HB1316 EngrossedLRB104 05886 LNS 15917 b HB1316 Engrossed LRB104 05886 LNS 15917 b
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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 changing Section
5 10-27.1A as follows:
6 (105 ILCS 5/10-27.1A)
7 (Text of Section from P.A. 103-609)
8 Sec. 10-27.1A. Firearms in schools.
9 (a) All school officials, including teachers, school
10 counselors, and support staff, shall immediately notify the
11 office of the principal in the event that they:
12 (1) observe any person in possession of a firearm on
13 school grounds;
14 (2) become aware of any person in possession of a
15 firearm on school grounds; or
16 (3) become aware of any threat of gun violence on
17 school grounds;
18 provided that taking such immediate action to notify the
19 office of the principal would not immediately endanger the
20 health, safety, or welfare of students who are under the
21 direct supervision of the school official or the school
22 official. If the health, safety, or welfare of students under
23 the direct supervision of the school official or of the school
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1 official is immediately endangered, the school official shall
2 notify the office of the principal as soon as the students
3 under his or her supervision and he or she are no longer under
4 immediate danger. A report is not required by this Section
5 when the school official knows that the person in possession
6 of the firearm is a law enforcement official engaged in the
7 conduct of his or her official duties. Any school official
8 acting in good faith who makes such a report under this Section
9 shall have immunity from any civil or criminal liability that
10 might otherwise be incurred as a result of making the report.
11 The identity of the school official making such report shall
12 not be disclosed except as expressly and specifically
13 authorized by law. Knowingly and willfully failing to comply
14 with this Section is a petty offense. A second or subsequent
15 offense is a Class C misdemeanor.
16 (b) Upon receiving a report from any school official
17 pursuant to this Section, or from any other person, the
18 principal or his or her designee shall immediately notify a
19 local law enforcement agency. If the person found to be in
20 possession of a firearm on school grounds is a student, the
21 principal or his or her designee shall also immediately notify
22 that student's parent or guardian. If the report pertains to a
23 threat of firearm violence made by a student, the principal or
24 the principal's designee shall attempt to notify that
25 student's parent or guardian as soon as possible. The
26 principal or principal's designee shall further attempt to
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1 contact the student's parent or guardian so that the parent or
2 guardian may ensure that the student does not have access to a
3 firearm. Any principal or his or her designee acting in good
4 faith who makes such reports under this Section shall have
5 immunity from any civil or criminal liability that might
6 otherwise be incurred or imposed as a result of making the
7 reports. Knowingly and willfully failing to comply with this
8 Section is a petty offense. A second or subsequent offense is a
9 Class C misdemeanor. If the person found to be in possession of
10 the firearm on school grounds is a minor, the law enforcement
11 agency shall detain that minor until such time as the agency
12 makes a determination pursuant to clause (a) of subsection (1)
13 of Section 5-401 of the Juvenile Court Act of 1987, as to
14 whether the agency reasonably believes that the minor is
15 delinquent. If the law enforcement agency determines that
16 probable cause exists to believe that the minor committed a
17 violation of item (4) of subsection (a) of Section 24-1 of the
18 Criminal Code of 2012 while on school grounds, the agency
19 shall detain the minor for processing pursuant to Section
20 5-407 of the Juvenile Court Act of 1987.
21 (c) Upon receipt of any written, electronic, or verbal
22 report from any school personnel regarding a verified incident
23 involving a firearm in a school or on school owned or leased
24 property, including any conveyance owned, leased, or used by
25 the school for the transport of students or school personnel,
26 the superintendent or his or her designee shall report all
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1 such firearm-related incidents occurring in a school or on
2 school property to the local law enforcement authorities
3 immediately.
4 (c-5) Schools shall report any written, electronic, or
5 verbal report of a verified incident involving a firearm made
6 under subsection (c) to the State Board of Education through
7 existing school incident reporting systems as they occur
8 during the year by no later than August 1 of each year. The
9 State Board of Education shall report data by school district,
10 as collected from school districts, and make it available to
11 the public via its website. The local law enforcement
12 authority shall, by March 1 of each year, report the required
13 data from the previous year to the Illinois State Police's
14 Illinois Uniform Crime Reporting Program, which shall be
15 included in its annual Crime in Illinois report.
16 (d) As used in this Section, the term "firearm" shall have
17 the meaning ascribed to it in Section 1.1 of the Firearm Owners
18 Identification Card Act.
19 As used in this Section, the term "school" means any
20 public or private elementary or secondary school.
21 As used in this Section, the term "school grounds"
22 includes the real property comprising any school, any
23 conveyance owned, leased, or contracted by a school to
24 transport students to or from school or a school-related
25 activity, or any public way within 1,000 feet of the real
26 property comprising any school.
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1 (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
2 102-813, eff. 5-13-22; 103-34, eff. 6-9-23; 103-609, eff.
3 7-1-24.)
4 (Text of Section from P.A. 103-780)
5 Sec. 10-27.1A. Firearms in schools.
6 (a) All school officials, including teachers, school
7 counselors, and support staff, shall immediately notify the
8 office of the principal in the event that they:
9 (1) observe any person in possession of a firearm on
10 school grounds;
11 (2) become aware of any person in possession of a
12 firearm on school grounds; or
13 (3) become aware of any threat of gun violence on
14 school grounds;
15 provided that taking such immediate action to notify the
16 office of the principal would not immediately endanger the
17 health, safety, or welfare of students who are under the
18 direct supervision of the school official or the school
19 official. If the health, safety, or welfare of students under
20 the direct supervision of the school official or of the school
21 official is immediately endangered, the school official shall
22 notify the office of the principal as soon as the students
23 under his or her supervision and he or she are no longer under
24 immediate danger. A report is not required by this Section
25 when the school official knows that the person in possession
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1 of the firearm is a law enforcement official engaged in the
2 conduct of his or her official duties. Any school official
3 acting in good faith who makes such a report under this Section
4 shall have immunity from any civil or criminal liability that
5 might otherwise be incurred as a result of making the report.
6 The identity of the school official making such report shall
7 not be disclosed except as expressly and specifically
8 authorized by law. Knowingly and willfully failing to comply
9 with this Section is a petty offense. A second or subsequent
10 offense is a Class C misdemeanor.
11 (b) Upon receiving a report from any school official
12 pursuant to this Section, or from any other person, the
13 principal or his or her designee shall immediately notify a
14 local law enforcement agency. If the person found to be in
15 possession of a firearm on school grounds is a student, the
16 principal or his or her designee shall also immediately notify
17 that student's parent or guardian. If the report pertains to a
18 threat of firearm violence made by a student, the principal or
19 the principal's designee shall attempt to notify that
20 student's parent or guardian as soon as possible. The
21 principal or principal's designee shall further attempt to
22 contact the student's parent or guardian so that the parent or
23 guardian may ensure that the student does not have access to a
24 firearm. Any principal or his or her designee acting in good
25 faith who makes such reports under this Section shall have
26 immunity from any civil or criminal liability that might
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1 otherwise be incurred or imposed as a result of making the
2 reports. Knowingly and willfully failing to comply with this
3 Section is a petty offense. A second or subsequent offense is a
4 Class C misdemeanor. If the person found to be in possession of
5 the firearm on school grounds is a minor, the law enforcement
6 agency shall detain that minor until such time as the agency
7 makes a determination pursuant to clause (a) of subsection (1)
8 of Section 5-401 of the Juvenile Court Act of 1987, as to
9 whether the agency reasonably believes that the minor is
10 delinquent. If the law enforcement agency determines that
11 probable cause exists to believe that the minor committed a
12 violation of item (4) of subsection (a) of Section 24-1 of the
13 Criminal Code of 2012 while on school grounds, the agency
14 shall detain the minor for processing pursuant to Section
15 5-407 of the Juvenile Court Act of 1987.
16 (c) Upon receipt of any written, electronic, or verbal
17 report from any school personnel regarding a verified incident
18 involving a firearm in a school or on school owned or leased
19 property, including any conveyance owned, leased, or used by
20 the school for the transport of students or school personnel,
21 the superintendent or his or her designee shall report all
22 such firearm-related incidents occurring in a school or on
23 school property to the local law enforcement authorities
24 immediately.
25 (c-5) Schools shall report any written, electronic, or
26 verbal report of a verified incident involving a firearm made
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1 under subsection (c) to the State Board of Education through
2 existing school incident reporting systems as they occur
3 during the year by no later than July 31 for the previous
4 school year. The State Board of Education shall report data by
5 school district, as collected from school districts, and make
6 it available to the public via its website. The local law
7 enforcement authority shall, by March 1 of each year, report
8 the required data from the previous year to the Illinois State
9 Police's Illinois Uniform Crime Reporting Program, which shall
10 be included in its annual Crime in Illinois report.
11 (d) As used in this Section, the term "firearm" shall have
12 the meaning ascribed to it in Section 1.1 of the Firearm Owners
13 Identification Card Act.
14 As used in this Section, the term "school" means any
15 public or private elementary or secondary school.
16 As used in this Section, the term "school grounds"
17 includes the real property comprising any school, any
18 conveyance owned, leased, or contracted by a school to
19 transport students to or from school or a school-related
20 activity, or any public way within 1,000 feet of the real
21 property comprising any school.
22 (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
23 102-813, eff. 5-13-22; 103-34, eff. 6-9-23; 103-780, eff.
24 8-2-24.)
25 Section 95. No acceleration or delay. Where this Act makes
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1 changes in a statute that is represented in this Act by text
2 that is not yet or no longer in effect (for example, a Section
3 represented by multiple versions), the use of that text does
4 not accelerate or delay the taking effect of (i) the changes
5 made by this Act or (ii) provisions derived from any other
6 Public Act.
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.
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