Bill Text: IL HB3935 | 2019-2020 | 101st General Assembly | Engrossed

---

Bill Title: Amends the School Code. In provisions requiring parental notification of law enforcement detainment and questioning of a student on school grounds, specifies that notification and other actions must be made by a law enforcement officer, a school resource officer, or other school security personnel even if the detainment and questioning is made by another person in the presence of the law enforcement officer, school resource officer, or other school security personnel. Effective immediately.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB3935 Detail]

Download: Illinois-2019-HB3935-Engrossed.html

---

HB3935 Engrossed LRB101 14781 NHT 63747 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by renumbering and
changing Section 22-85, as added by Public Act 101-478, as
follows:
(105 ILCS 5/22-88)
Sec. 22-88 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 is detained and questioned by a law
enforcement officer, a school resource officer, or other school
security personnel or by any person in the presence of a law
enforcement officer, a school resource officer, or other school
security personnel, the , 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

HB3935 Engrossed - 2 - LRB101 14781 NHT 63747 b
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

HB3935 Engrossed - 3 - LRB101 14781 NHT 63747 b
other person.
(2) Apprehend an armed or fleeing suspect.
(3) Prevent the destruction of evidence.
(4) Address an emergency or other dangerous situation.
(Source: P.A. 101-478, eff. 8-23-19; revised 10-21-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.