Bill Text: IL HB2627 | 2019-2020 | 101st General Assembly | Chaptered


Bill Title: Amends the School Code. Provides that a student may not be questioned or detained at a school site at which students are detained in connection with criminal charges or allegations, taken into custody, or engaged with law enforcement personnel without the presence of the student's parent or guardian, a school social worker, or a licensed mental health professional. Effective immediately.

Spectrum: Partisan Bill (Democrat 43-0)

Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0478 [HB2627 Detail]

Download: Illinois-2019-HB2627-Chaptered.html



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.
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