Post by title1parent on Dec 2, 2009 6:31:23 GMT -5
www.suburbanchicagonews.com/beaconnews/news/1914729,New-laws-nothing-to-joke-about_scn120209.article
School bomb threats nothing to joke about
New law means school threats carry felony charges
December 2, 2009
By ERIKA WURST ewurst@scn1.com
Illinois students caught making threats of destruction or violence against schools, students or personnel will soon face being labeled a felon, thanks to a public act signed into law by Gov. Pat Quinn.
House Bill 1105, which takes effect Jan. 1, will change such a threat from a misdemeanor to a Class 4 felony. A person convicted of a Class 4 felony could be sentenced to between one and three years in prison.
School threats law sponsors
House: Rep. Dennis Reboletti, R-Addison, primary sponsor. Sponsored locally by: Rep. Tim Schmitz, R-Batavia, Rep. Linda Chapa LaVia, D-Aurora, and Rep. Keith Farnham, D-Elgin.
Senate: Sen. Matt Murphy, R-Palatine
Other laws kick in Jan. 1
Several other laws that will go into effect on Jan. 1 also originated from the Kane County State's Attorney's Office. At meeting with reporters on Tuesday, Kane prosecutors talked about these new pieces of legislation and amendments to current legislation, including:
• A new law allows a judge to order the confiscation of weapons and Firearm Owner's Identification Cards from the subject of a criminal emergency order of protection when a threat exists of harm with a firearm to the person seeking the protection.
Some of the amendments to the Illinois Domestic Violence Act were drafted by the office of State's Attorney John Barsanti.
Assistant State's Attorney Christine Downs, who had a major role in the legislative process, said the weapons amendment was sought to provide immediate protection for someone who is being threatened with a firearm.
• Also going into effect Jan. 1 will be several amendments to the Sexually Violent Persons Commitment Act, the Bill of Rights for Children, the Rights of Crime Victims and Witness Act, and the Code of Criminal Procedure regarding certain sex offenses against children.
As a result of these amendments, victim impact statements can be given at sentencing hearings involving certain sexual crimes against children. A judge will also be given the discretion to impose harsher sentences to a felon convicted of certain sexual crimes against children.
• Another law exempts certain child pornography actions from a statute of limitations.
Downs said this legislation will help protect victims who did not discover they were subjects of child pornography until they were adults, and thus will enable their offenders to be prosecuted.
• Amendments also were made to the Illinois Vehicle Code allowing prosecutors to register their personal vehicles to their work addresses.
Downs said this adds an extra level of safety and security to those involved in the court system.
Law enforcement personnel, including police officers and sheriff's deputies, are covered under previous legislation.
— Erika Wurst The bill was one of several public acts signed into law that originated in the Kane County State's Attorney's Office. Students caught making threats of violence can now be charged with felony obstruction of justice, Kane prosecutors said. The change, according to Assistant State's Attorney Christine Downs, came in response to violence in local schools and across the nation.
Students still could be charged with a misdemeanor, but Downs said the new legislation gives prosecutors more options.
"Sometimes (student threats) warrant a higher penalty," said Downs, who runs the state's attorney's legislative committee. "There's opportunity for a higher class offense if it's warranted."
Sandwich Police Chief Rick Olson said in recent years he's noticed a rise in the number of threats being made against teachers, students and buildings in his district. Even though most threats are never carried out, they can cause an interruption to the school day, and headaches for teachers, parents and police.
"We're entrusted with the responsibility of making a safe environment for kids, and that's huge," Olson said. "It's something that can't be taken lightly."
It remains to be seen whether the new amendment to the law will deter student threats. Either way, Geneva School Superintendent Kent Mutchler said he appreciates the state's attorney's office working to amend the legislation.
"Anything that makes it more difficult or costly for someone that makes a threat is appreciated," Mutchler said. "We'll have to wait and see if it does any good in deterring threats or actions."
Last April, half of the students at Rotolo Middle School in Batavia stayed home after a graffiti threat about a possible shooting was found at the school.
Currently, students making threats involving a bomb or other explosives that would endanger human life can be charged with felony disorderly conduct. A 16-year-old juvenile was charged with this offense last May after he wrote two bomb threats on a bathroom wall in St. Charles East High School.
Now, penalties for non-bomb-related threats could be equally harsh. Downs said the new amendment is more general in what the term "threat" means.
"Every situation is so different," Downs said. "It's good to have options. Our goal is to enact laws that have a deterrent effect, and I hope ... this is that deterrent.
"People will think twice and understand the severity of their actions," she said.
To Olson, that's the most important aspect of the new legislation. It's not unusual for a student to threaten other students, but police often have to wait for "an act of furtherance" before they can step in, Olson said.
"Hopefully, this will give us more authority to take action when someone makes statements in a threatening manner," he said.
School bomb threats nothing to joke about
New law means school threats carry felony charges
December 2, 2009
By ERIKA WURST ewurst@scn1.com
Illinois students caught making threats of destruction or violence against schools, students or personnel will soon face being labeled a felon, thanks to a public act signed into law by Gov. Pat Quinn.
House Bill 1105, which takes effect Jan. 1, will change such a threat from a misdemeanor to a Class 4 felony. A person convicted of a Class 4 felony could be sentenced to between one and three years in prison.
School threats law sponsors
House: Rep. Dennis Reboletti, R-Addison, primary sponsor. Sponsored locally by: Rep. Tim Schmitz, R-Batavia, Rep. Linda Chapa LaVia, D-Aurora, and Rep. Keith Farnham, D-Elgin.
Senate: Sen. Matt Murphy, R-Palatine
Other laws kick in Jan. 1
Several other laws that will go into effect on Jan. 1 also originated from the Kane County State's Attorney's Office. At meeting with reporters on Tuesday, Kane prosecutors talked about these new pieces of legislation and amendments to current legislation, including:
• A new law allows a judge to order the confiscation of weapons and Firearm Owner's Identification Cards from the subject of a criminal emergency order of protection when a threat exists of harm with a firearm to the person seeking the protection.
Some of the amendments to the Illinois Domestic Violence Act were drafted by the office of State's Attorney John Barsanti.
Assistant State's Attorney Christine Downs, who had a major role in the legislative process, said the weapons amendment was sought to provide immediate protection for someone who is being threatened with a firearm.
• Also going into effect Jan. 1 will be several amendments to the Sexually Violent Persons Commitment Act, the Bill of Rights for Children, the Rights of Crime Victims and Witness Act, and the Code of Criminal Procedure regarding certain sex offenses against children.
As a result of these amendments, victim impact statements can be given at sentencing hearings involving certain sexual crimes against children. A judge will also be given the discretion to impose harsher sentences to a felon convicted of certain sexual crimes against children.
• Another law exempts certain child pornography actions from a statute of limitations.
Downs said this legislation will help protect victims who did not discover they were subjects of child pornography until they were adults, and thus will enable their offenders to be prosecuted.
• Amendments also were made to the Illinois Vehicle Code allowing prosecutors to register their personal vehicles to their work addresses.
Downs said this adds an extra level of safety and security to those involved in the court system.
Law enforcement personnel, including police officers and sheriff's deputies, are covered under previous legislation.
— Erika Wurst The bill was one of several public acts signed into law that originated in the Kane County State's Attorney's Office. Students caught making threats of violence can now be charged with felony obstruction of justice, Kane prosecutors said. The change, according to Assistant State's Attorney Christine Downs, came in response to violence in local schools and across the nation.
Students still could be charged with a misdemeanor, but Downs said the new legislation gives prosecutors more options.
"Sometimes (student threats) warrant a higher penalty," said Downs, who runs the state's attorney's legislative committee. "There's opportunity for a higher class offense if it's warranted."
Sandwich Police Chief Rick Olson said in recent years he's noticed a rise in the number of threats being made against teachers, students and buildings in his district. Even though most threats are never carried out, they can cause an interruption to the school day, and headaches for teachers, parents and police.
"We're entrusted with the responsibility of making a safe environment for kids, and that's huge," Olson said. "It's something that can't be taken lightly."
It remains to be seen whether the new amendment to the law will deter student threats. Either way, Geneva School Superintendent Kent Mutchler said he appreciates the state's attorney's office working to amend the legislation.
"Anything that makes it more difficult or costly for someone that makes a threat is appreciated," Mutchler said. "We'll have to wait and see if it does any good in deterring threats or actions."
Last April, half of the students at Rotolo Middle School in Batavia stayed home after a graffiti threat about a possible shooting was found at the school.
Currently, students making threats involving a bomb or other explosives that would endanger human life can be charged with felony disorderly conduct. A 16-year-old juvenile was charged with this offense last May after he wrote two bomb threats on a bathroom wall in St. Charles East High School.
Now, penalties for non-bomb-related threats could be equally harsh. Downs said the new amendment is more general in what the term "threat" means.
"Every situation is so different," Downs said. "It's good to have options. Our goal is to enact laws that have a deterrent effect, and I hope ... this is that deterrent.
"People will think twice and understand the severity of their actions," she said.
To Olson, that's the most important aspect of the new legislation. It's not unusual for a student to threaten other students, but police often have to wait for "an act of furtherance" before they can step in, Olson said.
"Hopefully, this will give us more authority to take action when someone makes statements in a threatening manner," he said.
