Full Text of HB3935 101st General Assembly
HB3935eng 101ST GENERAL ASSEMBLY |
| | HB3935 Engrossed | | LRB101 14781 NHT 63747 b |
|
| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by renumbering and | 5 | | changing Section 22-85, as added by Public Act 101-478, as | 6 | | follows: | 7 | | (105 ILCS 5/22-88) | 8 | | Sec. 22-88 22-85 . Parental notification of law enforcement | 9 | | detainment and questioning on school grounds. | 10 | | (a) In this Section, "school grounds" means the real | 11 | | property comprising an active and operational elementary or | 12 | | secondary school during the regular hours in which school is in | 13 | | session and when students are present. | 14 | | (b) Before detaining and questioning a student on school | 15 | | grounds who is under 18 years of age and who is suspected of | 16 | | committing a criminal act is detained and questioned by a law | 17 | | enforcement officer, a school resource officer, or other school | 18 | | security personnel or by any person in the presence of a law | 19 | | enforcement officer, a school resource officer, or other school | 20 | | security personnel, the , a law enforcement officer, school | 21 | | resource officer, or other school security personnel must do | 22 | | all of the following: | 23 | | (1) Ensure that notification or attempted notification |
| | | HB3935 Engrossed | - 2 - | LRB101 14781 NHT 63747 b |
|
| 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 | 22 | | enforcement officer to make an arrest on school grounds. This | 23 | | Section does not apply to circumstances that would cause a | 24 | | reasonable person to believe that urgent and immediate action | 25 | | is necessary to do any of the following: | 26 | | (1) Prevent bodily harm or injury to the student or any |
| | | HB3935 Engrossed | - 3 - | LRB101 14781 NHT 63747 b |
|
| 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 | 7 | | becoming law.
|
|