Illinois General Assembly - Full Text of HB0029
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Full Text of HB0029  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 1/14/2021, by Rep. Anne Stava-Murray


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". Effective immediately.

LRB102 02858 CMG 12867 b





HB0029LRB102 02858 CMG 12867 b

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, and by
6adding Section 22-90 as follows:
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
13in session 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, a law enforcement officer, a school
17resource officer, or other school security personnel must do
18all of the following:
19        (1) Ensure that notification or attempted notification
20    of the student's parent or guardian is made.
21        (2) Document the time and manner in which the
22    notification or attempted notification under paragraph (1)
23    occurred.



HB0029- 2 -LRB102 02858 CMG 12867 b

1        (3) Make reasonable efforts to ensure that the
2    student's parent or guardian is present during the
3    questioning or, if the parent or guardian is not present,
4    ensure that school personnel, including, but not limited
5    to, a school social worker, a school psychologist, a
6    school nurse, a school guidance counselor, or any other
7    mental health professional, are present during the
8    questioning.
9        (4) If practicable, make reasonable efforts to ensure
10    that a law enforcement officer trained in promoting safe
11    interactions and communications with youth is present
12    during the questioning. An officer who received training
13    in youth investigations approved or certified by his or
14    her law enforcement agency or under Section 10.22 of the
15    Police Training Act or a juvenile police officer, as
16    defined under Section 1-3 of the Juvenile Court Act of
17    1987, satisfies the requirement under this paragraph.
18    (c) Except as otherwise provided in subsection (d) and
19Section 22-90, this This Section does not limit the authority
20of a law enforcement officer to make an arrest on school
21grounds. This Section does not apply to circumstances that
22would cause a reasonable person to believe that urgent and
23immediate action is necessary to do any of the following:
24        (1) Prevent bodily harm or injury to the student or
25    any other person.
26        (2) Apprehend an armed or fleeing suspect.



HB0029- 3 -LRB102 02858 CMG 12867 b

1        (3) Prevent the destruction of evidence.
2        (4) Address an emergency or other dangerous situation.
3    (d) The presence of law enforcement officers on school
4grounds for the purposes of detaining and questioning a
5student shall only be authorized if there exists an imminent
6threat of danger to students at the school in question or there
7is reason to believe that urgent and immediate action is
8necessary to prevent such danger to students as provided under
9subsection (c).
10(Source: P.A. 101-478, eff. 8-23-19; revised 8-24-20.)
11    (105 ILCS 5/22-90 new)
12    Sec. 22-90. Law enforcement presence on school grounds.
13Notwithstanding any provision of law to the contrary, law
14enforcement officers shall not maintain a presence on school
15grounds unless there exists an imminent threat of danger to
16students at the school in question or there is reason to
17believe that urgent and immediate action is necessary to
18prevent such danger to students. For the purposes of this
19Section, "school grounds" has the same meaning as provided
20under subsection (a) of Section 22-88.
21    Section 99. Effective date. This Act takes effect upon
22becoming law.