HB 1579

Abstract

Amends the Juvenile Court Act of 1987. Provides that before a sentencing order is entered by the court for a minor adjudged delinquent for disorderly conduct by transmitting or causing to be transmitted in any manner a threat of destruction of a school building or school property, or a threat of violence, death, or bodily harm directed against persons at a school, school function, or school event, whether or not school is in session, in which the minor made a threat of violence, death, or bodily harm against a person, school, school function, or school event, the court shall order a mental health evaluation of the minor by a physician, clinical psychologist, or qualified examiner, whether employed by the State, by any public or private mental health facility or part of the facility, or by any public or private medical facility or part of the facility. Provides that a statement made by a minor during the course of a mental health evaluation conducted under the Act is not admissible on the issue of delinquency during the course of an adjudicatory hearing held under the Act. Amends the Criminal Code of 2012 concerning disorderly conduct. Provides that the threat may be made in any manner. Provides that reimbursement by the defendant for the costs of an emergency response to a school does not apply if the court determines that the defendant is indigent. House Floor Amendment No. 1 Provides that before a sentencing order is entered by the court for a minor adjudged delinquent for disorderly conduct by transmitting or causing to be transmitted in any manner a threat of destruction of a school building or school property, or a threat of violence, death, or bodily harm directed against persons at a school, school function, or school event, whether or not school is in session, in which the minor made a threat of violence, death, or bodily harm against a person, school, school function, or school event, the court may (in the introduced bill, shall) order a mental health evaluation of the minor by a physician, clinical psychologist, or qualified examiner, whether employed by the State, by any public or private mental health facility or part of the facility, or by any public or private medical facility or part of the facility. Senate Committee Amendment No. 1 In the amendatory changes to the Criminal Code of 2012, provides that the requirement for reimbursement of the unit of government for an emergency response only applies to false alarm of a threat that a bomb or explosive device has been placed in the school (rather than any emergency response to the school). Requires a person convicted of a false alarm that a bomb, explosive of any nature or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in a place where its explosion or release would endanger human life to reimburse the public agency for the reasonable costs of the emergency response by the public agency up to $10,000. Senate Committee Amendment No. 2 In the amendatory changes to the Juvenile Court Act of 1987, provides that neither the physician, clinical psychologist, qualified examiner, or his or her employer shall be held criminally, civilly, or professionally liable for performing a mental health examination before the court enters a sentencing order for a minor adjudicated delinquent for a disorderly conduct violation of making a threat of violence, death, or bodily harm against a person, school, school function, or school event, except for willful or wanton misconduct.