SB1550 99TH GENERAL ASSEMBLY

LRB099 09406 NHT 31056 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB1550

Introduced 2/20/2015, by Sen. Napoleon Harris, III

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-21.7	from Ch. 122, par. 10-21.7
105 ILCS 5/10-27.1A
105 ILCS 5/10-27.1B
105 ILCS 5/22-80 new
105 ILCS 5/34-8.05
105 ILCS 5/34-84a.1 rep.

Amends the School Code. Makes changes concerning reporting attacks on school personnel, including adding aggravated battery, assault, aggravated assault, criminal sexual assault, and criminal homicide as incidents that must be reported; reporting firearms in schools; and reporting drug-related incidents in schools, including adding drug paraphernalia to the definition of "drug". Sets forth provisions requiring the principal of any public or private elementary or secondary school (instead of just the principal of a Chicago public school) to report incidents of intimidation. Provides that a local law enforcement authority shall, by March 1 of each year, report certain data from the previous year to the Department of State Police's Illinois Uniform Crime Reporting Program. Removes provisions requiring the State Board of Education to compile certain information by school district and make it available to the public.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by changing Sections 10-21.7, 10-27.1A, 10-27.1B, and 34-8.05 and by adding Section 22-80 as follows:

(105 ILCS 5/10-21.7) (from Ch. 122, par. 10-21.7)

Sec. 10-21.7. Attacks on school personnel.

(a) In this the Section, "school" means any entity subject to regulation under this Code public or private elementary or secondary school.

(b) Upon receipt of a written complaint from any school personnel, the principal or his or her designee superintendent, or other appropriate administrative officer for a private school, shall report all incidents of battery, aggravated battery, assault, aggravated assault, criminal sexual assault, or criminal homicide committed against teachers, teacher personnel, administrative personnel or educational support personnel to the local law enforcement authorities immediately after the occurrence of the attack and to the Department of State Police's Illinois Uniform Crime Reporting Program no later than 3 days after the occurrence of the attack. The local law enforcement authority shall, by March 1 of each year, report the required data from the previous year to the Department of State Police's Illinois Uniform Crime Reporting Program. The State Board of Education shall receive monthly as well as annual statistical compilations of attacks on school personnel from the Department of State Police through the Illinois Uniform Crime Reporting Program. The State Board of Education shall compile this information by school district and make it available to the public.

(Source: P.A. 91-491, eff. 8-13-99.)

(105 ILCS 5/10-27.1A)

Sec. 10-27.1A. Firearms in schools.

(a) As used in this Section:

"Firearm" shall have the meaning ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act.

"School" means any entity subject to regulation under this Code.

"School grounds" includes the real property comprising any school, any conveyance owned, leased, or contracted by a school to transport students to or from school or a school-related activity, or any public way within 1,000 feet of the real property comprising any school.

(b) (a) All school officials, including teachers, guidance counselors, and support staff, shall immediately notify the office of the principal in the event that they observe any person in possession of a firearm on school grounds; provided that taking such immediate action to notify the office of the principal would not immediately endanger the health, safety, or welfare of students who are under the direct supervision of the school official or the school official. If the health, safety, or welfare of students under the direct supervision of the school official or of the school official is immediately endangered, the school official shall notify the office of the principal as soon as the students under his or her supervision and he or she are no longer under immediate danger. A report is not required by this Section when the school official knows that the person in possession of the firearm is a law enforcement official engaged in the conduct of his or her official duties. Any school official acting in good faith who makes such a report under this Section shall have immunity from any civil or criminal liability that might otherwise be incurred as a result of making the report. The identity of the school official making such report shall not be disclosed except as expressly and specifically authorized by law. Knowingly and willfully failing to comply with this Section is a petty offense. A second or subsequent offense is a Class C misdemeanor.

(c) (b) Upon receiving a report from any school official pursuant to this Section, or from any other person, the principal or his or her designee shall immediately notify a local law enforcement agency. If the person found to be in possession of a firearm on school grounds is a student, the principal or his or her designee shall also immediately notify that student's parent or guardian. Any principal or his or her designee acting in good faith who makes such reports under this Section shall have immunity from any civil or criminal liability that might otherwise be incurred or imposed as a result of making the reports. Knowingly and willfully failing to comply with this Section is a petty offense. A second or subsequent offense is a Class C misdemeanor. If the person found to be in possession of the firearm on school grounds is a minor, the law enforcement agency shall detain that minor until such time as the agency makes a determination pursuant to clause (a) of subsection (1) of Section 5-401 of the Juvenile Court Act of 1987, as to whether the agency reasonably believes that the minor is delinquent. If the law enforcement agency determines that probable cause exists to believe that the minor committed a violation of item (4) of subsection (a) of Section 24-1 of the Criminal Code of 2012 while on school grounds, the agency shall detain the minor for processing pursuant to Section 5-407 of the Juvenile Court Act of 1987.

(d) (c) On or after January 1, 1997, upon receipt of any written, electronic, or verbal report from any school personnel regarding a verified incident involving a firearm in a school or on school owned or leased property, including any conveyance owned, leased, or used by the school for the transport of students or school personnel, the superintendent or his or her designee shall report all such firearm-related incidents occurring in a school or on school property to the local law enforcement authorities immediately and to the Department of State Police in a form, manner, and frequency as prescribed by the Department of State Police. The local law enforcement authority shall, by March 1 of each year, report the required data from the previous year to the Department of State Police's Illinois Uniform Crime Reporting Program.

The State Board of Education shall receive an annual statistical compilation and related data associated with incidents involving firearms in schools from the Department of State Police. The State Board of Education shall compile this information by school district and make it available to the public.

(d) As used in this Section, the term "firearm" shall have the meaning ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act.

As used in this Section, the term "school" means any public or private elementary or secondary school.

As used in this Section, the term "school grounds" includes the real property comprising any school, any conveyance owned, leased, or contracted by a school to transport students to or from school or a school-related activity, or any public way within 1,000 feet of the real property comprising any school.

(Source: P.A. 97-1150, eff. 1-25-13.)

(105 ILCS 5/10-27.1B)

Sec. 10-27.1B. Reporting drug-related incidents in schools.

(a) In this Section:

"Drug" means "cannabis" as defined under subsection (a) of Section 3 of the Cannabis Control Act, "narcotic drug" as defined under subsection (aa) of Section 102 of the Illinois Controlled Substances Act, "drug paraphernalia" as defined under subsection (d) of Section 2 of the Drug Paraphernalia Control Act, or "methamphetamine" as defined under Section 10 of the Methamphetamine Control and Community Protection Act.

"School" means any entity subject to regulation under this Code public or private elementary or secondary school.

(b) Upon receipt of any written, electronic, or verbal report from any school personnel regarding a verified incident involving drugs in a school or on school owned or leased property, including any conveyance owned, leased, or used by the school for the transport of students or school personnel, the principal superintendent or his or her designee, or other appropriate administrative officer for a private school, shall report all such drug-related incidents occurring in a school or on school property to the local law enforcement authorities immediately and to the Department of State Police in a form, manner, and frequency as prescribed by the Department of State Police. The local law enforcement authority shall, by March 1 of each year, report the required data from the previous year to the Department of State Police's Illinois Uniform Crime Reporting Program.

(c) The State Board of Education shall receive an annual statistical compilation and related data associated with drug-related incidents in schools from the Department of State Police. The State Board of Education shall compile this information by school district and make it available to the public.

(Source: P.A. 94-556, eff. 9-11-05.)

(105 ILCS 5/22-80 new)

Sec. 22-80. Principals shall report incidents of intimidation.

(a) In this Section:

"Intimidation" shall have the meaning ascribed to it by Section 12-6 of the Criminal Code of 2012.

"School" means any entity subject to regulation under this Code.

(b) The principal of each public or private elementary or secondary school shall promptly notify and report to the local law enforcement authorities each incident of intimidation of which he or she has knowledge and each alleged incident of intimidation that is reported to him or her, either orally or in writing, by any pupil or by any teacher or other licensed or non-licensed personnel employed at the school. The local law enforcement authority shall, by March 1 of each year, report the required data from the previous year to the Department of State Police's Illinois Uniform Crime Reporting Program.

(105 ILCS 5/34-8.05)

Sec. 34-8.05. Reporting firearms in schools.

(a) As used in this Section, the term "firearm" shall have the meaning ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act.

(b) On or after January 1, 1997, upon receipt of any written, electronic, or verbal report from any school personnel regarding a verified incident involving a firearm in a school or on school owned or leased property, including any conveyance owned, leased, or used by the school for the transport of students or school personnel, the general superintendent or his or her designee shall report all such firearm-related incidents occurring in a school or on school property to the local law enforcement authorities no later than 24 hours after the occurrence of the incident and to the Department of State Police in a form, manner, and frequency as prescribed by the Department of State Police. The local law enforcement authority shall, by March 1 of each year, report the required data from the previous year to the Department of State Police's Illinois Uniform Crime Reporting Program.

(c) The State Board of Education shall receive an annual statistical compilation and related data associated with incidents involving firearms in schools from the Department of State Police. As used in this Section, the term "firearm" shall have the meaning ascribed to it in Section 1.1 of the Firearm Owners Identification Card Act.

(Source: P.A. 89-498, eff. 6-27-96.)

(105 ILCS 5/34-84a.1 rep.)

Section 10. The School Code is amended by repealing Section 34-84a.1.