104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1316

Introduced , by Rep. Christopher "C.D." Davidsmeyer

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-27.1A

Amends the School Code. Requires all school officials to immediately notify the office of the principal in the event that they: observe any person in possession of a firearm on school grounds; become aware of any person in possession of a firearm on school grounds; or become aware of any threat of gun violence on school grounds. If there is a report filed notifying a local law enforcement agency of any of such event, requires the principal to immediately notify the student's parent or guardian and, in coordination with the local law enforcement agency, to attempt to meet with the student's parent or guardian to ensure the student does not have access to a firearm. Effective immediately.

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A BILL FOR

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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 immediately notify that

25 student's parent or guardian. The principal or principal's

26 designee, in coordination with the local law enforcement

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1 agency, shall attempt to meet with the student's parent or

2 guardian to 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 immediately notify that

20 student's parent or guardian. The principal or principal's

21 designee, in coordination with the local law enforcement

22 agency, shall attempt to meet with the student's parent or

23 guardian to 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.)