Full Text of SB3415 97th General Assembly
SB3415ham002 97TH GENERAL ASSEMBLY | Rep. William Davis Filed: 5/30/2012
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| 1 | | AMENDMENT TO SENATE BILL 3415
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3415, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The School Code is amended by changing Sections | 6 | | 10-21.7, 10-27.1A, 10-27.1B, and 34-8.05 and by adding Section | 7 | | 22-66 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 | 11 | | elementary or
secondary school.
| 12 | | (b) Upon receipt of a
written complaint from any school | 13 | | personnel, the superintendent or his or her designee , or other
| 14 | | appropriate administrative officer for a private school, shall
| 15 | | report all incidents of criminal sexual assault, aggravated | 16 | | criminal sexual assault, criminal sexual abuse, or aggravated |
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| 1 | | criminal sexual abuse battery committed against teachers, | 2 | | teacher
personnel, administrative personnel or educational | 3 | | support
personnel to the local law enforcement
authorities | 4 | | immediately after the occurrence of
the attack . Upon receipt of | 5 | | a complaint from any school
personnel, the superintendent or | 6 | | his or her designee, or other appropriate administrative | 7 | | officer for a private school, may report incidents of assault | 8 | | or battery committed against teachers, teacher personnel, | 9 | | administrative personnel, or
educational support personnel to | 10 | | the local law enforcement
authorities immediately after the | 11 | | occurrence of the attack. For reports concerning an assault or | 12 | | battery committed by a student who has an individualized | 13 | | educational program (IEP) under Article 14 of this Code or a | 14 | | federal Section 504 plan that provides for special education | 15 | | services, the IEP team or federal Section 504 team may manage | 16 | | the incident; the superintendent may report the incident to | 17 | | local law enforcement authorities if there is a threat of | 18 | | imminent danger. If an incident is reported, the
local law | 19 | | enforcement authorities shall report the incident
and to the | 20 | | Department of State Police's Illinois
Uniform Crime Reporting | 21 | | Program in a form, manner, and frequency as prescribed by the | 22 | | Department of State Police no later than 3 days after the
| 23 | | occurrence of the attack . The State Board of Education shall | 24 | | receive monthly
as well as annual statistical compilations of | 25 | | attacks on school personnel
from the Department of State Police | 26 | | through the
Illinois Uniform Crime Reporting Program.
The State |
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| 1 | | Board of Education shall compile this information by school
| 2 | | district 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 | 7 | | counselors, and
support staff, shall immediately notify the | 8 | | office of the principal in the
event that they observe any | 9 | | person in possession of a firearm on school
grounds or on | 10 | | school owned or leased property, including any conveyance | 11 | | owned, leased, or used by the school for the transport of | 12 | | students or school personnel ; provided that taking such | 13 | | immediate action to notify the office of the
principal would | 14 | | not immediately endanger the health, safety, or welfare of
| 15 | | students who are under the direct supervision of the school | 16 | | official or the
school official. If the health, safety, or | 17 | | welfare of students under the
direct supervision of the school | 18 | | official or of the school official is
immediately endangered, | 19 | | the school official shall notify the office of the
principal as | 20 | | soon as the students under his or her supervision and he or she
| 21 | | are no longer under immediate danger. A report is not required | 22 | | by this Section
when the school official knows that the person | 23 | | in possession of the firearm is
a law enforcement official | 24 | | engaged in the conduct of his or her official
duties. Any | 25 | | school official acting in good faith who makes such a report |
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| 1 | | under
this Section shall have immunity from any civil or | 2 | | criminal liability that
might otherwise be incurred as a result | 3 | | of making the report , except for willful or wanton misconduct . | 4 | | The identity of
the school official making such report shall | 5 | | not be disclosed except as
expressly and specifically | 6 | | authorized by law. Knowingly and willfully failing
to comply | 7 | | with this Section is a petty offense. A second or subsequent | 8 | | offense
is a Class C misdemeanor.
| 9 | | (b) Upon receiving a report from any school official | 10 | | pursuant to this
Section, or from any other person, the | 11 | | principal or his or her designee shall
immediately notify a | 12 | | local law enforcement agency. The local law enforcement agency | 13 | | shall complete a police report regarding the incident. If the | 14 | | person found to be
in possession of a firearm on school grounds | 15 | | is a student, then the law enforcement agency shall notify the | 16 | | student's parent or guardian pursuant to the Juvenile Court Act | 17 | | of 1987 the principal or
his or her designee shall also | 18 | | immediately notify that student's parent or
guardian . Any | 19 | | principal or his or her designee acting in good faith who makes
| 20 | | such reports under this Section shall have immunity from any | 21 | | civil or criminal
liability that might otherwise be incurred or | 22 | | imposed as a result of making
the reports. Knowingly and | 23 | | willfully failing to comply with this Section is a
petty | 24 | | offense. A second or subsequent offense is a Class C | 25 | | misdemeanor. If
the person found to be in possession of the | 26 | | firearm on school grounds is a
minor, the law enforcement |
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| 1 | | agency shall detain that minor until such time as
the agency | 2 | | makes a determination pursuant to clause (a) of subsection (1) | 3 | | of
Section 5-401 of the Juvenile Court Act of 1987, as to | 4 | | whether the agency
reasonably believes that the minor is | 5 | | delinquent. If the law enforcement
agency determines that | 6 | | probable cause exists to believe that the minor
committed a | 7 | | violation of item (4) of subsection (a) of Section 24-1 of the
| 8 | | Criminal Code of 1961 while on school grounds, the agency shall | 9 | | detain the
minor for processing pursuant to Section 5-407 of | 10 | | the Juvenile Court Act of
1987.
| 11 | | (c) On or after January 1, 1997, upon receipt of any | 12 | | written,
electronic, or verbal report from any school personnel | 13 | | regarding a verified
incident involving a firearm in a school | 14 | | or on school owned or leased property,
including any conveyance | 15 | | owned,
leased, or used by the school for the transport of | 16 | | students or school
personnel, the superintendent or his or her | 17 | | designee , or other appropriate administrative officer for a | 18 | | private school, shall report all such
firearm-related | 19 | | incidents occurring in a school or on school property to the
| 20 | | local law enforcement authorities immediately . The local law | 21 | | enforcement agency shall complete a police report regarding the | 22 | | incident and shall report the incident and to the Department of | 23 | | State Police's Illinois Uniform Crime Reporting Program
Police | 24 | | in a form, manner, and frequency as prescribed by the | 25 | | Department of
State Police.
| 26 | | The State Board of Education shall receive an annual |
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| 1 | | statistical compilation
and related data associated with | 2 | | incidents involving firearms in schools from
the Department of | 3 | | State Police. The State Board of Education shall compile
this | 4 | | information by school district and make this information it | 5 | | available to the public.
| 6 | | (d) As used in this Section, the term "firearm" shall have | 7 | | the meaning
ascribed to it in Section 1.1 of the Firearm Owners | 8 | | Identification Card Act.
| 9 | | As used in this Section, the term "school" means any public | 10 | | or private
elementary or secondary school.
| 11 | | As used in this Section, the term "school grounds" includes | 12 | | the real property
comprising any school, any conveyance owned, | 13 | | leased, or contracted by a school
to transport students to or | 14 | | from school or a school-related activity, or any
public way | 15 | | within 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 | 19 | | schools.
| 20 | | (a) In this Section:
| 21 | | "Drug" means "cannabis" as defined under subsection (a) of | 22 | | Section 3 of the
Cannabis Control Act, "narcotic drug" as | 23 | | defined under subsection (aa) of
Section 102
of the Illinois | 24 | | Controlled Substances Act, or "methamphetamine" as defined | 25 | | under Section 10 of the Methamphetamine Control and Community |
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| 1 | | Protection Act.
| 2 | | "School" means any public or private elementary or | 3 | | secondary school.
| 4 | | (b) Upon receipt of any written, electronic, or verbal | 5 | | report from any
school
personnel regarding a verified incident | 6 | | involving drugs in a school or on
school owned or
leased | 7 | | property, including any conveyance owned, leased, or used by | 8 | | the school
for the
transport of students or school personnel, | 9 | | the superintendent or his or her
designee, or other appropriate | 10 | | administrative officer for a private school,
shall
report all | 11 | | such drug-related incidents occurring in a school or on school
| 12 | | property to the
local law enforcement authorities immediately . | 13 | | The local law enforcement authorities shall complete a police | 14 | | report regarding the incident and shall report the incident and | 15 | | to the Department of State Police's Illinois Uniform Crime | 16 | | Reporting Program
Police in a
form, manner, and frequency as | 17 | | prescribed by the Department of State Police.
| 18 | | (c) The State Board of Education shall receive an annual | 19 | | statistical
compilation
and related data associated with | 20 | | drug-related incidents in schools from the
Department of
State | 21 | | Police. The State Board of Education shall compile this | 22 | | information by
school
district and make it available to the | 23 | | public.
| 24 | | (Source: P.A. 94-556, eff. 9-11-05.)
| 25 | | (105 ILCS 5/22-66 new) |
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| 1 | | Sec. 22-66. Certain criminal offenses to be reported. | 2 | | (a) All school officials, including teachers, guidance | 3 | | counselors, and support staff, shall immediately notify the | 4 | | office of the principal in the event that they observe any | 5 | | person who is a student in grade 6 through 12 or any person not | 6 | | a student commit a criminal sexual assault, an aggravated | 7 | | criminal sexual assault, a predatory criminal sexual assault of | 8 | | a child, criminal sexual abuse, or aggravated criminal sexual | 9 | | abuse on school grounds or on school owned or leased property, | 10 | | including any conveyance owned, leased, or used by the school | 11 | | for the transport of students. A principal may require that all | 12 | | school officials, including teachers, guidance counselors, and | 13 | | support staff, immediately notify the
office of the principal | 14 | | in the event that they observe any
person who is a student in | 15 | | grade 6 through 12 or any person not
a student commit an | 16 | | assault or a battery on school grounds or on school
owned or | 17 | | leased property, including any conveyance owned,
leased, or | 18 | | used by the school for the transport of students.
Any school | 19 | | official acting in good faith who makes a report under this | 20 | | Section shall have immunity from any civil or criminal | 21 | | liability that might otherwise be incurred as a result of | 22 | | making the report. The identity of the school official making | 23 | | the report shall not be disclosed except as expressly and | 24 | | specifically authorized by law. | 25 | | (b) Upon receiving a report from any school official | 26 | | pursuant to this Section or from any other person, other than a |
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| 1 | | report concerning an assault or a battery, the principal or his | 2 | | or her designee shall immediately notify a local law | 3 | | enforcement agency. Upon receiving a report concerning an | 4 | | assault or a battery from any school official pursuant to this | 5 | | Section or from any other person, the
principal or his or her | 6 | | designee may immediately notify a
local law enforcement agency. | 7 | | For reports concerning an assault or a battery committed by a | 8 | | student who has an individualized educational program (IEP) | 9 | | under Article 14 of this Code or a federal Section 504 plan | 10 | | that provides for special education services, the IEP team or | 11 | | federal Section 504 team may manage the incident; the principal | 12 | | may report the incident to the local law enforcement agency if | 13 | | there is a threat of imminent danger.
The local law enforcement | 14 | | agency shall complete a police report regarding the incident | 15 | | and shall report the incident to the Department of State | 16 | | Police's Illinois Uniform Crime Reporting Program in a form, | 17 | | manner, and frequency as prescribed by the Department of State | 18 | | Police. Any principal or his or her designee acting in good | 19 | | faith who makes a report under this Section shall have immunity | 20 | | from any civil or criminal liability that might otherwise be | 21 | | incurred or imposed as a result of making the report. | 22 | | (c) If the person found to have committed an offense | 23 | | specified under subsection (a) of this Section is a minor, then | 24 | | the law enforcement agency shall detain that minor until such | 25 | | time as the agency makes a determination pursuant to clause (a) | 26 | | of subsection (1) of Section 5-401 of the Juvenile Court Act of |
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| 1 | | 1987 as to whether the agency reasonably believes that the | 2 | | minor is delinquent. If the law enforcement agency determines | 3 | | that probable cause exists to believe that the minor committed | 4 | | a violation of Section 12-1, 12-2, 12-3, or 12-3.05 of the | 5 | | Criminal Code of 1961 while on school grounds or on school | 6 | | owned or leased property, including any conveyance owned, | 7 | | leased, or used by the school for the transport of students, | 8 | | then the agency shall detain the minor for processing pursuant | 9 | | to Section 5-407 of the Juvenile Court Act of 1987. | 10 | | (d) The State Board of Education shall receive an annual | 11 | | statistical compilation and related data associated with | 12 | | incidents in schools from the Department of State Police. The | 13 | | State Board of Education shall compile this information by | 14 | | school 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 | 18 | | written,
electronic, or verbal report from any school personnel | 19 | | regarding a verified
incident involving a firearm in a school | 20 | | or on school owned or leased property,
including any conveyance | 21 | | owned,
leased, or used by the school for the transport of | 22 | | students or school
personnel, the general superintendent of | 23 | | schools or chief executive officer or his or her designee shall | 24 | | report all
such
firearm-related incidents occurring in a school | 25 | | or on school property to the
local law enforcement authorities |
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| 1 | | immediately. The local law enforcement authorities shall | 2 | | complete a police report regarding the incident and shall | 3 | | report the incident no later than 24 hours after the occurrence
| 4 | | of the incident and to the Department of State Police's | 5 | | Illinois Uniform Crime Reporting Program Police in a form, | 6 | | manner, and
frequency as prescribed by the Department of State | 7 | | Police.
| 8 | | (b) Any school official acting in good faith who makes a | 9 | | report under this Section shall have immunity from any civil or | 10 | | criminal liability that might otherwise be incurred or imposed | 11 | | as a result of making the report, except for willful or wanton | 12 | | misconduct. The identity of
the school official making such a | 13 | | report must not be disclosed except as
expressly and | 14 | | specifically authorized by law. Knowingly and willfully | 15 | | failing
to comply with this Section is a petty offense. A | 16 | | second or subsequent offense
is a Class C misdemeanor. | 17 | | (c) If the person found to be in possession of the firearm | 18 | | on school grounds is a minor, then the law enforcement agency | 19 | | shall detain that minor until such time as the agency makes a | 20 | | determination pursuant to clause (a) of subsection (1) of | 21 | | Section 5-401 of the Juvenile Court Act of 1987 as to whether | 22 | | the agency reasonably believes that the minor is delinquent. If | 23 | | the person found to be
in possession of a firearm is a minor, | 24 | | then the law enforcement agency shall notify the minor's parent | 25 | | or guardian pursuant to the Juvenile Court Act of 1987. If the | 26 | | law enforcement agency determines that probable cause exists to |
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| 1 | | believe that the minor committed a violation of item (4) of | 2 | | subsection (a) of Section 24-1 of the Criminal Code of 1961 | 3 | | while on school grounds, the agency shall detain the minor for | 4 | | processing and shall notify the minor's parent or guardian | 5 | | pursuant to the Juvenile Court Act of 1987. | 6 | | (d) The State Board of Education shall receive an annual | 7 | | statistical compilation
and related data associated with | 8 | | incidents involving firearms in schools from
the Department of | 9 | | State Police. As used in this Section, the term "firearm"
shall | 10 | | have the meaning ascribed to it in Section 1.1 of the Firearm | 11 | | Owners
Identification Card Act.
| 12 | | (Source: P.A. 89-498, eff. 6-27-96.)
| 13 | | Section 99. Effective date. This Act takes effect July 1, | 14 | | 2013.".
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