Sen. Cristina Castro

Filed: 5/23/2019

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2627

2    AMENDMENT NO. ______. Amend House Bill 2627 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by adding Section
522-85 as follows:
 
6    (105 ILCS 5/22-85 new)
7    Sec. 22-85. Parental notification of law enforcement
8detainment and questioning on school grounds.
9    (a) In this Section, "school grounds" means the real
10property comprising an active and operational elementary or
11secondary school during the regular hours in which school is in
12session and when students are present.
13    (b) Before detaining and questioning a student on school
14grounds who is under 18 years of age and who is suspected of
15committing a criminal act, a law enforcement officer, school
16resource officer, or other school security personnel must do

 

 

10100HB2627sam001- 2 -LRB101 07347 AXK 61069 a

1all of the following:
2        (1) Ensure that notification or attempted notification
3    of the student's parent or guardian is made.
4        (2) Document the time and manner in which the
5    notification or attempted notification under paragraph (1)
6    occurred.
7        (3) Make all reasonable efforts to ensure that the
8    student's parent or guardian is present during the
9    questioning or, if the parent or guardian is not present,
10    ensure that school personnel, including, but not limited
11    to, a school social worker, a school psychologist, a school
12    nurse, a school guidance counselor, or any other mental
13    health professional, are present during the questioning.
14        (4) If practicable, make all reasonable efforts to
15    ensure that a law enforcement officer trained in promoting
16    safe interactions and communications with youth is present
17    during the questioning. An officer who received training in
18    youth investigations approved or certified by his or her
19    law enforcement agency or under Section 10.22 of the Police
20    Training Act or a juvenile police officer, as defined under
21    Section 1-3 of the Juvenile Court Act of 1987, satisfies
22    the requirement under this paragraph.
23    (c) This Section does not limit the authority of a law
24enforcement officer to make an arrest on school grounds. This
25Section does not apply to circumstances that would cause a
26reasonable person to believe that urgent and immediate action

 

 

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1is necessary to do any of the following:
2        (1) Prevent bodily harm or injury to the student or any
3    other person.
4        (2) Apprehend an armed or fleeing suspect.
5        (3) Prevent the destruction of evidence.
6        (4) Address an emergency or other dangerous situation.
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".