Full Text of SB1550 099th General Assembly
SB1550 99TH GENERAL ASSEMBLY |
| | 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. | |
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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.
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| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 10-21.7, 10-27.1A, 10-27.1B, and 34-8.05 and by adding Section | 6 | | 22-80 as follows:
| 7 | | (105 ILCS 5/10-21.7) (from Ch. 122, par. 10-21.7)
| 8 | | Sec. 10-21.7. Attacks on school personnel.
| 9 | | (a) In this the Section, "school" means any entity subject | 10 | | to regulation under this Code public or private elementary or
| 11 | | secondary school .
| 12 | | (b) Upon receipt of a
written complaint from any school | 13 | | personnel, the principal or his or her designee superintendent, | 14 | | or other
appropriate administrative officer for a private | 15 | | school, shall
report all incidents of battery , aggravated | 16 | | battery, assault, aggravated assault, criminal sexual assault, | 17 | | or criminal homicide committed against teachers, teacher
| 18 | | personnel, administrative personnel or educational support
| 19 | | personnel to the local law enforcement
authorities immediately | 20 | | after the occurrence of
the attack
and to the Department of | 21 | | State Police's Illinois
Uniform Crime Reporting Program no | 22 | | later than 3 days after the
occurrence of the attack . The local | 23 | | law enforcement authority shall, by March 1 of each year, |
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| 1 | | report the required data from the previous year to the | 2 | | Department of State Police's Illinois Uniform Crime Reporting | 3 | | Program. The State Board of Education shall receive monthly
as | 4 | | well as annual statistical compilations of attacks on school | 5 | | personnel
from the Department of State Police through the
| 6 | | Illinois Uniform Crime Reporting Program.
The State Board of | 7 | | Education shall compile this information by school
district and | 8 | | make it available to the public.
| 9 | | (Source: P.A. 91-491, eff. 8-13-99.)
| 10 | | (105 ILCS 5/10-27.1A)
| 11 | | Sec. 10-27.1A. Firearms in schools.
| 12 | | (a) As used in this Section: | 13 | | "Firearm" shall have the meaning ascribed to it in Section | 14 | | 1.1 of the Firearm Owners Identification Card Act. | 15 | | "School" means any entity subject to regulation under this | 16 | | Code. | 17 | | "School grounds" includes the real property comprising any | 18 | | school, any conveyance owned, leased, or contracted by a school | 19 | | to transport students to or from school or a school-related | 20 | | activity, or any public way within 1,000 feet of the real | 21 | | property comprising any school. | 22 | | (b) (a) All school officials, including teachers, guidance | 23 | | counselors, and
support staff, shall immediately notify the | 24 | | office of the principal in the
event that they observe any | 25 | | person in possession of a firearm on school
grounds; provided |
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| 1 | | that taking such immediate action to notify the office of the
| 2 | | principal would not immediately endanger the health, safety, or | 3 | | welfare of
students who are under the direct supervision of the | 4 | | school official or the
school official. If the health, safety, | 5 | | or welfare of students under the
direct supervision of the | 6 | | school official or of the school official is
immediately | 7 | | endangered, the school official shall notify the office of the
| 8 | | principal as soon as the students under his or her supervision | 9 | | and he or she
are no longer under immediate danger. A report is | 10 | | not required by this Section
when the school official knows | 11 | | that the person in possession of the firearm is
a law | 12 | | enforcement official engaged in the conduct of his or her | 13 | | official
duties. Any school official acting in good faith who | 14 | | makes such a report under
this Section shall have immunity from | 15 | | any civil or criminal liability that
might otherwise be | 16 | | incurred as a result of making the report. The identity of
the | 17 | | school official making such report shall not be disclosed | 18 | | except as
expressly and specifically authorized by law. | 19 | | Knowingly and willfully failing
to comply with this Section is | 20 | | a petty offense. A second or subsequent offense
is a Class C | 21 | | misdemeanor.
| 22 | | (c) (b) Upon receiving a report from any school official | 23 | | pursuant to this
Section, or from any other person, the | 24 | | principal or his or her designee shall
immediately notify a | 25 | | local law enforcement agency. If the person found to be
in | 26 | | possession of a firearm on school grounds is a student, the |
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| 1 | | principal or
his or her designee shall also immediately notify | 2 | | that student's parent or
guardian. Any principal or his or her | 3 | | designee acting in good faith who makes
such reports under this | 4 | | Section shall have immunity from any civil or criminal
| 5 | | liability that might otherwise be incurred or imposed as a | 6 | | result of making
the reports. Knowingly and willfully failing | 7 | | to comply with this Section is a
petty offense. A second or | 8 | | subsequent offense is a Class C misdemeanor. If
the person | 9 | | found to be in possession of the firearm on school grounds is a
| 10 | | minor, the law enforcement agency shall detain that minor until | 11 | | such time as
the agency makes a determination pursuant to | 12 | | clause (a) of subsection (1) of
Section 5-401 of the Juvenile | 13 | | Court Act of 1987, as to whether the agency
reasonably believes | 14 | | that the minor is delinquent. If the law enforcement
agency | 15 | | determines that probable cause exists to believe that the minor
| 16 | | committed a violation of item (4) of subsection (a) of Section | 17 | | 24-1 of the
Criminal Code of 2012 while on school grounds, the | 18 | | agency shall detain the
minor for processing pursuant to | 19 | | Section 5-407 of the Juvenile Court Act of
1987.
| 20 | | (d) (c) On or after January 1, 1997, upon receipt of any | 21 | | written,
electronic, or verbal report from any school personnel | 22 | | regarding a verified
incident involving a firearm in a school | 23 | | or on school owned or leased property,
including any conveyance | 24 | | owned,
leased, or used by the school for the transport of | 25 | | students or school
personnel, the superintendent or his or her | 26 | | designee shall report all such
firearm-related incidents |
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| 1 | | occurring in a school or on school property to the
local law | 2 | | enforcement authorities immediately and to the Department of | 3 | | State
Police in a form, manner, and frequency as prescribed by | 4 | | the Department of
State Police . The local law enforcement | 5 | | authority shall, by March 1 of each year, report the required | 6 | | data from the previous year to the Department of State Police's | 7 | | Illinois Uniform Crime Reporting Program.
| 8 | | The State Board of Education shall receive an annual | 9 | | statistical compilation
and related data associated with | 10 | | incidents involving firearms in schools from
the Department of | 11 | | State Police. The State Board of Education shall compile
this | 12 | | information by school district and make it available to the | 13 | | public.
| 14 | | (d) As used in this Section, the term "firearm" shall have | 15 | | the meaning
ascribed to it in Section 1.1 of the Firearm Owners | 16 | | Identification Card Act.
| 17 | | As used in this Section, the term "school" means any public | 18 | | or private
elementary or secondary school.
| 19 | | As used in this Section, the term "school grounds" includes | 20 | | the real property
comprising any school, any conveyance owned, | 21 | | leased, or contracted by a school
to transport students to or | 22 | | from school or a school-related activity, or any
public way | 23 | | within 1,000 feet of the real property comprising any school.
| 24 | | (Source: P.A. 97-1150, eff. 1-25-13.)
| 25 | | (105 ILCS 5/10-27.1B)
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| 1 | | Sec. 10-27.1B. Reporting drug-related incidents in | 2 | | schools.
| 3 | | (a) In this Section:
| 4 | | "Drug" means "cannabis" as defined under subsection (a) of | 5 | | Section 3 of the
Cannabis Control Act, "narcotic drug" as | 6 | | defined under subsection (aa) of
Section 102
of the Illinois | 7 | | Controlled Substances Act, "drug paraphernalia" as defined | 8 | | under subsection (d) of Section 2 of the Drug Paraphernalia | 9 | | Control Act, or "methamphetamine" as defined under Section 10 | 10 | | of the Methamphetamine Control and Community Protection Act.
| 11 | | "School" means any entity subject to regulation under this | 12 | | Code public or private elementary or secondary school .
| 13 | | (b) Upon receipt of any written, electronic, or verbal | 14 | | report from any
school
personnel regarding a verified incident | 15 | | involving drugs in a school or on
school owned or
leased | 16 | | property, including any conveyance owned, leased, or used by | 17 | | the school
for the
transport of students or school personnel, | 18 | | the principal superintendent or his or her
designee , or other | 19 | | appropriate administrative officer for a private school,
shall
| 20 | | report all such drug-related incidents occurring in a school or | 21 | | on school
property to the
local law enforcement authorities | 22 | | immediately and to the Department of State
Police in a
form, | 23 | | manner, and frequency as prescribed by the Department of State | 24 | | Police . The local law enforcement authority shall, by March 1 | 25 | | of each year, report the required data from the previous year | 26 | | to the Department of State Police's Illinois Uniform Crime |
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| 1 | | Reporting Program.
| 2 | | (c) The State Board of Education shall receive an annual | 3 | | statistical
compilation
and related data associated with | 4 | | drug-related incidents in schools from the
Department of
State | 5 | | Police. The State Board of Education shall compile this | 6 | | information by
school
district and make it available to the | 7 | | public.
| 8 | | (Source: P.A. 94-556, eff. 9-11-05.)
| 9 | | (105 ILCS 5/22-80 new) | 10 | | Sec. 22-80. Principals shall report incidents of | 11 | | intimidation. | 12 | | (a) In this Section: | 13 | | "Intimidation" shall have the meaning ascribed to it by | 14 | | Section 12-6 of the Criminal Code of 2012. | 15 | | "School" means any entity subject to regulation under this | 16 | | Code. | 17 | | (b) The principal of each public or private elementary or | 18 | | secondary school shall promptly notify and report to the local | 19 | | law enforcement authorities each incident of intimidation of | 20 | | which he or she has knowledge and each alleged incident of | 21 | | intimidation that is reported to him or her, either orally or | 22 | | in writing, by any pupil or by any teacher or other licensed or | 23 | | non-licensed personnel employed at the school. The local law | 24 | | enforcement authority shall, by March 1 of each year, report | 25 | | the required data from the previous year to the Department of |
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| 1 | | State Police's Illinois Uniform Crime Reporting Program.
| 2 | | (105 ILCS 5/34-8.05)
| 3 | | Sec. 34-8.05. Reporting firearms in schools. | 4 | | (a) As used in this Section, the term "firearm" shall have | 5 | | the meaning ascribed to it in Section 1.1 of the Firearm Owners | 6 | | Identification Card Act. | 7 | | (b) On or after January 1,
1997,
upon receipt of any | 8 | | written,
electronic, or verbal report from any school personnel | 9 | | regarding a verified
incident involving a firearm in a school | 10 | | or on school owned or leased property,
including any conveyance | 11 | | owned,
leased, or used by the school for the transport of | 12 | | students or school
personnel, the general superintendent or his | 13 | | or her designee shall report all
such
firearm-related incidents | 14 | | occurring in a school or on school property to the
local law | 15 | | enforcement authorities no later than 24 hours after the | 16 | | occurrence
of the incident and to the Department of State | 17 | | Police in a form, manner, and
frequency as prescribed by the | 18 | | Department of State Police . The local law enforcement authority | 19 | | shall, by March 1 of each year, report the required data from | 20 | | the previous year to the Department of State Police's Illinois | 21 | | Uniform Crime Reporting Program.
| 22 | | (c) The State Board of Education shall receive an annual | 23 | | statistical compilation
and related data associated with | 24 | | incidents involving firearms in schools from
the Department of | 25 | | State Police. As used in this Section, the term "firearm"
shall |
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| 1 | | have the meaning ascribed to it in Section 1.1 of the Firearm | 2 | | Owners
Identification Card Act.
| 3 | | (Source: P.A. 89-498, eff. 6-27-96.)
| 4 | | (105 ILCS 5/34-84a.1 rep.) | 5 | | Section 10. The School Code is amended by repealing Section | 6 | | 34-84a.1.
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