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91_HB1194eng HB1194 Engrossed LRB9103697NTsb 1 AN ACT concerning schools, amending named Acts. 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 5 Section 10-27.1A as follows: 6 (105 ILCS 5/10-27.1A) 7 Sec. 10-27.1A.ReportingFirearms in schools. 8 (a) All school officials, including teachers, guidance 9 counselors, and support staff, shall immediately notify a 10 local law enforcement agency and the office of the principal 11 in the event that they observe any person in possession of a 12 firearm on school grounds. A report is not required by this 13 Section when the school official knows that the person in 14 possession of the firearm is a law enforcement official 15 engaged in the conduct of his or her official duties. 16 Willful failure to comply with this Section shall subject the 17 non-reporting school official to suspension or revocation of 18 certification, pursuant to subsection (a) of Section 21-23 of 19 this Code. 20 (b) Upon receiving a report from any school official 21 pursuant to the Section, or from any other person, the 22 principal or his or her designee shall, if not already done, 23 immediately notify a local law enforcement agency. If the 24 person found to be in possession of a firearm on school 25 grounds is a student, the principal or his or her designee 26 shall also immediately notify that student's parent or 27 guardian. Upon receiving notification from the principal or 28 his or her designee or any other school official, the local 29 law enforcement agency shall immediately commence an 30 investigation and determine whether to file a delinquency 31 petition or complaint. If the person found to be in HB1194 Engrossed -2- LRB9103697NTsb 1 possession of the firearm on school grounds is a minor, the 2 law enforcement agency shall detain that minor until such 3 time as the agency makes a determination pursuant to clause 4 (a) of subsection (1) of Section 5-401 of the Juvenile Court 5 Act of 1987, as to whether the agency reasonably believes 6 that the minor is delinquent. If the law enforcement agency 7 determines that probable cause exists to believe that the 8 minor committed a violation of item (4) of subsection (a) of 9 Section 24-1 of the Criminal Code of 1961 while on school 10 grounds, the agency shall detain the minor for processing 11 pursuant to Section 5-407 of the Juvenile Court Act of 1987. 12 (c) On or after January 1, 1997, upon receipt of any 13 written, electronic, or verbal report from any school 14 personnel regarding a verified incident involving a firearm 15 in a school or on school owned or leased property, including 16 any conveyance owned, leased, or used by the school for the 17 transport of students or school personnel, the superintendent 18 or his or her designee shall report all such firearm-related 19 incidents occurring in a school or on school property to the 20 local law enforcement authorities immediatelyno later than2124 hours after the occurrence of the incidentand to the 22 Department of State Police in a form, manner, and frequency 23 as prescribed by the Department of State Police. 24 The State Board of Education shall receive an annual 25 statistical compilation and related data associated with 26 incidents involving firearms in schools from the Department 27 of State Police. 28 (d) As used in this Section, the term "firearm" shall 29 have the meaning ascribed to it in Section 1.1 of the Firearm 30 Owners Identification Card Act. 31 As used in this Section, the term "school" means any 32 public or private elementary or secondary school. 33 As used in this Section, the term "school grounds" 34 includes the real property comprising any school, any HB1194 Engrossed -3- LRB9103697NTsb 1 conveyance owned, leased, or contracted by a school to 2 transport students to or from school or a school-related 3 activity, or any public way within 1,000 feet of the real 4 property comprising any school. 5 (Source: P.A. 89-498, eff. 6-27-96.) 6 Section 10. The Juvenile Court Act of 1987 is amended by 7 adding Section 5-407 as follows: 8 (705 ILCS 405/5-407 new) 9 Sec. 5-407. Processing of juvenile in possession of a 10 firearm. 11 (a) If a law enforcement officer detains a minor 12 pursuant to Section 10-27.1A of the School Code, the officer 13 shall deliver the minor to the nearest juvenile officer, in 14 the manner prescribed by subsection (2) of Section 5-405 of 15 this Act. The juvenile officer shall deliver the minor 16 without unnecessary delay to the court or to the place 17 designated by rule or order of court for the reception of 18 minors. In no event shall the minor be eligible for any 19 other disposition by the juvenile police officer, 20 notwithstanding the provisions of subsection (3) of Section 21 5-405 of this Act. 22 (b) Minors not excluded from this Act's jurisdiction 23 under subsection (3)(a) of Section 5-130 of this Act shall be 24 brought before a judicial officer within 40 hours, exclusive 25 of Saturdays, Sundays, and court-designated holidays, for a 26 detention hearing to determine whether he or she shall be 27 further held in custody. If the court finds that there is 28 probable cause to believe that the minor is a delinquent 29 minor by virtue of his or her violation of item (4) of 30 subsection (a) of Section 24-1 of the Criminal Code of 1961 31 while on school grounds, that finding shall operate as a 32 determination of urgent and immediate necessity under HB1194 Engrossed -4- LRB9103697NTsb 1 subdivision (2) of Section 5-501 of this Act and the minor 2 shall be detained, pending the results of a court-ordered 3 psychological evaluation to determine if the minor is a risk 4 to himself, herself, or others. Upon receipt of the 5 psychological evaluation, the court shall review the 6 determination regarding the existence of urgent and 7 immediate necessity. The court shall consider the 8 psychological evaluation in conjunction with the other 9 factors identified in subdivision (2) of Section 5-501 of 10 this Act in order to make a de novo determination regarding 11 whether it is a matter of immediate and urgent necessity for 12 the protection of the minor or of the person or property of 13 another that the minor be detained or placed in a shelter 14 care facility. In addition to the pre-trial conditions found 15 in Section 5-505 of this Act, the court may order the minor 16 to receive counseling and any other services recommended by 17 the psychological evaluation as a condition for release of 18 the minor. 19 (c) Upon making a determination that the student 20 presents a risk to himself, herself, or others, the court 21 shall issue an order restraining the student from entering 22 the property of the school if he or she has been suspended or 23 expelled from the school as a result of possessing a firearm. 24 The order shall restrain the student from entering the school 25 and school owned or leased property, including any conveyance 26 owned, leased, or contracted by the school to transport 27 students to or from school or a school-related activity. The 28 order shall remain in effect until such time as the court 29 determines that the student no longer presents a risk to 30 himself, herself, or others. 31 (d) Psychological evaluations ordered pursuant to 32 subsection (b) of this Section and statements made by the 33 minor during the course of these evaluations, shall not be 34 admissible on the issue of delinquency during the course of HB1194 Engrossed -5- LRB9103697NTsb 1 any adjudicatory hearing held under this Act. 2 (e) In this Section: 3 "School" means any public or private elementary or 4 secondary school. 5 "School grounds" includes the real property comprising 6 any school, any conveyance owned, leased, or contracted by a 7 school to transport students to or from school or a 8 school-related activity, or any public way within 1,000 feet 9 of the real property comprising any school. 10 Section 15. The Code of Criminal Procedure of 1963 is 11 amended by changing Sections 110-4 and 110-10 as follows: 12 (725 ILCS 5/110-4) (from Ch. 38, par. 110-4) 13 Sec. 110-4. Bailable Offenses. 14 (a) All persons shall be bailable before conviction, 15 except the following offenses where the proof is evident or 16 the presumption great that the defendant is guilty of the 17 offense: capital offenses; offenses for which a sentence of 18 life imprisonment may be imposed as a consequence of 19 conviction;orfelony offenses for which a sentence of 20 imprisonment, without conditional and revocable release, 21 shall be imposed by law as a consequence of conviction, where 22 the court after a hearing, determines that the release of the 23 defendant would pose a real and present threat to the 24 physical safety of any person or persons;orstalking or 25 aggravated stalking, where the court, after a hearing, 26 determines that the release of the defendant would pose a 27 real and present threat to the physical safety of the alleged 28 victim of the offense and denial of bail is necessary to 29 prevent fulfillment of the threat upon which the charge is 30 based; or unlawful use of weapons in violation of item (4) of 31 subsection (a) of Section 24-1 of the Criminal Code of 1961 32 when that offense occurred in a school or in any conveyance HB1194 Engrossed -6- LRB9103697NTsb 1 owned, leased, or contracted by a school to transport 2 students to or from school or a school-related activity, or 3 on any public way within 1,000 feet of real property 4 comprising any school, where the court, after a hearing, 5 determines that the release of the defendant would pose a 6 real and present threat to the physical safety of any person 7 and denial of bail is necessary to prevent fulfillment of 8 that threat. 9 (b) A person seeking release on bail who is charged with 10 a capital offense or an offense for which a sentence of life 11 imprisonment may be imposed shall not be bailable until a 12 hearing is held wherein such person has the burden of 13 demonstrating that the proof of his guilt is not evident and 14 the presumption is not great. 15 (c) Where it is alleged that bail should be denied to a 16 person upon the grounds that the person presents a real and 17 present threat to the physical safety of any person or 18 persons, the burden of proof of such allegations shall be 19 upon the State. 20 (d) When it is alleged that bail should be denied to a 21 person charged with stalking or aggravated stalking upon the 22 grounds set forth in Section 110-6.3 of this Code, the burden 23 of proof of those allegations shall be upon the State. 24 (Source: P.A. 87-870; 87-871; 88-45.) 25 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10) 26 Sec. 110-10. Conditions of bail bond. 27 (a) If a person is released prior to conviction, either 28 upon payment of bail security or on his or her own 29 recognizance, the conditions of the bail bond shall be that 30 he or she will: 31 (1) Appear to answer the charge in the court having 32 jurisdiction on a day certain and thereafter as ordered 33 by the court until discharged or final order of the HB1194 Engrossed -7- LRB9103697NTsb 1 court; 2 (2) Submit himself or herself to the orders and 3 process of the court; 4 (3) Not depart this State without leave of the 5 court; 6 (4) Not violate any criminal statute of any 7 jurisdiction;and8 (5) At a time and place designated by the court, 9 surrender all firearms in his or her possession to a law 10 enforcement officer designated by the court to take 11 custody of and impound the firearms when the offense the 12 person has been charged with is a forcible felony, 13 stalking, aggravated stalking, domestic battery, any 14 violation of either the Illinois Controlled Substances 15 Act or the Cannabis Control Act that is classified as a 16 Class 2 or greater felony, or any felony violation of 17 Article 24 of the Criminal Code of 1961;.the court may, 18 however, forego the imposition of this condition when the 19 circumstances of the case clearly do not warrant it or 20 when its imposition would be impractical;.all legally 21 possessed firearms shall be returned to the person upon 22 that person completing a sentence for a conviction on a 23 misdemeanor domestic battery, upon the charges being 24 dismissed, or if the person is found not guilty, unless 25 the finding of not guilty is by reason of insanity; and.26 (6) At a time and place designated by the court, 27 submit to a psychological evaluation when the person has 28 been charged with a violation of item (4) of subsection 29 (a) of Section 24-1 of the Criminal Code of 1961 and that 30 violation occurred in a school or in any conveyance 31 owned, leased, or contracted by a school to transport 32 students to or from school or a school-related activity, 33 or on any public way within 1,000 feet of real property 34 comprising any school. HB1194 Engrossed -8- LRB9103697NTsb 1 Psychological evaluations ordered pursuant to this 2 Section shall be completed promptly and made available to the 3 State, the defendant, and the court. As a further condition 4 of bail under these circumstances, the court shall order the 5 defendant to refrain from entering upon the property of the 6 school, including any conveyance owned, leased, or contracted 7 by a school to transport students to or from school or a 8 school-related activity, or on any public way within 1,000 9 feet of real property comprising any school. Upon receipt of 10 the psychological evaluation, either the State or the 11 defendant may request a change in the conditions of bail, 12 pursuant to Section 110-6 of this Code. The court may change 13 the conditions of bail to include a requirement that the 14 defendant follow the recommendations of the psychological 15 evaluation, including undergoing psychiatric treatment. The 16 conclusions of the psychological evaluation and any 17 statements elicited from the defendant during its 18 administration are not admissible as evidence of guilt during 19 the course of any trial on the charged offense, unless the 20 defendant places his or her mental competency in issue. 21 (b) The court may impose other conditions, such as the 22 following, if the court finds that such conditions are 23 reasonably necessary to assure the defendant's appearance in 24 court, protect the public from the defendant, or prevent the 25 defendant's unlawful interference with the orderly 26 administration of justice: 27 (1) Report to or appear in person before such 28 person or agency as the court may direct; 29 (2) Refrain from possessing a firearm or other 30 dangerous weapon; 31 (3) Refrain from approaching or communicating with 32 particular persons or classes of persons; 33 (4) Refrain from going to certain described 34 geographical areas or premises; HB1194 Engrossed -9- LRB9103697NTsb 1 (5) Refrain from engaging in certain activities or 2 indulging in intoxicating liquors or in certain drugs; 3 (6) Undergo treatment for drug addiction or 4 alcoholism; 5 (7) Undergo medical or psychiatric treatment; 6 (8) Work or pursue a course of study or vocational 7 training; 8 (9) Attend or reside in a facility designated by 9 the court; 10 (10) Support his or her dependents; 11 (11) If a minor resides with his or her parents or 12 in a foster home, attend school, attend a non-residential 13 program for youths, and contribute to his or her own 14 support at home or in a foster home; 15 (12) Observe any curfew ordered by the court; 16 (13) Remain in the custody of such designated 17 person or organization agreeing to supervise his release. 18 Such third party custodian shall be responsible for 19 notifying the court if the defendant fails to observe the 20 conditions of release which the custodian has agreed to 21 monitor, and shall be subject to contempt of court for 22 failure so to notify the court; 23 (14) Be placed under direct supervision of the 24 Pretrial Services Agency, Probation Department or Court 25 Services Department in a pretrial bond home supervision 26 capacity with or without the use of an approved 27 electronic monitoring device subject to Article 8A of 28 Chapter V of the Unified Code of Corrections; or 29 (14.1) The court shall impose upon a defendant who 30 is charged with any alcohol, cannabis or controlled 31 substance violation and is placed under direct 32 supervision of the Pretrial Services Agency, Probation 33 Department or Court Services Department in a pretrial 34 bond home supervision capacity with the use of an HB1194 Engrossed -10- LRB9103697NTsb 1 approved monitoring device, as a condition of such bail 2 bond, a fee not to exceed $5 for each day of such bail 3 supervision ordered by the court, unless after 4 determining the inability of the defendant to pay the 5 fee, the court assesses a lesser fee or no fee as the 6 case may be. The fee shall be collected by the clerk of 7 the circuit court. The clerk of the circuit court shall 8 pay all monies collected from this fee to the county 9 treasurer for deposit in the substance abuse services 10 fund under Section 5-1086.1 of the Counties Code; 11 (14.2) The court shall impose upon all defendants, 12 including those defendants subject to paragraph (14.1) 13 above, placed under direct supervision of the Pretrial 14 Services Agency, Probation Department or Court Services 15 Department in a pretrial bond home supervision capacity 16 with the use of an approved monitoring device, as a 17 condition of such bail bond, a fee which shall represent 18 costs incidental to such electronic monitoring for each 19 day of such bail supervision ordered by the court, unless 20 after determining the inability of the defendant to pay 21 the fee, the court assesses a lesser fee or no fee as the 22 case may be. The fee shall be collected by the clerk of 23 the circuit court. The clerk of the circuit court shall 24 pay all monies collected from this fee to the county 25 treasurer who shall use the monies collected to defray 26 the costs of corrections. The county treasurer shall 27 deposit the fee collected in the county working cash fund 28 under Section 6-27001 or Section 6-29002 of the Counties 29 Code, as the case may be; 30 (15) Comply with the terms and conditions of an 31 order of protection issued by the court under the 32 Illinois Domestic Violence Act of 1986; 33 (16) Under Section 110-6.5 comply with the 34 conditions of the drug testing program; and HB1194 Engrossed -11- LRB9103697NTsb 1 (17) Such other reasonable conditions as the court 2 may impose. 3 (c) When a person is charged with an offense under 4 Section 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the 5 "Criminal Code of 1961", involving a victim who is a minor 6 under 18 years of age living in the same household with the 7 defendant at the time of the offense, in granting bail or 8 releasing the defendant on his own recognizance, the judge 9 shall impose conditions to restrict the defendant's access to 10 the victim which may include, but are not limited to 11 conditions that he will: 12 1. Vacate the Household. 13 2. Make payment of temporary support to his 14 dependents. 15 3. Refrain from contact or communication with the 16 child victim, except as ordered by the court. 17 (d) When a person is charged with a criminal offense and 18 the victim is a family or household member as defined in 19 Article 112A, conditions shall be imposed at the time of the 20 defendant's release on bond that restrict the defendant's 21 access to the victim. Unless provided otherwise by the court, 22 the restrictions shall include requirements that the 23 defendant do the following: 24 (1) refrain from contact or communication with the 25 victim for a minimum period of 72 hours following the 26 defendant's release; and 27 (2) refrain from entering or remaining at the 28 victim's residence for a minimum period of 72 hours 29 following the defendant's release. 30 (e) Local law enforcement agencies shall develop 31 standardized bond forms for use in cases involving family or 32 household members as defined in Article 112A, including 33 specific conditions of bond as provided in subsection (d). 34 Failure of any law enforcement department to develop or use HB1194 Engrossed -12- LRB9103697NTsb 1 those forms shall in no way limit the applicability and 2 enforcement of subsections (d) and (f). 3 (f) If the defendant is admitted to bail after 4 conviction the conditions of the bail bond shall be that he 5 will, in addition to the conditions set forth in subsections 6 (a) and (b) hereof: 7 (1) Duly prosecute his appeal; 8 (2) Appear at such time and place as the court may 9 direct; 10 (3) Not depart this State without leave of the 11 court; 12 (4) Comply with such other reasonable conditions as 13 the court may impose; and, 14 (5) If the judgment is affirmed or the cause 15 reversed and remanded for a new trial, forthwith 16 surrender to the officer from whose custody he was 17 bailed. 18 (Source: P.A. 89-235, eff. 8-4-95; 89-428, eff. 12-13-95; 19 89-462, eff. 5-29-96; 90-399, eff. 1-1-98.) 20 Section 99. Effective date. This Act takes effect upon 21 becoming law.