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91_HB0878sam001
LRB9104956NTsbam03
1 AMENDMENT TO HOUSE BILL 878
2 AMENDMENT NO. . Amend House Bill 878 as follows:
3 on page 1, immediately below line 1, by inserting the
4 following:
5 "WHEREAS, The Children of Illinois should be learning in
6 school environments that are safe and free of harm or threat
7 of harm; and
8 WHEREAS, Schools are responsible for creating safe
9 learning environments for children; and
10 WHEREAS, Schools can play an essential role in preventing
11 and intervening to stop violence in the lives of children;
12 and
13 WHEREAS, Many schools need resources to implement safety
14 and violence prevention measures; therefore"; and
15 on page 1, immediately below line 3, by inserting the
16 following:
17 "Section 3. The Illinois Violence Prevention Act of 1995
18 is amended by adding Section 25 as follows:
19 (20 ILCS 4027/25 new)
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1 Sec. 25. Safe to Learn Program.
2 (a) The Authority shall establish and administer a grant
3 program to be known as the Safe to Learn Program. Funds
4 appropriated to the Authority for this program shall be used
5 to support and fund school-based safety and violence
6 prevention programs that address any or all of the following
7 components:
8 (1) Building security, including but not limited to
9 portable metal detectors and the training and employment
10 of school resource officers.
11 (2) Violence prevention and intervention.
12 (3) Crisis management.
13 (4) Training of teachers and other school
14 personnel.
15 (b) Ten percent of any funds appropriated for this
16 program may be used by the Authority to provide technical
17 assistance and program support. Five percent of any funds
18 appropriated for this program may be used by the Authority
19 for administration of this program. Up to $500,000 of any
20 funds appropriated for this program may be used by the
21 Authority for each of 3 years to conduct a demonstration and
22 evaluation of a comprehensive prekindergarten through 12th
23 grade school-based violence prevention program in 3 pilot
24 sites in this State. The Authority shall distribute any
25 remaining funds appropriated for this program to school
26 districts in the form of grants, subject to criteria and
27 procedures developed by the Authority.
28 (c) This Section is repealed on July 1, 2002."; and
29 on page 1, by replacing lines 4 through 6 with the following:
30 "Section 5. The School Code is amended by changing
31 Sections 3-11, 10-21.7, and 10-27.1A and adding Sections
32 2-3.126, 10-20.31, 10-27.1B, 22-26, and 34-18.18 as
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1 follows:"; and
2 on page 1, line 9, after "shall", by inserting ", in
3 cooperation with the Task Force on School Safety and
4 utilizing any of its manuals or resource guides, develop
5 uniform criteria to be implemented in school safety plans.
6 Using these criteria, the State Board of Education shall";
7 and
8 on page 1, by deleting lines 11 through 21; and
9 on page 2, line 11, after "he", by inserting "or she"; and
10 on page 3, line 32, after "schools", by inserting ", subject
11 to the award of a grant by the State Board of Education,";
12 and
13 on page 4, line 2, after "safety plan", by inserting "or
14 revise their current safety plan to implement the criteria
15 developed by the State Board of Education, in cooperation
16 with the Task Force on School Safety, as specified in the
17 school safety assessment audit"; and
18 on page 4, line 6, by replacing "may" with "shall"; and
19 on page 4, by replacing lines 8 through 17 with the
20 following:
21 "(105 ILCS 5/10-21.7) (from Ch. 122, par. 10-21.7)
22 Sec. 10-21.7. Attacks on school personnel.
23 (a) In the Section, "school" means any public or private
24 elementary or secondary school.
25 (b) Upon receipt of a written complaint from any school
26 personnel, the superintendent, or other appropriate
27 administrative officer for a private school, shall report all
28 incidents of battery committed against teachers, teacher
29 personnel, administrative personnel or educational support
30 personnel to the local law enforcement authorities
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1 immediately no later than 24 hours after the occurrence of
2 the attack and to the Department of State Police's Illinois
3 Uniform Crime Reporting Program no later than 3 days after
4 the occurrence of the attack. The State Board of Education
5 shall receive monthly as well as annual statistical
6 compilations of attacks on school personnel from the
7 Department of State Police through the Illinois Uniform Crime
8 Reporting Program. The State Board of Education shall
9 compile this information by school district and make it
10 available to the public.
11 (Source: P.A. 85-1420.)
12 (105 ILCS 5/10-27.1A)
13 Sec. 10-27.1A. Reporting Firearms in schools.
14 (a) All school officials, including teachers, guidance
15 counselors, and support staff, shall immediately notify the
16 office of the principal in the event that they observe any
17 person in possession of a firearm on school grounds; provided
18 that taking such immediate action to notify the office of the
19 principal would not immediately endanger the health, safety,
20 or welfare of students who are under the direct supervision
21 of the school official or the school official. If the
22 health, safety, or welfare of students under the direct
23 supervision of the school official or of the school official
24 is immediately endangered, the school official shall notify
25 the office of the principal as soon as the students under his
26 or her supervision and he or she are no longer under
27 immediate danger. A report is not required by this Section
28 when the school official knows that the person in possession
29 of the firearm is a law enforcement official engaged in the
30 conduct of his or her official duties. Any school official
31 acting in good faith who makes such a report under this
32 Section shall have immunity from any civil or criminal
33 liability that might otherwise be incurred as a result of
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1 making the report. The identity of the school official
2 making such report shall not be disclosed except as expressly
3 and specifically authorized by law. Knowingly and willfully
4 failing to comply with this Section is a petty offense. A
5 second or subsequent offense is a Class C misdemeanor.
6 (b) Upon receiving a report from any school official
7 pursuant to this Section, or from any other person, the
8 principal or his or her designee shall immediately notify a
9 local law enforcement agency. If the person found to be in
10 possession of a firearm on school grounds is a student, the
11 principal or his or her designee shall also immediately
12 notify that student's parent or guardian. Any principal or
13 his or her designee acting in good faith who makes such
14 reports under this Section shall have immunity from any civil
15 or criminal liability that might otherwise be incurred or
16 imposed as a result of making the reports. Knowingly and
17 willfully failing to comply with this Section is a petty
18 offense. A second or subsequent offense is a Class C
19 misdemeanor. If the person found to be in possession of the
20 firearm on school grounds is a minor, the law enforcement
21 agency shall detain that minor until such time as the agency
22 makes a determination pursuant to clause (a) of subsection
23 (1) of Section 5-401 of the Juvenile Court Act of 1987, as to
24 whether the agency reasonably believes that the minor is
25 delinquent. If the law enforcement agency determines that
26 probable cause exists to believe that the minor committed a
27 violation of item (4) of subsection (a) of Section 24-1 of
28 the Criminal Code of 1961 while on school grounds, the agency
29 shall detain the minor for processing pursuant to Section
30 5-407 of the Juvenile Court Act of 1987.
31 (c) On or after January 1, 1997, upon receipt of any
32 written, electronic, or verbal report from any school
33 personnel regarding a verified incident involving a firearm
34 in a school or on school owned or leased property, including
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1 any conveyance owned, leased, or used by the school for the
2 transport of students or school personnel, the superintendent
3 or his or her designee shall report all such firearm-related
4 incidents occurring in a school or on school property to the
5 local law enforcement authorities immediately no later than
6 24 hours after the occurrence of the incident and to the
7 Department of State Police in a form, manner, and frequency
8 as prescribed by the Department of State Police.
9 The State Board of Education shall receive an annual
10 statistical compilation and related data associated with
11 incidents involving firearms in schools from the Department
12 of State Police. The State Board of Education shall compile
13 this information by school district and make it available to
14 the public.
15 (d) As used in this Section, the term "firearm" shall
16 have the meaning ascribed to it in Section 1.1 of the Firearm
17 Owners Identification Card Act.
18 As used in this Section, the term "school" means any
19 public or private elementary or secondary school.
20 As used in this Section, the term "school grounds"
21 includes the real property comprising any school, any
22 conveyance owned, leased, or contracted by a school to
23 transport students to or from school or a school-related
24 activity, or any public way within 1,000 feet of the real
25 property comprising any school.
26 (Source: P.A. 89-498, eff. 6-27-96.)
27 (105 ILCS 5/10-27.1B new)
28 Sec. 10-27.1B. Reporting drug-related incidents in
29 schools.
30 (a) In this Section:
31 "Drug" means "cannabis" as defined under subsection (a)
32 of Section 3 of the Cannabis Control Act or "narcotic drug"
33 as defined under subsection (aa) of Section 102 of the
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1 Illinois Controlled Substances 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
6 incident involving drugs in a school or on school owned or
7 leased property, including any conveyance owned, leased, or
8 used by the school for the transport of students or school
9 personnel, the superintendent or his or her designee, or
10 other appropriate administrative officer for a private
11 school, shall report all such drug-related incidents
12 occurring in a school or on school property to the local law
13 enforcement authorities immediately and to the Department of
14 State Police in a form, manner, and frequency as prescribed
15 by the Department of State Police.
16 (c) The State Board of Education shall receive an annual
17 statistical compilation and related data associated with
18 drug-related incidents in schools form the Department of
19 State Police. The State Board of Education shall compile
20 this information by school district and make it available to
21 the public. "; and
22 on page 4, by replacing lines 22 through 25 with the
23 following:
24 "(1) Two members of the Senate appointed by the
25 President of the Senate and one member of the Senate
26 appointed by the Minority Leader of the Senate.
27 (2) Two members of the House of Representatives
28 appointed by the Speaker of the House and one member of
29 the House of Representatives appointed by the Minority
30 Leader of the House."; and
31 on page 5, immediately below line 13, by inserting the
32 following:
33 "(12) Two superintendents of school districts
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1 appointed by the State Superintendent of Education.
2 (13) One member of the Office of the Illinois
3 Attorney General appointed by the Attorney General."; and
4 on page 5, line 18, after "identify", by inserting "and
5 review"; and
6 on page 5, line 23, after the period, by inserting "The Task
7 Force shall, in cooperation with the State Board of
8 Education, develop uniform criteria to be implemented in
9 school safety plans."; and
10 on page 5, line 33, after "schools", by inserting ", subject
11 to the award of a grant by the State Board of Education,";
12 and
13 on page 6, line 3, after "safety plan", by inserting "or
14 revise their current safety plan to implement the criteria
15 developed by the State Board of Education, in cooperation
16 with the Task Force on School Safety, as specified in the
17 school safety assessment audit"; and
18 on page 6, line 7, by replacing "may" with "shall"; and
19 on page 6 by deleting lines 9 through 18; and
20 on page 10, line 33, by deleting ", 12-4.2,"; and
21 on page 10, line 33, by deleting "and adding Section"; and
22 on page 11, line 1, by deleting "31-9"; and
23 on page 11, line 5, after "he", by inserting "or she"; and
24 on page 11, lines 15, 16, 18, and 20, by replacing "his" each
25 time it appears with "his or her"; and
26 on page 12, lines 13, 19, 21, 22, and 33, by replacing "his"
27 each time it appears with "his or her"; and
28 on page 13, lines 4, 8, and 24, by replacing "his" each time
-9- LRB9104956NTsbam03
1 it appears with "his or her"; and
2 on page 14, by deleting lines 25 through 33; and
3 by deleting page 15; and
4 on page 16, by deleting lines 1 through 6; and
5 on page 16, lines 10 and 11, by replacing "he" each time it
6 appears with "he or she"; and
7 on page 16, line 12, after "knows", by inserting "or
8 reasonably should know"; and
9 on page 16, line 15, by replacing "he knows" with "he or she
10 knows or reasonably should know"; and
11 on page 16, line 16, after "occupied", by inserting "by a
12 person"; and
13 on page 16, line 18, after "he", by inserting "or she"; and
14 on page 16, lines 21, 23, and 25, by replacing "his" each
15 time it appears with "his or her"; and
16 on page 16, line 27, after "he", by inserting "or she"; and
17 on page 16, lines 31 and 32, by replacing "his" each time it
18 appears with "his or her"; and
19 on page 17, line 1, after "his", by inserting "or her"; and
20 on page 17, line 3, after "he", by inserting "or she"; and
21 on page 17, lines 12, 17, and 22, by replacing "his" each
22 time it appears with "his or her"; and
23 on page 17, line 24, after "he", by inserting "or she"; and
24 on page 17, line 33, after "his", by inserting "or her"; and
25 on page 18, lines 4 and 9, by replacing "his" each time it
26 appears with "his or her"; and
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1 on page 18, by replacing lines 10 through 22 with the
2 following:
3 "(b) A violation of subsection (a)(1) or subsection
4 (a)(2) of this Section is a Class 1 felony. A violation of
5 subsection (a)(1) or (a)(2) of this Section committed in a
6 school, on the real property comprising a school, within
7 1,000 feet of the real property comprising a school, at a
8 school related activity or on or within 1,000 feet of any
9 conveyance owned, leased, or contracted by a school to
10 transport students to or from school or a school related
11 activity, regardless of the time of day or time of year that
12 the offense was committed is a Class X felony. A violation of
13 subsection (a)(3), (a)(4), (a)(5), or (a)(6) of this Section
14 is a Class X felony for which the sentence shall be a term of
15 imprisonment of no less than 10 years and not more than 45
16 years.
17 (c) For purposes of this Section:
18 "School" means a public or private elementary or
19 secondary school, community college, college, or university.
20 "School related activity" means any sporting, social,
21 academic, or other activity for which students' attendance or
22 participation is sponsored, organized, or funded in whole or
23 in part by a school or school district."; and
24 on page 18, by deleting lines 24 through 33; and
25 on page 19, by deleting line 1.