91st General Assembly
Summary of SB0756
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House 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.                   
        SENATE 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       
   if the court determines that the person's release would pose a real         
   and present threat to the physical safety of another. 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. 3.                                                
        Further  amends  the  School  Code.   Makes  changes   concerning      
   notification  procedures.   Imposes  criminal  penalties  for  certain      
        HOUSE AMENDMENT NO. 1.  (Tabled May 20, 1999)                          
          Adds reference to:                                                   
          720 ILCS 5/24-9 new                                                  
          720 ILCS 5/24-9.1 new                                                
        Amends the  Criminal  Code  of  1961.   Creates  the  offense  of      
   unlawful  storage  of  a firearm.  Prohibits a person from negligently      
   keeping a loaded firearm within any premises or vehicle that is  under      
   his  or  her control so that a child under 14 who is not supervised is      
   likely to be able to gain access to the firearm, and the  child  gains      
   access  to the firearm and possesses, uses, or exhibits it either in a      
   public place or in a negligent, suicidal, threatening,  or  assaultive      
   manner.  Establishes  rebuttable  presumptions.   Penalty is a Class C      
   misdemeanor for a first offense and a Class A misdemeanor for a second      
   or subsequent offense.   Requires a commerical seller of firearms to        
   deliver a written warning to a purchaser of a firearm that it is un-        
   lawful, and punishable by imprisonment and a fine, for a person to          
   store or leave a firearm in a place within the reach or easy access of      
   a minor under 14 years of age. Penalty is a petty offense with a $500       
   maximum fine.                                                               
          FISCAL NOTE (State Board of Education)                               
          Local governments and SBE should incur no increased expendi-         
          tures or additional costs. SB756 does not specify who is to pay      
          for the psychological evaluations, which would cost between          
          $500 - $1,000 per student. Number of students is unknown.            
          STATE MANDATES NOTE (State Board of Education)                       
          Same as SBE fiscal note.                                             
          FISCAL NOTE, H-AM 1 (Dept. of Corrections)                           
          No corrections population or fiscal impact.                          
          CORRECTIONAL NOTE, H-AM 1 (Dept. of Corrections)                     
          Same as DOC fiscal note.                                             
Last action on Bill: TOTAL VETO STANDS

   Last action date: 99-11-18

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   0     SENATE -   2


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