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| | HB2627 Enrolled | | LRB101 07347 AXK 52387 b |
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| 1 | | AN ACT concerning education.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The School Code is amended by adding Section |
| 5 | | 22-85 as follows:
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| 6 | | (105 ILCS 5/22-85 new) |
| 7 | | Sec. 22-85. Parental notification of law enforcement |
| 8 | | detainment and questioning on school grounds. |
| 9 | | (a) In this Section, "school grounds" means the real |
| 10 | | property comprising an active and operational elementary or |
| 11 | | secondary school during the regular hours in which school is in |
| 12 | | session and when students are present. |
| 13 | | (b) Before detaining and questioning a student on school |
| 14 | | grounds who is under 18 years of age and who is suspected of |
| 15 | | committing a criminal act, a law enforcement officer, school |
| 16 | | resource officer, or other school security personnel must do |
| 17 | | all of the following: |
| 18 | | (1) Ensure that notification or attempted notification |
| 19 | | of the student's parent or guardian is made. |
| 20 | | (2) Document the time and manner in which the |
| 21 | | notification or attempted notification under paragraph (1) |
| 22 | | occurred. |
| 23 | | (3) Make reasonable efforts to ensure that the |
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| 1 | | student's parent or guardian is present during the |
| 2 | | questioning or, if the parent or guardian is not present, |
| 3 | | ensure that school personnel, including, but not limited |
| 4 | | to, a school social worker, a school psychologist, a school |
| 5 | | nurse, a school guidance counselor, or any other mental |
| 6 | | health professional, are present during the questioning. |
| 7 | | (4) If practicable, make reasonable efforts to ensure |
| 8 | | that a law enforcement officer trained in promoting safe |
| 9 | | interactions and communications with youth is present |
| 10 | | during the questioning. An officer who received training in |
| 11 | | youth investigations approved or certified by his or her |
| 12 | | law enforcement agency or under Section 10.22 of the Police |
| 13 | | Training Act or a juvenile police officer, as defined under |
| 14 | | Section 1-3 of the Juvenile Court Act of 1987, satisfies |
| 15 | | the requirement under this paragraph. |
| 16 | | (c) This Section does not limit the authority of a law |
| 17 | | enforcement officer to make an arrest on school grounds. This |
| 18 | | Section does not apply to circumstances that would cause a |
| 19 | | reasonable person to believe that urgent and immediate action |
| 20 | | is necessary to do any of the following: |
| 21 | | (1) Prevent bodily harm or injury to the student or any |
| 22 | | other person. |
| 23 | | (2) Apprehend an armed or fleeing suspect. |
| 24 | | (3) Prevent the destruction of evidence. |
| 25 | | (4) Address an emergency or other dangerous situation.
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| 26 | | Section 99. Effective date. This Act takes effect upon |