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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 10-21.7, 10-27.1A, 10-27.1B, and 34-8.05 and by adding Section | 6 | | 22-66 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 | 10 | | elementary or
secondary school.
| 11 | | (b) Upon receipt of a
written complaint from any school | 12 | | personnel, the superintendent or his or her designee , or other
| 13 | | appropriate administrative officer for a private school, shall
| 14 | | report all incidents of assault, battery , criminal sexual | 15 | | assault, aggravated criminal sexual assault, criminal sexual | 16 | | abuse, or aggravated criminal sexual abuse committed against | 17 | | teachers, teacher
personnel, administrative personnel or | 18 | | educational support
personnel to the local law enforcement
| 19 | | authorities immediately after the occurrence of
the attack . The | 20 | | local law enforcement agency shall report the incident
and to | 21 | | the Department of State Police's Illinois
Uniform Crime | 22 | | Reporting Program in a form, manner, and frequency as | 23 | | prescribed by the Department of State Police no later than 3 |
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| 1 | | days after the
occurrence of the attack . The State Board of | 2 | | Education shall receive monthly
as well as annual statistical | 3 | | compilations of attacks on school personnel
from the Department | 4 | | of State Police through the
Illinois Uniform Crime Reporting | 5 | | Program.
The State Board of Education shall compile this | 6 | | information by school
district and make it available to the | 7 | | public.
| 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 | 12 | | counselors, and
support staff, shall immediately notify the | 13 | | office of the principal in the
event that they observe any | 14 | | person in possession of a firearm on school
grounds or on | 15 | | school owned or leased property, including any conveyance | 16 | | owned, leased, or used by the school for the transport of | 17 | | students or school personnel ; provided that taking such | 18 | | immediate action to notify the office of the
principal would | 19 | | not immediately endanger the health, safety, or welfare of
| 20 | | students who are under the direct supervision of the school | 21 | | official or the
school official. If the health, safety, or | 22 | | welfare of students under the
direct supervision of the school | 23 | | official or of the school official is
immediately endangered, | 24 | | the school official shall notify the office of the
principal as | 25 | | soon as the students under his or her supervision and he or she
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| 1 | | are no longer under immediate danger. A report is not required | 2 | | by this Section
when the school official knows that the person | 3 | | in possession of the firearm is
a law enforcement official | 4 | | engaged in the conduct of his or her official
duties. Any | 5 | | school official acting in good faith who makes such a report | 6 | | under
this Section shall have immunity from any civil or | 7 | | criminal liability that
might otherwise be incurred as a result | 8 | | of making the report , except for willful or wanton misconduct . | 9 | | The identity of
the school official making such report shall | 10 | | not be disclosed except as
expressly and specifically | 11 | | authorized by law. Knowingly and willfully failing
to comply | 12 | | with this Section is a petty offense. A second or subsequent | 13 | | offense
is a Class C misdemeanor.
| 14 | | (b) Upon receiving a report from any school official | 15 | | pursuant to this
Section, or from any other person, the | 16 | | principal or his or her designee shall
immediately notify a | 17 | | local law enforcement agency and require a police report to be | 18 | | completed . If the person found to be
in possession of a firearm | 19 | | on school grounds is a student, then the law enforcement agency | 20 | | shall notify the student's parent or guardian pursuant to the | 21 | | Juvenile Court Act of 1987 the principal or
his or her designee | 22 | | shall also immediately notify that student's parent or
| 23 | | guardian . Any principal or his or her designee acting in good | 24 | | faith who makes
such reports under this Section shall have | 25 | | immunity from any civil or criminal
liability that might | 26 | | otherwise be incurred or imposed as a result of making
the |
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| 1 | | reports. Knowingly and willfully failing to comply with this | 2 | | Section is a
petty offense. A second or subsequent offense is a | 3 | | Class C misdemeanor. If
the person found to be in possession of | 4 | | the firearm on school grounds is a
minor, the law enforcement | 5 | | agency shall detain that minor until such time as
the agency | 6 | | makes a determination pursuant to clause (a) of subsection (1) | 7 | | of
Section 5-401 of the Juvenile Court Act of 1987, as to | 8 | | whether the agency
reasonably believes that the minor is | 9 | | delinquent. If the law enforcement
agency determines that | 10 | | probable cause exists to believe that the minor
committed a | 11 | | violation of item (4) of subsection (a) of Section 24-1 of the
| 12 | | Criminal Code of 1961 while on school grounds, the agency shall | 13 | | detain the
minor for processing pursuant to Section 5-407 of | 14 | | the Juvenile Court Act of
1987.
| 15 | | (c) On or after January 1, 1997, upon receipt of any | 16 | | written,
electronic, or verbal report from any school personnel | 17 | | regarding a verified
incident involving a firearm in a school | 18 | | or on school owned or leased property,
including any conveyance | 19 | | owned,
leased, or used by the school for the transport of | 20 | | students or school
personnel, the superintendent or his or her | 21 | | designee , or other appropriate administrative officer for a | 22 | | private school, shall report all such
firearm-related | 23 | | incidents occurring in a school or on school property to the
| 24 | | local law enforcement authorities immediately and require a | 25 | | police report to be completed. The local law enforcement agency | 26 | | shall report the incident to the Department of State Police's |
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| 1 | | Illinois Uniform Crime Reporting Program
Police in a form, | 2 | | manner, and frequency as prescribed by the Department of
State | 3 | | Police.
| 4 | | The State Board of Education shall receive an annual | 5 | | statistical compilation
and related data associated with | 6 | | incidents involving firearms in schools from
the Department of | 7 | | State Police. The State Board of Education shall compile
this | 8 | | information by school district and make this information it | 9 | | available to the public.
| 10 | | (d) As used in this Section, the term "firearm" shall have | 11 | | the meaning
ascribed to it in Section 1.1 of the Firearm Owners | 12 | | Identification Card Act.
| 13 | | As used in this Section, the term "school" means any public | 14 | | or private
elementary or secondary school.
| 15 | | As used in this Section, the term "school grounds" includes | 16 | | the real property
comprising any school, any conveyance owned, | 17 | | leased, or contracted by a school
to transport students to or | 18 | | from school or a school-related activity, or any
public way | 19 | | within 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 | 23 | | schools.
| 24 | | (a) In this Section:
| 25 | | "Drug" means "cannabis" as defined under subsection (a) of |
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| 1 | | Section 3 of the
Cannabis Control Act, "narcotic drug" as | 2 | | defined under subsection (aa) of
Section 102
of the Illinois | 3 | | Controlled Substances Act, or "methamphetamine" as defined | 4 | | under Section 10 of the Methamphetamine Control and Community | 5 | | Protection Act.
| 6 | | "School" means any public or private elementary or | 7 | | secondary school.
| 8 | | (b) Upon receipt of any written, electronic, or verbal | 9 | | report from any
school
personnel regarding a verified incident | 10 | | involving drugs in a school or on
school owned or
leased | 11 | | property, including any conveyance owned, leased, or used by | 12 | | the school
for the
transport of students or school personnel, | 13 | | the superintendent or his or her
designee, or other appropriate | 14 | | administrative officer for a private school,
shall
report all | 15 | | such drug-related incidents occurring in a school or on school
| 16 | | property to the
local law enforcement authorities immediately | 17 | | and require a police report to be completed. The local law | 18 | | enforcement agency shall report the incident to the Department | 19 | | of State Police's Illinois Uniform Crime Reporting Program
| 20 | | Police in a
form, manner, and frequency as prescribed by the | 21 | | Department of State Police.
| 22 | | (c) The State Board of Education shall receive an annual | 23 | | statistical
compilation
and related data associated with | 24 | | drug-related incidents in schools from the
Department of
State | 25 | | Police. The State Board of Education shall compile this | 26 | | information by
school
district and make it available to the |
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| 1 | | public.
| 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 | 6 | | counselors, and support staff, shall immediately notify the | 7 | | office of the principal in the event that they observe any | 8 | | person who is a student in grade 6 through 12 or any person not | 9 | | a student commit an assault, a battery, a criminal sexual | 10 | | assault, an aggravated criminal sexual assault, a predatory | 11 | | criminal sexual assault of a child, criminal sexual abuse, or | 12 | | aggravated criminal sexual abuse on school grounds or on school | 13 | | owned or leased property, including any conveyance owned, | 14 | | leased, or used by the school for the transport of students. | 15 | | Incidents involving great bodily harm shall be reported | 16 | | involving students in all grades. Any school official acting in | 17 | | good faith who makes a report under this Section shall have | 18 | | immunity from any civil or criminal liability that might | 19 | | otherwise be incurred as a result of making the report. The | 20 | | identity of the school official making the report shall not be | 21 | | disclosed except as expressly and specifically authorized by | 22 | | law. Knowingly and willfully failing to comply with this | 23 | | subsection (a) is a petty offense. A second or subsequent | 24 | | offense is a Class C misdemeanor. | 25 | | (b) Upon receiving a report from any school official |
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| 1 | | pursuant to this Section or from any other person, the | 2 | | principal or his or her designee shall immediately notify a | 3 | | local law enforcement agency and require a report to be | 4 | | completed. The local law enforcement agency shall report the | 5 | | incident to the Department of State Police's Illinois Uniform | 6 | | Crime Reporting Program in a form, manner, and frequency as | 7 | | prescribed by the Department of State Police. Any principal or | 8 | | his or her designee acting in good faith who makes a report | 9 | | 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. Knowingly and willfully | 12 | | failing to comply with this subsection (b) is a petty offense. | 13 | | A second or subsequent offense is a Class C misdemeanor. | 14 | | (c) If the person found to have committed an offense | 15 | | specified under subsection (a) of this Section is a minor, then | 16 | | the law enforcement agency shall detain that minor until such | 17 | | time as the agency makes a determination pursuant to clause (a) | 18 | | of subsection (1) of Section 5-401 of the Juvenile Court Act of | 19 | | 1987 as to whether the agency reasonably believes that the | 20 | | minor is delinquent. If the law enforcement agency determines | 21 | | that probable cause exists to believe that the minor committed | 22 | | a violation of Section 12-1, 12-2, 12-3, or 12-3.05 of the | 23 | | Criminal Code of 1961 while on school grounds or on school | 24 | | owned or leased property, including any conveyance owned, | 25 | | leased, or used by the school for the transport of students, | 26 | | then the agency shall detain the minor for processing pursuant |
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| 1 | | to Section 5-407 of the Juvenile Court Act of 1987. | 2 | | (d) The State Board of Education shall receive an annual | 3 | | statistical compilation and related data associated with | 4 | | incidents in schools from the Department of State Police. The | 5 | | State Board of Education shall compile this information by | 6 | | school 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 | 10 | | written,
electronic, or verbal report from any school personnel | 11 | | regarding a verified
incident involving a firearm in a school | 12 | | or on school owned or leased property,
including any conveyance | 13 | | owned,
leased, or used by the school for the transport of | 14 | | students or school
personnel, the general superintendent of | 15 | | schools or chief executive officer or his or her designee shall | 16 | | report all
such
firearm-related incidents occurring in a school | 17 | | or on school property to the
local law enforcement authorities | 18 | | immediately no later than 24 hours after the occurrence
of the | 19 | | incident and require a police report to be completed. The local | 20 | | law enforcement agency shall report the incident to the | 21 | | Department of State Police's Illinois Uniform Crime Reporting | 22 | | Program Police in a form, manner, and
frequency as prescribed | 23 | | by the Department of State Police.
| 24 | | (b) Any school official acting in good faith who makes a | 25 | | report under this Section shall have immunity from any civil or |
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| 1 | | criminal liability that might otherwise be incurred or imposed | 2 | | as a result of making the report, except for willful or wanton | 3 | | misconduct. Knowingly and willfully failing to comply with this | 4 | | Section is a petty offense. A second or subsequent offense is a | 5 | | Class C misdemeanor. | 6 | | (c) If the person found to be in possession of the firearm | 7 | | on school grounds is a minor, then the law enforcement agency | 8 | | shall detain that minor until such time as the agency makes a | 9 | | determination pursuant to clause (a) of subsection (1) of | 10 | | Section 5-401 of the Juvenile Court Act of 1987 as to whether | 11 | | the agency reasonably believes that the minor is delinquent. If | 12 | | the person found to be
in possession of a firearm is a minor, | 13 | | then the law enforcement agency shall notify the minor's parent | 14 | | or guardian pursuant to the Juvenile Court Act of 1987. If the | 15 | | law enforcement agency determines that probable cause exists to | 16 | | believe that the minor committed a violation of item (4) of | 17 | | subsection (a) of Section 24-1 of the Criminal Code of 1961 | 18 | | while on school grounds, the agency shall detain the minor for | 19 | | processing and shall notify the minor's parent or guardian | 20 | | pursuant to the Juvenile Court Act of 1987. | 21 | | (d) The State Board of Education shall receive an annual | 22 | | statistical compilation
and related data associated with | 23 | | incidents involving firearms in schools from
the Department of | 24 | | State Police. As used in this Section, the term "firearm"
shall | 25 | | have the meaning ascribed to it in Section 1.1 of the Firearm | 26 | | Owners
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, | 3 | | 2012.
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