102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
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".
A BILL FOR
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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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)
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,
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)
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(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
(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.
Except as otherwise provided in subsection (d) and
Section 22-90, 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.
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(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
(Source: P.A. 101-478, eff. 8-23-19; revised 8-24-20.)
(105 ILCS 5/22-90 new)
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.
This Act takes effect upon