Illinois General Assembly - Full Text of HB3935
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Full Text of HB3935  101st General Assembly




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1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by renumbering and
5changing Section 22-85, as added by Public Act 101-478, as
7    (105 ILCS 5/22-88)
8    Sec. 22-88 22-85. Parental notification of law enforcement
9detainment and questioning on school grounds.
10    (a) In this Section, "school grounds" means the real
11property comprising an active and operational elementary or
12secondary school during the regular hours in which school is in
13session and when students are present.
14    (b) Before detaining and questioning a student on school
15grounds who is under 18 years of age and who is suspected of
16committing a criminal act is detained and questioned by a law
17enforcement officer, a school resource officer, or other school
18security personnel or by any person in the presence of a law
19enforcement officer, a school resource officer, or other school
20security personnel, the , a law enforcement officer, school
21resource officer, or other school security personnel must do
22all of the following:
23        (1) Ensure that notification or attempted notification



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



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1    other person.
2        (2) Apprehend an armed or fleeing suspect.
3        (3) Prevent the destruction of evidence.
4        (4) Address an emergency or other dangerous situation.
5(Source: P.A. 101-478, eff. 8-23-19; revised 10-21-19.)
6    Section 99. Effective date. This Act takes effect upon
7becoming law.