HB1316 EngrossedLRB104 05886 LNS 15917 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 changing Section 
510-27.1A 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 
10counselors, and support staff, shall immediately notify the 
11office 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;    
18provided that taking such immediate action to notify the 
19office of the principal would not immediately endanger the 
20health, safety, or welfare of students who are under the 
21direct supervision of the school official or the school 
22official. If the health, safety, or welfare of students under 
23the direct supervision of the school official or of the school 
 
 
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1official is immediately endangered, the school official shall 
2notify the office of the principal as soon as the students 
3under his or her supervision and he or she are no longer under 
4immediate danger. A report is not required by this Section 
5when the school official knows that the person in possession 
6of the firearm is a law enforcement official engaged in the 
7conduct of his or her official duties. Any school official 
8acting in good faith who makes such a report under this Section 
9shall have immunity from any civil or criminal liability that 
10might otherwise be incurred as a result of making the report. 
11The identity of the school official making such report shall 
12not be disclosed except as expressly and specifically 
13authorized by law. Knowingly and willfully failing to comply 
14with this Section is a petty offense. A second or subsequent 
15offense is a Class C misdemeanor.
16    (b) Upon receiving a report from any school official 
17pursuant to this Section, or from any other person, the 
18principal or his or her designee shall immediately notify a 
19local law enforcement agency. If the person found to be in 
20possession of a firearm on school grounds is a student, the 
21principal or his or her designee shall also immediately notify 
22that student's parent or guardian. If the report pertains to a 
23threat of firearm violence made by a student, the principal or 
24the principal's designee shall attempt to notify that 
25student's parent or guardian as soon as possible. The 
26principal or principal's designee shall further attempt to 
 
 
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1contact the student's parent or guardian so that the parent or 
2guardian may ensure that the student does not have access to a 
3firearm. Any principal or his or her designee acting in good 
4faith who makes such reports under this Section shall have 
5immunity from any civil or criminal liability that might 
6otherwise be incurred or imposed as a result of making the 
7reports. Knowingly and willfully failing to comply with this 
8Section is a petty offense. A second or subsequent offense is a 
9Class C misdemeanor. If the person found to be in possession of 
10the firearm on school grounds is a minor, the law enforcement 
11agency shall detain that minor until such time as the agency 
12makes a determination pursuant to clause (a) of subsection (1) 
13of Section 5-401 of the Juvenile Court Act of 1987, as to 
14whether the agency reasonably believes that the minor is 
15delinquent. If the law enforcement agency determines that 
16probable cause exists to believe that the minor committed a 
17violation of item (4) of subsection (a) of Section 24-1 of the 
18Criminal Code of 2012 while on school grounds, the agency 
19shall detain the minor for processing pursuant to Section 
205-407 of the Juvenile Court Act of 1987.
21    (c) Upon receipt of any written, electronic, or verbal 
22report from any school personnel regarding a verified incident 
23involving a firearm in a school or on school owned or leased 
24property, including any conveyance owned, leased, or used by 
25the school for the transport of students or school personnel, 
26the superintendent or his or her designee shall report all 
 
 
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1such firearm-related incidents occurring in a school or on 
2school property to the local law enforcement authorities 
3immediately.
4    (c-5) Schools shall report any written, electronic, or 
5verbal report of a verified incident involving a firearm made 
6under subsection (c) to the State Board of Education through 
7existing school incident reporting systems as they occur 
8during the year by no later than August 1 of each year. The 
9State Board of Education shall report data by school district, 
10as collected from school districts, and make it available to 
11the public via its website. The local law enforcement 
12authority shall, by March 1 of each year, report the required 
13data from the previous year to the Illinois State Police's 
14Illinois Uniform Crime Reporting Program, which shall be 
15included in its annual Crime in Illinois report. 
16    (d) As used in this Section, the term "firearm" shall have 
17the meaning ascribed to it in Section 1.1 of the Firearm Owners 
18Identification Card Act.
19    As used in this Section, the term "school" means any 
20public or private elementary or secondary school.
21    As used in this Section, the term "school grounds" 
22includes the real property comprising any school, any 
23conveyance owned, leased, or contracted by a school to 
24transport students to or from school or a school-related 
25activity, or any public way within 1,000 feet of the real 
26property comprising any school.
 
 
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1(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; 
2102-813, eff. 5-13-22; 103-34, eff. 6-9-23; 103-609, eff. 
37-1-24.)

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 
7counselors, and support staff, shall immediately notify the 
8office 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;    
15provided that taking such immediate action to notify the 
16office of the principal would not immediately endanger the 
17health, safety, or welfare of students who are under the 
18direct supervision of the school official or the school 
19official. If the health, safety, or welfare of students under 
20the direct supervision of the school official or of the school 
21official is immediately endangered, the school official shall 
22notify the office of the principal as soon as the students 
23under his or her supervision and he or she are no longer under 
24immediate danger. A report is not required by this Section 
25when the school official knows that the person in possession 
 
 
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1of the firearm is a law enforcement official engaged in the 
2conduct of his or her official duties. Any school official 
3acting in good faith who makes such a report under this Section 
4shall have immunity from any civil or criminal liability that 
5might otherwise be incurred as a result of making the report. 
6The identity of the school official making such report shall 
7not be disclosed except as expressly and specifically 
8authorized by law. Knowingly and willfully failing to comply 
9with this Section is a petty offense. A second or subsequent 
10offense is a Class C misdemeanor.
11    (b) Upon receiving a report from any school official 
12pursuant to this Section, or from any other person, the 
13principal or his or her designee shall immediately notify a 
14local law enforcement agency. If the person found to be in 
15possession of a firearm on school grounds is a student, the 
16principal or his or her designee shall also immediately notify 
17that student's parent or guardian. If the report pertains to a 
18threat of firearm violence made by a student, the principal or 
19the principal's designee shall attempt to notify that 
20student's parent or guardian as soon as possible. The 
21principal or principal's designee shall further attempt to 
22contact the student's parent or guardian so that the parent or 
23guardian may ensure that the student does not have access to a 
24firearm. Any principal or his or her designee acting in good 
25faith who makes such reports under this Section shall have 
26immunity from any civil or criminal liability that might 
 
 
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1otherwise be incurred or imposed as a result of making the 
2reports. Knowingly and willfully failing to comply with this 
3Section is a petty offense. A second or subsequent offense is a 
4Class C misdemeanor. If the person found to be in possession of 
5the firearm on school grounds is a minor, the law enforcement 
6agency shall detain that minor until such time as the agency 
7makes a determination pursuant to clause (a) of subsection (1) 
8of Section 5-401 of the Juvenile Court Act of 1987, as to 
9whether the agency reasonably believes that the minor is 
10delinquent. If the law enforcement agency determines that 
11probable cause exists to believe that the minor committed a 
12violation of item (4) of subsection (a) of Section 24-1 of the 
13Criminal Code of 2012 while on school grounds, the agency 
14shall detain the minor for processing pursuant to Section 
155-407 of the Juvenile Court Act of 1987.
16    (c) Upon receipt of any written, electronic, or verbal 
17report from any school personnel regarding a verified incident 
18involving a firearm in a school or on school owned or leased 
19property, including any conveyance owned, leased, or used by 
20the school for the transport of students or school personnel, 
21the superintendent or his or her designee shall report all 
22such firearm-related incidents occurring in a school or on 
23school property to the local law enforcement authorities 
24immediately.
25    (c-5) Schools shall report any written, electronic, or 
26verbal report of a verified incident involving a firearm made 
 
 
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1under subsection (c) to the State Board of Education through 
2existing school incident reporting systems as they occur 
3during the year by no later than July 31 for the previous 
4school year. The State Board of Education shall report data by 
5school district, as collected from school districts, and make 
6it available to the public via its website. The local law 
7enforcement authority shall, by March 1 of each year, report 
8the required data from the previous year to the Illinois State 
9Police's Illinois Uniform Crime Reporting Program, which shall 
10be included in its annual Crime in Illinois report. 
11    (d) As used in this Section, the term "firearm" shall have 
12the meaning ascribed to it in Section 1.1 of the Firearm Owners 
13Identification Card Act.
14    As used in this Section, the term "school" means any 
15public or private elementary or secondary school.
16    As used in this Section, the term "school grounds" 
17includes the real property comprising any school, any 
18conveyance owned, leased, or contracted by a school to 
19transport students to or from school or a school-related 
20activity, or any public way within 1,000 feet of the real 
21property comprising any school.
22(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; 
23102-813, eff. 5-13-22; 103-34, eff. 6-9-23; 103-780, eff. 
248-2-24.)

25    Section 95. No acceleration or delay. Where this Act makes 
 
 
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1changes in a statute that is represented in this Act by text 
2that is not yet or no longer in effect (for example, a Section 
3represented by multiple versions), the use of that text does 
4not accelerate or delay the taking effect of (i) the changes 
5made by this Act or (ii) provisions derived from any other 
6Public Act.

7    Section 99. Effective date. This Act takes effect upon 
8becoming law.