91st General Assembly
Summary of HB1194
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Senate Sponsors:

Short description: 
STUDENT POSSESS FIREARM IN SCH                                             

Synopsis of Bill as introduced:
        Amends the School Code, the Juvenile Court Act of 1987,  and  the      
   Code  of  Criminal Procedure of 1963.  Requires a principal to place a      
   student found to be knowingly in possession of a firearm in a  school,      
   on  school  property,  or at a school-sponsored activity or event into      
   the custody of a local  law  enforcement  agency.   Requires  the  law      
   enforcement  agency  to sign a criminal complaint against the student.      
   Provides that the student shall remain in custody  at  least  until  a      
   psychological  evaluation  is  completed.  Requires the court to order      
   the  student  to  promptly  receive  a  psychological  evaluation   to      
   determine  whether  the student presents a risk to the physical safety      
   of himself, herself, or others.  If it is determined that the  student      
   presents  a risk, requires the court to order that the student receive      
   counseling and any other services to ameliorate that  risk.   Provides      
   that a determination that the student presents a risk shall operate as      
   an  application for an order restraining the student from entering the      
   property of the school from which he or  she  has  been  suspended  or      
   expelled as a result of possessing a firearm.  Provides that the order      
   restrains  the  student  from  entering the school, school property, a      
   school-sponsored  activity  or  event,  or   any   location   normally      
   frequented  by  students of the school for the period during which the      
   student is suspended or expelled.  Effective immediately.                   
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          725 ILCS 5/109-1.5 new                                               
          Adds reference to:                                                   
          725 ILCS 5/110-4                from Ch. 38, par. 110-4              
          725 ILCS 5/110-10               from Ch. 38, par. 110-10             
        Deletes everything.  Amends the School Code, the  Juvenile  Court      
   Act  of  1987,  and  the Code of Criminal Procedure of 1963.  Requires      
   school officials, in both public and private schools,  to  immediately      
   notify  a local law enforcement agency and the office of the principal      
   in the event that they observe any person in possession of  a  firearm      
   on  school  grounds.  Provides  that  if  the  law  enforcement agency      
   determines  that  probable  cause  exists  to  believe  that  a  minor      
   committed the offense of unlawful use of  weapons,  the  agency  shall      
   detain  the minor for processing, which includes allowing the court to      
   order a psychological evaluation and to issue a restraining  order  if      
   certain  conditions  are  met.  Provides that a person is not bailable      
   before  conviction  for  possessing  a  firearm  on  school   grounds.      
   Provides  that as a condition of a bail bond, for possessing a firearm      
   on school grounds, a person is required to submit to  a  psychological      
   evaluation  and refrain from entering upon the property of the school.      
   Makes other changes.  Effective immediately.                                
        SENATE AMENDMENT NO. 1.                                                
        Makes  changes  concerning  notification   procedures.    Imposes      
   criminal penalties for certain violations.                                  
        SENATE AMENDMENT NO. 2.                                                
        Removes the provision that provides that if the court finds  that      
   there  is  probable  cause  to  believe that the minor is a delinquent      
   minor, that finding shall operate as a  determination  of  urgent  and      
   immediate necessity and the minor shall be detained.  Provides instead      
   that that finding shall create a presumption that immediate and urgent      
   necessity  exists  and  that once the presumption has been raised, the      
   burden of demonstrating the lack of  immediate  and  urgent  necessity      
   shall  be  on  any  party  that  is  opposing detention for the minor.      
   Provides that should the court order detention,  the  minor  shall  be      
Last action on Bill: PUBLIC ACT.............................. 91-0011

   Last action date: 99-06-04

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   2


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