, electronic, or verbal report from any school personnel
19regarding a verified incident involving a firearm in a school
20or on school owned or leased property, including any conveyance
21owned, leased, or used by the school for the transport of
22students or school personnel, the general superintendent of
23schools or chief executive officer or his or her designee shall
24report all such firearm-related incidents occurring in a school
25or on school property to the local law enforcement authorities

 

 

09700SB3415ham002- 11 -LRB097 19287 NHT 70406 a

1immediately. The local law enforcement authorities shall
2complete a police report regarding the incident and shall
3report the incident no later than 24 hours after the occurrence
4of the incident and to the Department of State Police's
5Illinois Uniform Crime Reporting Program Police in a form,
6manner, and frequency as prescribed by the Department of State
7Police.
8    (b) Any school official acting in good faith who makes a
9report under 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, except for willful or wanton
12misconduct. The identity of the school official making such a
13report must not be disclosed except as expressly and
14specifically authorized by law. Knowingly and willfully
15failing to comply with this Section is a petty offense. A
16second or subsequent offense is a Class C misdemeanor.
17    (c) If the person found to be in possession of the firearm
18on school grounds is a minor, then the law enforcement agency
19shall detain that minor until such time as the agency makes a
20determination pursuant to clause (a) of subsection (1) of
21Section 5-401 of the Juvenile Court Act of 1987 as to whether
22the agency reasonably believes that the minor is delinquent. If
23the person found to be in possession of a firearm is a minor,
24then the law enforcement agency shall notify the minor's parent
25or guardian pursuant to the Juvenile Court Act of 1987. If the
26law enforcement agency determines that probable cause exists to

 

 

09700SB3415ham002- 12 -LRB097 19287 NHT 70406 a

1believe that the minor committed a violation of item (4) of
2subsection (a) of Section 24-1 of the Criminal Code of 1961
3while on school grounds, the agency shall detain the minor for
4processing and shall notify the minor's parent or guardian
5pursuant to the Juvenile Court Act of 1987.
6    (d) The State Board of Education shall receive an annual
7statistical compilation and related data associated with
8incidents involving firearms in schools from the Department of
9State Police. As used in this Section, the term "firearm" shall
10have the meaning ascribed to it in Section 1.1 of the Firearm
11Owners Identification Card Act.
12(Source: P.A. 89-498, eff. 6-27-96.)
 
13    Section 99. Effective date. This Act takes effect July 1,
142013.".