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91_HB0878ham002
LRB9104956NTksam01
1 AMENDMENT TO HOUSE BILL 878
2 AMENDMENT NO. . Amend House Bill 878 by replacing
3 the title with the following:
4 "AN ACT concerning school safety, amending named Acts.";
5 and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The School Code is amended by adding
9 Sections 2-3.126, 2-3.127, 10-20.31, 10-21.7-5, 22-26,
10 34-18.18, and 34-84a.2 and by changing Section 3-11 as
11 follows:
12 (105 ILCS 5/2-3.126 new)
13 Sec. 2-3.126. School safety assessment audit. The State
14 Board of Education shall develop a school safety assessment
15 audit, which shall be distributed to all public schools.
16 (105 ILCS 5/2-3.127 new)
17 Sec. 2-3.127. School Resource Officer Grant Program.
18 The School Resource Officer Grant Program is hereby created,
19 which the State Board of Education shall administer. The
20 State Board of Education shall award grants, subject to
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1 appropriation, to agencies who train school resource officers
2 for the purpose of training school resource officers and to
3 schools for training and the centralizing of information.
4 The State Board of Education shall establish a grant
5 application process and may adopt any rules necessary to
6 carry out its responsibilities under this Section.
7 (105 ILCS 5/3-11) (from Ch. 122, par. 3-11)
8 Sec. 3-11. Institutes or inservice training workshops.
9 In counties of less than 2,000,000 inhabitants, the regional
10 superintendent may arrange for or conduct district, regional,
11 or county institutes, or equivalent professional educational
12 experiences, not more than 4 days annually. Of those 4 days,
13 2 days may be used as a teacher's workshop, when approved by
14 the regional superintendent, up to 2 days may be used for
15 conducting parent-teacher conferences or up to 2 days may be
16 utilized as parental institute days as provided in Section
17 10-22.18d. A school district may use one of its 4 institute
18 days on the last day of the school term. "Institute" or
19 "Professional educational experiences" means any educational
20 gathering, demonstration of methods of instruction,
21 visitation of schools or other institutions or facilities, or
22 sexual abuse and sexual assault awareness seminar held or
23 approved by the regional superintendent and declared by him
24 to be an institute day, or parent-teacher conferences. With
25 the concurrence of the State Superintendent of Education, he
26 may employ such assistance as is necessary to conduct the
27 institute. Two or more adjoining counties may jointly hold
28 an institute. Institute instruction shall be free to holders
29 of certificates good in the county or counties holding the
30 institute, and to those who have paid an examination fee and
31 failed to receive a certificate.
32 In counties of 2,000,000 or more inhabitants, the
33 regional superintendent may arrange for or conduct district,
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1 regional, or county inservice training workshops, or
2 equivalent professional educational experiences, not more
3 than 4 days annually. Of those 4 days, 2 days may be used for
4 conducting parent-teacher conferences and up to 2 days may be
5 utilized as parental institute days as provided in Section
6 10-22.18d. A school district may use one of those 4 days on
7 the last day of the school term. "Inservice Training
8 Workshops" or "Professional educational experiences" means
9 any educational gathering, demonstration of methods of
10 instruction, visitation of schools or other institutions or
11 facilities, or sexual abuse and sexual assault awareness
12 seminar held or approved by the regional superintendent and
13 declared by him to be an inservice training workshop, or
14 parent-teacher conferences. With the concurrence of the
15 State Superintendent of Education, he may employ such
16 assistance as is necessary to conduct the inservice training
17 workshop. With the approval of the regional superintendent,
18 2 or more adjoining districts may jointly hold an inservice
19 training workshop. In addition, with the approval of the
20 regional superintendent, one district may conduct its own
21 inservice training workshop with subject matter consultants
22 requested from the county, State or any State institution of
23 higher learning.
24 Such teachers institutes as referred to in this Section
25 may be held on consecutive or separate days at the option of
26 the regional superintendent having jurisdiction thereof.
27 Whenever reference is made in this Act to "teachers
28 institute", it shall be construed to include the inservice
29 training workshops or equivalent professional educational
30 experiences provided for in this Section.
31 Any institute advisory committee existing on April 1,
32 1995, is dissolved and the duties and responsibilities of the
33 institute advisory committee are assumed by the regional
34 office of education advisory board.
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1 Districts providing inservice training programs shall
2 constitute inservice committees, 1/2 of which shall be
3 teachers, 1/4 school service personnel and 1/4 administrators
4 to establish program content and schedules.
5 The teachers institutes shall include teacher training
6 committed to peer counseling programs and other anti-violence
7 and conflict resolution programs, including without
8 limitation programs for preventing at risk students from
9 committing violent acts.
10 (Source: P.A. 88-89; 89-335, eff. 1-1-96.)
11 (105 ILCS 5/10-20.31 new)
12 Sec. 10-20.31. School safety assessment audit; safety
13 plan. The school board shall require schools to complete a
14 school safety assessment audit, as developed by the State
15 Board of Education pursuant to Section 2-3.126, and to
16 develop a written safety plan. The plan shall be subject to
17 approval by the school board. Once approved, the school
18 shall file the plan with the State Board of Education and the
19 regional superintendent of schools. The State Board of
20 Education may provide, subject to appropriation, grants for
21 the purposes of this Section.
22 (105 ILCS 5/10-21.7-5 new)
23 Sec. 10-21.7-5. Principal to report certain felonies and
24 misdemeanors. The principal shall report the occurrence of a
25 felony or misdemeanor offense occurring on school grounds, in
26 the school, on a school bus, or at an activity supervised by
27 school employees to the local law enforcement agency within
28 24 hours after the principal becomes aware of the occurrence.
29 The principal shall also report the occurrence to the State
30 Board of Education, who shall make the information available
31 to the public.
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1 (105 ILCS 5/22-26 new)
2 Sec. 22-26. Task Force on School Safety.
3 (a) The Task Force on School Safety is hereby created.
4 The Task Force shall consist of the following members:
5 (1) One member of the Senate appointed by the
6 President of the Senate.
7 (2) One member of the House of Representatives
8 appointed by the Speaker of the House.
9 (3) Two regional superintendents of schools
10 appointed by the State Superintendent of Education.
11 (4) One teacher who is a member of the Illinois
12 Federation of Teachers, appointed by the State
13 Superintendent of Education.
14 (5) One teacher who is a member of the Illinois
15 Education Association, appointed by the State
16 Superintendent of Education.
17 (6) One member of the Illinois Sheriffs'
18 Association appointed by the Governor.
19 (7) One member of the State's Attorneys Association
20 appointed by the Governor.
21 (8) One member of the Illinois Public Defenders
22 Association appointed by the Governor.
23 (9) One member of the Illinois Violence Prevention
24 Authority.
25 (10) One member appointed by the Governor.
26 (11) One member of the Illinois Principals
27 Association appointed by the Illinois Principals
28 Association.
29 The Task Force shall meet initially at the call of the
30 Speaker of the House and the President of the Senate, shall
31 select one member as chairperson at its initial meeting, and
32 shall thereafter meet at the call of the chairperson.
33 (b) The Task Force shall identify all school safety
34 programs offered by schools and State agencies and make
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1 recommendations of successful programs, including without
2 limitation peer mediation, and shall study alternative
3 education programs and their current status, waiting lists,
4 and capital needs. The Task Force shall also make
5 recommendations on the streamlining, centralization, and
6 coordination of school safety resources and programs offered
7 by various entities, agencies, and governmental units. The
8 Task Force shall submit a report on its findings and
9 recommendations to the General Assembly and the Governor by
10 January 1, 2000.
11 (c) This Section is repealed on January 2, 2000.
12 (105 ILCS 5/34-18.18 new)
13 Sec. 34-18.18. School safety assessment audit; safety
14 plan. The board of education shall require schools to
15 complete a school safety assessment audit, as developed by
16 the State Board of Education pursuant to Section 2-3.126, and
17 to develop a written safety plan. The plan shall be subject
18 to approval by the board of education. Once approved, the
19 school shall file the plan with the State Board of Education
20 and the regional superintendent of schools. The State Board
21 of Education may provide, subject to appropriation, grants
22 for the purposes of this Section.
23 (105 ILCS 5/34-84a.2 new)
24 Sec. 34-84a.2. Principal to report certain felonies and
25 misdemeanors. The principal of each attendance center shall
26 report the occurrence of a felony or misdemeanor offense
27 occurring on school grounds, in the school, on a school bus,
28 or at an activity supervised by school employees to the local
29 law enforcement agency within 24 hours after the principal
30 becomes aware of the occurrence. The principal shall also
31 report the occurrence to the State Board of Education, who
32 shall make the information available to the public.
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1 Section 10. The Juvenile Court Act of 1987 is amended by
2 changing Section 1-7 as follows:
3 (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
4 Sec. 1-7. Confidentiality of law enforcement records.
5 (A) Inspection and copying of law enforcement records
6 maintained by law enforcement agencies that relate to a minor
7 who has been arrested or taken into custody before his or her
8 17th birthday shall be restricted to the following:
9 (1) Any local, State or federal law enforcement
10 officers of any jurisdiction or agency when necessary for
11 the discharge of their official duties during the
12 investigation or prosecution of a crime or relating to a
13 minor who has been adjudicated delinquent and there has
14 been a previous finding that the act which constitutes
15 the previous offense was committed in furtherance of
16 criminal activities by a criminal street gang. For
17 purposes of this Section, "criminal street gang" has the
18 meaning ascribed to it in Section 10 of the Illinois
19 Streetgang Terrorism Omnibus Prevention Act.
20 (2) Prosecutors, probation officers, social
21 workers, or other individuals assigned by the court to
22 conduct a pre-adjudication or pre-disposition
23 investigation, and individuals responsible for
24 supervising or providing temporary or permanent care and
25 custody for minors pursuant to the order of the juvenile
26 court, when essential to performing their
27 responsibilities.
28 (3) Prosecutors and probation officers:
29 (a) in the course of a trial when institution
30 of criminal proceedings has been permitted under
31 Section 5-4 or required under Section 5-805 5-4; or
32 (b) when institution of criminal proceedings
33 has been permitted under Section 5-4 or required
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1 under Section 5-805 5-4 and such minor is the
2 subject of a proceeding to determine the amount of
3 bail; or
4 (c) when criminal proceedings have been
5 permitted under Section 5-4 or required under
6 Section 5-805 5-4 and such minor is the subject of a
7 pre-trial investigation, pre-sentence investigation,
8 fitness hearing, or proceedings on an application
9 for probation.
10 (4) Adult and Juvenile Prisoner Review Board.
11 (5) Authorized military personnel.
12 (6) Persons engaged in bona fide research, with the
13 permission of the Presiding Judge of the Juvenile Court
14 and the chief executive of the respective law enforcement
15 agency; provided that publication of such research
16 results in no disclosure of a minor's identity and
17 protects the confidentiality of the minor's record.
18 (7) Department of Children and Family Services
19 child protection investigators acting in their official
20 capacity.
21 (8) The appropriate school official. Inspection
22 and copying shall be limited to law enforcement records
23 transmitted to the appropriate school official by a local
24 law enforcement agency (a) who shall report all weapons
25 related offenses, as defined in the federal Guns Free
26 Schools Act, and violent crimes committed by minors
27 enrolled in the school to the school official and (b)
28 under a reciprocal reporting system established and
29 maintained between the school district and the local law
30 enforcement agency under Section 10-20.14 of the School
31 Code concerning a minor enrolled in a school within the
32 school district who has been arrested or taken into
33 custody for any of the following offenses:
34 (i) unlawful use of weapons under Section 24-1
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1 of the Criminal Code of 1961;
2 (ii) a violation of the Illinois Controlled
3 Substances Act;
4 (iii) a violation of the Cannabis Control Act;
5 or
6 (iv) a forcible felony as defined in Section
7 2-8 of the Criminal Code of 1961.
8 (B) (1) Except as provided in paragraph (2), no law
9 enforcement officer or other person or agency may
10 knowingly transmit to the Department of Corrections,
11 Adult Division or the Department of State Police or to
12 the Federal Bureau of Investigation any fingerprint or
13 photograph relating to a minor who has been arrested or
14 taken into custody before his or her 17th birthday,
15 unless the court in proceedings under this Act authorizes
16 the transmission or enters an order under Section 5-805
17 5-4 permitting or requiring the institution of criminal
18 proceedings.
19 (2) Law enforcement officers or other persons or
20 agencies shall transmit to the Department of State
21 Police copies of fingerprints and descriptions of all
22 minors who have been arrested or taken into custody
23 before their 17th birthday for the offense of unlawful
24 use of weapons under Article 24 of the Criminal Code of
25 1961, a Class X or Class 1 felony, a forcible felony as
26 defined in Section 2-8 of the Criminal Code of 1961, or a
27 Class 2 or greater felony under the Cannabis Control Act,
28 the Illinois Controlled Substances Act, or Chapter 4 of
29 the Illinois Vehicle Code, pursuant to Section 5 of the
30 Criminal Identification Act. Information reported to the
31 Department pursuant to this Section may be maintained
32 with records that the Department files pursuant to
33 Section 2.1 of the Criminal Identification Act. Nothing
34 in this Act prohibits a law enforcement agency from
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1 fingerprinting a minor taken into custody or arrested
2 before his or her 17th birthday for an offense other than
3 those listed in this paragraph (2).
4 (C) The records of law enforcement officers concerning
5 all minors under 17 years of age must be maintained separate
6 from the records of arrests and may not be open to public
7 inspection or their contents disclosed to the public except
8 by order of the court or when the institution of criminal
9 proceedings has been permitted under Section 5-4 or required
10 under Section 5-805 5-4 or such a person has been convicted
11 of a crime and is the subject of pre-sentence investigation
12 or proceedings on an application for probation or when
13 provided by law.
14 (D) Nothing contained in subsection (C) of this Section
15 shall prohibit the inspection or disclosure to victims and
16 witnesses of photographs contained in the records of law
17 enforcement agencies when the inspection and disclosure is
18 conducted in the presence of a law enforcement officer for
19 the purpose of the identification or apprehension of any
20 person subject to the provisions of this Act or for the
21 investigation or prosecution of any crime.
22 (E) Law enforcement officers may not disclose the
23 identity of any minor in releasing information to the general
24 public as to the arrest, investigation or disposition of any
25 case involving a minor.
26 (F) Nothing contained in this Section shall prohibit law
27 enforcement agencies from communicating with each other by
28 letter, memorandum, teletype or intelligence alert bulletin
29 or other means the identity or other relevant information
30 pertaining to a person under 17 years of age if there are
31 reasonable grounds to believe that the person poses a real
32 and present danger to the safety of the public or law
33 enforcement officers. The information provided under this
34 subsection (F) shall remain confidential and shall not be
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1 publicly disclosed, except as otherwise allowed by law.
2 (G) Nothing in this Section shall prohibit the right of
3 a Civil Service Commission or appointing authority of any
4 state, county or municipality examining the character and
5 fitness of an applicant for employment with a law enforcement
6 agency or correctional institution from obtaining and
7 examining the records of any law enforcement agency relating
8 to any record of the applicant having been arrested or taken
9 into custody before the applicant's 17th birthday.
10 (Source: P.A. 89-221, eff. 8-4-95; 89-362, eff. 8-18-95;
11 89-626, eff. 8-9-96; 90-127, eff. 1-1-98; revised 8-26-98.)
12 Section 15. The Criminal Code of 1961 is amended by
13 changing Sections 12-2, 12-4.2, and 24-1.2 and adding Section
14 31-9 as follows:
15 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
16 Sec. 12-2. Aggravated assault.
17 (a) A person commits an aggravated assault, when, in
18 committing an assault, he:
19 (1) Uses a deadly weapon or any device manufactured
20 and designed to be substantially similar in appearance to
21 a firearm, other than by discharging a firearm in the
22 direction of another person, a peace officer, a person
23 summoned or directed by a peace officer, a correctional
24 officer or a fireman or in the direction of a vehicle
25 occupied by another person, a peace officer, a person
26 summoned or directed by a peace officer, a correctional
27 officer or a fireman while the officer or fireman is
28 engaged in the execution of any of his official duties,
29 or to prevent the officer or fireman from performing his
30 official duties, or in retaliation for the officer or
31 fireman performing his official duties;
32 (2) Is hooded, robed or masked in such manner as to
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1 conceal his identity or any device manufactured and
2 designed to be substantially similar in appearance to a
3 firearm;
4 (3) Knows the individual assaulted to be a teacher
5 or other person employed in any school and such teacher
6 or other employee is upon the grounds of a school or
7 grounds adjacent thereto, or is in any part of a building
8 used for school purposes;
9 (4) Knows the individual assaulted to be a
10 supervisor, director, instructor or other person employed
11 in any park district and such supervisor, director,
12 instructor or other employee is upon the grounds of the
13 park or grounds adjacent thereto, or is in any part of a
14 building used for park purposes;
15 (5) Knows the individual assaulted to be a
16 caseworker, investigator, or other person employed by the
17 State Department of Public Aid, a County Department of
18 Public Aid, or the Department of Human Services (acting
19 as successor to the Illinois Department of Public Aid
20 under the Department of Human Services Act) and such
21 caseworker, investigator, or other person is upon the
22 grounds of a public aid office or grounds adjacent
23 thereto, or is in any part of a building used for public
24 aid purposes, or upon the grounds of a home of a public
25 aid applicant, recipient or any other person being
26 interviewed or investigated in the employees' discharge
27 of his duties, or on grounds adjacent thereto, or is in
28 any part of a building in which the applicant, recipient,
29 or other such person resides or is located;
30 (6) Knows the individual assaulted to be a peace
31 officer, or a community policing volunteer, or a fireman
32 while the officer or fireman is engaged in the execution
33 of any of his official duties, or to prevent the officer,
34 community policing volunteer, or fireman from performing
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1 his official duties, or in retaliation for the officer,
2 community policing volunteer, or fireman performing his
3 official duties, and the assault is committed other than
4 by the discharge of a firearm in the direction of the
5 officer or fireman or in the direction of a vehicle
6 occupied by the officer or fireman;
7 (7) Knows the individual assaulted to be an
8 emergency medical technician - ambulance, emergency
9 medical technician - intermediate, emergency medical
10 technician - paramedic, ambulance driver or other medical
11 assistance or first aid personnel employed by a
12 municipality or other governmental unit engaged in the
13 execution of any of his official duties, or to prevent
14 the emergency medical technician - ambulance, emergency
15 medical technician - intermediate, emergency medical
16 technician - paramedic, ambulance driver, or other
17 medical assistance or first aid personnel from performing
18 his official duties, or in retaliation for the emergency
19 medical technician - ambulance, emergency medical
20 technician - intermediate, emergency medical technician -
21 paramedic, ambulance driver, or other medical assistance
22 or first aid personnel performing his official duties;
23 (8) Knows the individual assaulted to be the
24 driver, operator, employee or passenger of any
25 transportation facility or system engaged in the business
26 of transportation of the public for hire and the
27 individual assaulted is then performing in such capacity
28 or then using such public transportation as a passenger
29 or using any area of any description designated by the
30 transportation facility or system as a vehicle boarding,
31 departure, or transfer location;
32 (9) Or the individual assaulted is on or about a
33 public way, public property, or public place of
34 accommodation or amusement;
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1 (10) Knows the individual assaulted to be an
2 employee of the State of Illinois, a municipal
3 corporation therein or a political subdivision thereof,
4 engaged in the performance of his authorized duties as
5 such employee;
6 (11) Knowingly and without legal justification,
7 commits an assault on a physically handicapped person;
8 (12) Knowingly and without legal justification,
9 commits an assault on a person 60 years of age or older;
10 (13) Discharges a firearm;
11 (14) Knows the individual assaulted to be a
12 correctional officer, while the officer is engaged in the
13 execution of any of his or her official duties, or to
14 prevent the officer from performing his or her official
15 duties, or in retaliation for the officer performing his
16 or her official duties; or
17 (15) Knows the individual assaulted to be a
18 correctional employee, while the employee is engaged in
19 the execution of any of his or her official duties, or to
20 prevent the employee from performing his or her official
21 duties, or in retaliation for the employee performing his
22 or her official duties, and the assault is committed
23 other than by the discharge of a firearm in the direction
24 of the employee or in the direction of a vehicle occupied
25 by the employee.
26 (b) Sentence.
27 Aggravated assault as defined in paragraphs (1) (2), (4),
28 and through (5) and (7) through (12) of subsection (a) of
29 this Section is a Class A misdemeanor. Aggravated assault as
30 defined in paragraphs (3), (13), (14), and (15) of subsection
31 (a) of this Section is a Class 4 felony. Aggravated assault
32 as defined in paragraph (6) of subsection (a) of this Section
33 is a Class A misdemeanor if a firearm is not used in the
34 commission of the assault. Aggravated assault as defined in
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1 paragraph (6) of subsection (a) of this Section is a Class 4
2 felony if a firearm is used in the commission of the assault.
3 (Source: P.A. 89-507, eff. 7-1-97; 90-406, eff. 8-15-97;
4 90-651, eff. 1-1-99.)
5 (720 ILCS 5/12-4.2) (from Ch. 38, par. 12-4.2)
6 Sec. 12-4.2. Aggravated Battery with a firearm.
7 (a) A person commits aggravated battery with a firearm
8 when he, in committing a battery, knowingly or intentionally
9 by means of the discharging of a firearm (1) causes any
10 injury to another person, or (2) causes any injury to a
11 person he knows to be a peace officer, a community policing
12 volunteer, a correctional institution employee or a fireman
13 while the officer, volunteer, employee or fireman is engaged
14 in the execution of any of his official duties, or to prevent
15 the officer, volunteer, employee or fireman from performing
16 his official duties, or in retaliation for the officer,
17 volunteer, employee or fireman performing his official
18 duties, or (3) causes any injury to a person he knows to be
19 an emergency medical technician - ambulance, emergency
20 medical technician - intermediate, emergency medical
21 technician - paramedic, ambulance driver, or other medical
22 assistance or first aid personnel, employed by a municipality
23 or other governmental unit, while the emergency medical
24 technician - ambulance, emergency medical technician -
25 intermediate, emergency medical technician - paramedic,
26 ambulance driver, or other medical assistance or first aid
27 personnel is engaged in the execution of any of his official
28 duties, or to prevent the emergency medical technician -
29 ambulance, emergency medical technician - intermediate,
30 emergency medical technician - paramedic, ambulance driver,
31 or other medical assistance or first aid personnel from
32 performing his official duties, or in retaliation for the
33 emergency medical technician - ambulance, emergency medical
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1 technician - intermediate, emergency medical technician -
2 paramedic, ambulance driver, or other medical assistance or
3 first aid personnel performing his official duties, or (4)
4 causes any injury to a person he or she knows to be a
5 teacher, and the teacher is upon the grounds of a school or
6 grounds adjacent thereto or is in any part of a building
7 used for school purposes.
8 (b) A violation of subsection (a) (1) of this Section is
9 a Class X felony. A violation of subsection (a) (2), or
10 subsection (a) (3), or subsection (a) (4) of this Section is
11 a Class X felony for which the sentence shall be a term of
12 imprisonment of no less than 15 years and no more than 60
13 years.
14 (c) For purposes of this Section, "firearm" is defined
15 as in "An Act relating to the acquisition, possession and
16 transfer of firearms and firearm ammunition, to provide a
17 penalty for the violation thereof and to make an
18 appropriation in connection therewith", approved August 1,
19 1967, as amended.
20 (Source: P.A. 90-651, eff. 1-1-99.)
21 (720 ILCS 5/24-1.2) (from Ch. 38, par. 24-1.2)
22 Sec. 24-1.2. Aggravated discharge of a firearm.
23 (a) A person commits aggravated discharge of a firearm
24 when he knowingly or intentionally:
25 (1) Discharges a firearm at or into a building he
26 knows to be occupied and the firearm is discharged from a
27 place or position outside that building;
28 (2) Discharges a firearm in the direction of
29 another person or in the direction of a vehicle he knows
30 to be occupied;
31 (3) Discharges a firearm in the direction of a
32 person he knows to be a peace officer, a community
33 policing volunteer, a correctional institution employee,
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1 or a fireman while the officer, volunteer, employee or
2 fireman is engaged in the execution of any of his
3 official duties, or to prevent the officer, volunteer,
4 employee or fireman from performing his official duties,
5 or in retaliation for the officer, volunteer, employee or
6 fireman performing his official duties;
7 (4) Discharges a firearm in the direction of a
8 vehicle he knows to be occupied by a peace officer, a
9 person summoned or directed by a peace officer, a
10 correctional institution employee or a fireman while the
11 officer, employee or fireman is engaged in the execution
12 of any of his official duties, or to prevent the officer,
13 employee or fireman from performing his official duties,
14 or in retaliation for the officer, employee or fireman
15 performing his official duties;
16 (5) Discharges a firearm in the direction of a
17 person he knows to be an emergency medical technician -
18 ambulance, emergency medical technician - intermediate,
19 emergency medical technician - paramedic, ambulance
20 driver, or other medical assistance or first aid
21 personnel, employed by a municipality or other
22 governmental unit, while the emergency medical technician
23 - ambulance, emergency medical technician - intermediate,
24 emergency medical technician - paramedic, ambulance
25 driver, or other medical assistance or first aid
26 personnel is engaged in the execution of any of his
27 official duties, or to prevent the emergency medical
28 technician - ambulance, emergency medical technician -
29 intermediate, emergency medical technician - paramedic,
30 ambulance driver, or other medical assistance or first
31 aid personnel from performing his official duties, or in
32 retaliation for the emergency medical technician -
33 ambulance, emergency medical technician - intermediate,
34 emergency medical technician - paramedic, ambulance
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1 driver, or other medical assistance or first aid
2 personnel performing his official duties; or
3 (6) Discharges a firearm in the direction of a
4 vehicle he knows to be occupied by an emergency medical
5 technician - ambulance, emergency medical technician -
6 intermediate, emergency medical technician - paramedic,,
7 ambulance driver, or other medical assistance or first
8 aid personnel, employed by a municipality or other
9 governmental unit, while the emergency medical technician
10 - ambulance, emergency medical technician - intermediate,
11 emergency medical technician - paramedic, ambulance
12 driver, or other medical assistance or first aid
13 personnel is engaged in the execution of any of his
14 official duties, or to prevent the emergency medical
15 technician - ambulance, emergency medical technician -
16 intermediate, emergency medical technician - paramedic,
17 ambulance driver, or other medical assistance or first
18 aid personnel from performing his official duties, or in
19 retaliation for the emergency medical technician -
20 ambulance, emergency medical technician - intermediate,
21 emergency medical technician - paramedic, ambulance
22 driver, or other medical assistance or first aid
23 personnel performing his official duties.
24 (b) A violation of subsection (a)(1) or subsection
25 (a)(2) of this Section is a Class 1 felony. A violation of
26 subsection (a)(1) or (a)(2) of this Section committed in a
27 school or on the real property comprising a school,
28 regardless of the time of the day or time of year that the
29 offense was committed, is a Class X felony. A violation of
30 subsection (a)(3), (a)(4), (a)(5), or (a)(6) of this Section
31 is a Class X felony for which the sentence shall be a term of
32 imprisonment of no less than 10 years and not more than 45
33 years.
34 (c) For purposes of this Section, "school" means any
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1 public or private elementary or secondary school, community
2 college, college, or university.
3 (Source: P.A. 90-651, eff. 1-1-99; revised 10-31-98.)
4 (720 ILCS 5/31-9 new)
5 Sec. 31-9. Certain school officials to report certain
6 felonies and misdemeanors. The principal or other appropriate
7 administrative officer of each attendance center of a public
8 or nonpublic elementary or secondary school shall report the
9 occurrence of a felony or misdemeanor offense occurring on
10 school grounds, in the school, on a school bus, or at an
11 activity supervised by school employees to the local law
12 enforcement agency within 24 hours after the principal or
13 other appropriate administrative officer becomes aware of the
14 occurrence.
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.".