Public Act 104-0174
 
HB1316 EnrolledLRB104 05886 LNS 15917 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 changing Section 
10-27.1A as follows:
 
    (105 ILCS 5/10-27.1A)
    (Text of Section from P.A. 103-609)
    Sec. 10-27.1A. Firearms in schools. 
    (a) All school officials, including teachers, school 
counselors, and support staff, shall immediately notify the 
office of the principal in the event that they:
        (1) observe any person in possession of a firearm on 
    school grounds; 
        (2) become aware of any person in possession of a 
    firearm on school grounds; or 
        (3) become aware of any threat of gun violence on 
    school grounds; 
provided that taking such immediate action to notify the 
office of the principal would not immediately endanger the 
health, safety, or welfare of students who are under the 
direct supervision of the school official or the school 
official. If the health, safety, or welfare of students under 
the direct supervision of the school official or of the school 
official is immediately endangered, the school official shall 
notify the office of the principal as soon as the students 
under his or her supervision and he or she are no longer under 
immediate danger. A report is not required by this Section 
when the school official knows that the person in possession 
of the firearm is a law enforcement official engaged in the 
conduct of his or her official duties. Any school official 
acting in good faith who makes such a report under this Section 
shall have immunity from any civil or criminal liability that 
might otherwise be incurred as a result of making the report. 
The identity of the school official making such report shall 
not be disclosed except as expressly and specifically 
authorized by law. Knowingly and willfully failing to comply 
with this Section is a petty offense. A second or subsequent 
offense is a Class C misdemeanor.
    (b) Upon receiving a report from any school official 
pursuant to this Section, or from any other person, the 
principal or his or her designee shall immediately notify a 
local law enforcement agency. If the person found to be in 
possession of a firearm on school grounds is a student, the 
principal or his or her designee shall also immediately notify 
that student's parent or guardian. If the report pertains to a 
threat of firearm violence made by a student, the principal or 
the principal's designee shall attempt to notify that 
student's parent or guardian as soon as possible. The 
principal or principal's designee shall further attempt to 
contact the student's parent or guardian so that the parent or 
guardian may ensure that the student does not have access to a 
firearm. Any principal or his or her designee acting in good 
faith who makes such reports under this Section shall have 
immunity from any civil or criminal liability that might 
otherwise be incurred or imposed as a result of making the 
reports. Knowingly and willfully failing to comply with this 
Section is a petty offense. A second or subsequent offense is a 
Class C misdemeanor. If the person found to be in possession of 
the firearm on school grounds is a minor, the law enforcement 
agency shall detain that minor until such time as the agency 
makes a determination pursuant to clause (a) of subsection (1) 
of Section 5-401 of the Juvenile Court Act of 1987, as to 
whether the agency reasonably believes that the minor is 
delinquent. If the law enforcement agency determines that 
probable cause exists to believe that the minor committed a 
violation of item (4) of subsection (a) of Section 24-1 of the 
Criminal Code of 2012 while on school grounds, the agency 
shall detain the minor for processing pursuant to Section 
5-407 of the Juvenile Court Act of 1987.
    (c) Upon receipt of any written, electronic, or verbal 
report from any school personnel regarding a verified incident 
involving a firearm in a school or on school owned or leased 
property, including any conveyance owned, leased, or used by 
the school for the transport of students or school personnel, 
the superintendent or his or her designee shall report all 
such firearm-related incidents occurring in a school or on 
school property to the local law enforcement authorities 
immediately.
    (c-5) Schools shall report any written, electronic, or 
verbal report of a verified incident involving a firearm made 
under subsection (c) to the State Board of Education through 
existing school incident reporting systems as they occur 
during the year by no later than August 1 of each year. The 
State Board of Education shall report data by school district, 
as collected from school districts, and make it available to 
the public via its website. The local law enforcement 
authority shall, by March 1 of each year, report the required 
data from the previous year to the Illinois State Police's 
Illinois Uniform Crime Reporting Program, which shall be 
included in its annual Crime in Illinois report. 
    (d) As used in this Section, the term "firearm" shall have 
the meaning ascribed to it in Section 1.1 of the Firearm Owners 
Identification Card Act.
    As used in this Section, the term "school" means any 
public or private elementary or secondary school.
    As used in this Section, the term "school grounds" 
includes the real property comprising any school, any 
conveyance owned, leased, or contracted by a school to 
transport students to or from school or a school-related 
activity, or any public way within 1,000 feet of the real 
property comprising any school.
(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; 
102-813, eff. 5-13-22; 103-34, eff. 6-9-23; 103-609, eff. 
7-1-24.)
 
    (Text of Section from P.A. 103-780)
    Sec. 10-27.1A. Firearms in schools. 
    (a) All school officials, including teachers, school 
counselors, and support staff, shall immediately notify the 
office of the principal in the event that they:
        (1) observe any person in possession of a firearm on 
    school grounds; 
        (2) become aware of any person in possession of a 
    firearm on school grounds; or 
        (3) become aware of any threat of gun violence on 
    school grounds; 
provided that taking such immediate action to notify the 
office of the principal would not immediately endanger the 
health, safety, or welfare of students who are under the 
direct supervision of the school official or the school 
official. If the health, safety, or welfare of students under 
the direct supervision of the school official or of the school 
official is immediately endangered, the school official shall 
notify the office of the principal as soon as the students 
under his or her supervision and he or she are no longer under 
immediate danger. A report is not required by this Section 
when the school official knows that the person in possession 
of the firearm is a law enforcement official engaged in the 
conduct of his or her official duties. Any school official 
acting in good faith who makes such a report under this Section 
shall have immunity from any civil or criminal liability that 
might otherwise be incurred as a result of making the report. 
The identity of the school official making such report shall 
not be disclosed except as expressly and specifically 
authorized by law. Knowingly and willfully failing to comply 
with this Section is a petty offense. A second or subsequent 
offense is a Class C misdemeanor.
    (b) Upon receiving a report from any school official 
pursuant to this Section, or from any other person, the 
principal or his or her designee shall immediately notify a 
local law enforcement agency. If the person found to be in 
possession of a firearm on school grounds is a student, the 
principal or his or her designee shall also immediately notify 
that student's parent or guardian. If the report pertains to a 
threat of firearm violence made by a student, the principal or 
the principal's designee shall attempt to notify that 
student's parent or guardian as soon as possible. The 
principal or principal's designee shall further attempt to 
contact the student's parent or guardian so that the parent or 
guardian may ensure that the student does not have access to a 
firearm. Any principal or his or her designee acting in good 
faith who makes such reports under this Section shall have 
immunity from any civil or criminal liability that might 
otherwise be incurred or imposed as a result of making the 
reports. Knowingly and willfully failing to comply with this 
Section is a petty offense. A second or subsequent offense is a 
Class C misdemeanor. If the person found to be in possession of 
the firearm on school grounds is a minor, the law enforcement 
agency shall detain that minor until such time as the agency 
makes a determination pursuant to clause (a) of subsection (1) 
of Section 5-401 of the Juvenile Court Act of 1987, as to 
whether the agency reasonably believes that the minor is 
delinquent. If the law enforcement agency determines that 
probable cause exists to believe that the minor committed a 
violation of item (4) of subsection (a) of Section 24-1 of the 
Criminal Code of 2012 while on school grounds, the agency 
shall detain the minor for processing pursuant to Section 
5-407 of the Juvenile Court Act of 1987.
    (c) Upon receipt of any written, electronic, or verbal 
report from any school personnel regarding a verified incident 
involving a firearm in a school or on school owned or leased 
property, including any conveyance owned, leased, or used by 
the school for the transport of students or school personnel, 
the superintendent or his or her designee shall report all 
such firearm-related incidents occurring in a school or on 
school property to the local law enforcement authorities 
immediately.
    (c-5) Schools shall report any written, electronic, or 
verbal report of a verified incident involving a firearm made 
under subsection (c) to the State Board of Education through 
existing school incident reporting systems as they occur 
during the year by no later than July 31 for the previous 
school year. The State Board of Education shall report data by 
school district, as collected from school districts, and make 
it available to the public via its website. The local law 
enforcement authority shall, by March 1 of each year, report 
the required data from the previous year to the Illinois State 
Police's Illinois Uniform Crime Reporting Program, which shall 
be included in its annual Crime in Illinois report. 
    (d) As used in this Section, the term "firearm" shall have 
the meaning ascribed to it in Section 1.1 of the Firearm Owners 
Identification Card Act.
    As used in this Section, the term "school" means any 
public or private elementary or secondary school.
    As used in this Section, the term "school grounds" 
includes the real property comprising any school, any 
conveyance owned, leased, or contracted by a school to 
transport students to or from school or a school-related 
activity, or any public way within 1,000 feet of the real 
property comprising any school.
(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; 
102-813, eff. 5-13-22; 103-34, eff. 6-9-23; 103-780, eff. 
8-2-24.)
 
    Section 95. No acceleration or delay. Where this Act makes 
changes in a statute that is represented in this Act by text 
that is not yet or no longer in effect (for example, a Section 
represented by multiple versions), the use of that text does 
not accelerate or delay the taking effect of (i) the changes 
made by this Act or (ii) provisions derived from any other 
Public Act.
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.