HB0029 102ND GENERAL ASSEMBLY

LRB102 02858 CMG 12867 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0029

Introduced 1/14/2021, by Rep. Anne Stava-Murray

SYNOPSIS AS INTRODUCED:

105 ILCS 5/22-88
105 ILCS 5/22-90 new

Amends the School Code. Provides that law enforcement officers shall not maintain a presence on school grounds unless there exists an imminent threat of danger to students at the school in question or there is reason to believe that urgent and immediate action is necessary to prevent such danger to students. Makes conforming changes. Defines "school grounds". Effective immediately.

A BILL FOR

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, and by adding Section 22-90 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, a law enforcement officer, a 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) Except as otherwise provided in subsection (d) and Section 22-90, this 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.

(d) The presence of law enforcement officers on school grounds for the purposes of detaining and questioning a student shall only be authorized if there exists an imminent threat of danger to students at the school in question or there is reason to believe that urgent and immediate action is necessary to prevent such danger to students as provided under subsection (c).

(Source: P.A. 101-478, eff. 8-23-19; revised 8-24-20.)

(105 ILCS 5/22-90 new)

Sec. 22-90. Law enforcement presence on school grounds. Notwithstanding any provision of law to the contrary, law enforcement officers shall not maintain a presence on school grounds unless there exists an imminent threat of danger to students at the school in question or there is reason to believe that urgent and immediate action is necessary to prevent such danger to students. For the purposes of this Section, "school grounds" has the same meaning as provided under subsection (a) of Section 22-88.

Section 99. Effective date. This Act takes effect upon becoming law.