Bill Text: IL HB2627 | 2019-2020 | 101st General Assembly | Chaptered
Bill Title: Amends the School Code. Provides that, before detaining and questioning a student on school grounds who is under 18 years of age and who is suspected of committing a criminal act, a law enforcement officer, school resource officer, or other school security personnel must comply with certain requirements; defines "school grounds". Provides that the requirements do not limit the authority of a law enforcement officer to make an arrest on school grounds and do not apply to specified circumstances that would cause a reasonable person to believe that urgent and immediate action is necessary. Effective immediately.
Spectrum: Partisan Bill (Democrat 43-0)
Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0478 [HB2627 Detail]
Download: Illinois-2019-HB2627-Chaptered.html
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| Public Act 101-0478 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by adding Section | ||||
22-85 as follows:
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(105 ILCS 5/22-85 new) | ||||
Sec. 22-85. Parental notification of law enforcement | ||||
detainment and questioning on school grounds. | ||||
(a) In this Section, "school grounds" means the real | ||||
property comprising an active and operational elementary or | ||||
secondary school during the regular hours in which school is in | ||||
session and when students are present. | ||||
(b) Before detaining and questioning a student on school | ||||
grounds who is under 18 years of age and who is suspected of | ||||
committing a criminal act, a law enforcement officer, school | ||||
resource officer, or other school security personnel must do | ||||
all of the following: | ||||
(1) Ensure that notification or attempted notification | ||||
of the student's parent or guardian is made. | ||||
(2) Document the time and manner in which the | ||||
notification or attempted notification under paragraph (1) | ||||
occurred. | ||||
(3) Make reasonable efforts to ensure that the | ||||
student's parent or guardian is present during the | ||
questioning or, if the parent or guardian is not present, | ||
ensure that school personnel, including, but not limited | ||
to, a school social worker, a school psychologist, a school | ||
nurse, a school guidance counselor, or any other mental | ||
health professional, are present during the questioning. | ||
(4) If practicable, make reasonable efforts to ensure | ||
that a law enforcement officer trained in promoting safe | ||
interactions and communications with youth is present | ||
during the questioning. An officer who received training in | ||
youth investigations approved or certified by his or her | ||
law enforcement agency or under Section 10.22 of the Police | ||
Training Act or a juvenile police officer, as defined under | ||
Section 1-3 of the Juvenile Court Act of 1987, satisfies | ||
the requirement under this paragraph. | ||
(c) This Section does not limit the authority of a law | ||
enforcement officer to make an arrest on school grounds. This | ||
Section does not apply to circumstances that would cause a | ||
reasonable person to believe that urgent and immediate action | ||
is necessary to do any of the following: | ||
(1) Prevent bodily harm or injury to the student or any | ||
other person. | ||
(2) Apprehend an armed or fleeing suspect. | ||
(3) Prevent the destruction of evidence. | ||
(4) Address an emergency or other dangerous situation.
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