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Public Act 101-0478


 

Public Act 0478 101ST GENERAL ASSEMBLY

  
  
  

 


 
Public Act 101-0478
 
HB2627 EnrolledLRB101 07347 AXK 52387 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 adding Section
22-85 as follows:
 
    (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.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/23/2019