99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB3272

Introduced 2/19/2016, by Sen. Chuck Weaver

SYNOPSIS AS INTRODUCED:

`105 ILCS 5/10-20.58 new`
`105 ILCS 5/34-18.50 new`

Amends the School Code. Allows a school board to employ a police force, as may be required, and to define and prescribe such employees' respective duties and compensation. Provides that, after receiving a certificate attesting to the successful completion of a training course administered by the Illinois Law Enforcement Training Standards Board, school police officers shall be conservators of the peace within and upon the schools, boulevards, driveways, and property controlled by the school district and shall have the power to make arrests. Sets forth provisions relating to arrests. Requires a school police officer to comply with the requirements of the Illinois Police Training Act and, before carrying a firearm, complete a training course under the Peace Officer and Probation Officer Firearm Training Act. Effective immediately.

LRB099 18907 NHT 43294 b

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 adding Sections

5 10-20.58 and 34-18.50 as follows:

6 (105 ILCS 5/10-20.58 new)

7 Sec. 10-20.58. School police force.

8 (a) A school board may employ a police force, as may be

9 required, and may define and prescribe such employees'

10 respective duties and compensation. After receiving a

11 certificate attesting to the successful completion of a

12 training course administered by the Illinois Law Enforcement

13 Training Standards Board, school police officers employed

14 under this Section shall be conservators of the peace within

15 and upon the schools, boulevards, driveways, and property

16 controlled by the school district and shall have the power to

17 make arrests, subject to subsections (b) and (c) of this

18 Section.

19 (b) Each school police officer employed under this Section

20 is vested with police powers, is authorized to act as a

21 conservator of the peace within the school district, and may

22 arrest or cause to be arrested, with or without a warrant, any

23 person who breaks the peace or who violates any ordinance of a

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1 city, town, or village where the school district is located or

2 any criminal law of this State. The authority granted under

3 this subsection (b) is expressly limited to school district

4 property and shall not be construed to extend to any other

5 jurisdiction, except in cases of fresh pursuit or under a

6 validly executed intergovernmental cooperation agreement.

7 An arrest may be made by a school police officer without a

8 warrant when a criminal offense is committed or attempted in

9 his or her presence or when a criminal offense has been

10 committed and the officer has reasonable ground for believing

11 that the person to be arrested has committed it. Any person so

12 arrested shall, without unnecessary delay, be taken by the

13 officer before the circuit court of the county having

14 jurisdiction, and the officer shall file a complaint in writing

15 under oath, charging the defendant with a violation of a

16 statute or ordinance.

17 (c) A school police officer employed under this Section

18 shall comply with the requirements of the Illinois Police

19 Training Act. In addition, before carrying a firearm, each

20 officer shall complete a training course under the Peace

21 Officer and Probation Officer Firearm Training Act.

22 (105 ILCS 5/34-18.50 new)

23 Sec. 34-18.50. School police force.

24 (a) The board may employ a police force, as may be

25 required, and may define and prescribe such employees'

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1 respective duties and compensation. After receiving a

2 certificate attesting to the successful completion of a

3 training course administered by the Illinois Law Enforcement

4 Training Standards Board, school police officers employed

5 under this Section shall be conservators of the peace within

6 and upon the schools, boulevards, driveways, and property

7 controlled by the school district and shall have the power to

8 make arrests, subject to subsections (b) and (c) of this

9 Section.

10 (b) Each school police officer employed under this Section

11 is vested with police powers, is authorized to act as a

12 conservator of the peace within the school district, and may

13 arrest or cause to be arrested, with or without a warrant, any

14 person who breaks the peace or who violates any ordinance of

15 the city or any criminal law of this State. The authority

16 granted under this subsection (b) is expressly limited to

17 school district property and shall not be construed to extend

18 to any other jurisdiction, except in cases of fresh pursuit or

19 under a validly executed intergovernmental cooperation

20 agreement.

21 An arrest may be made by a school police officer without a

22 warrant when a criminal offense is committed or attempted in

23 his or her presence or when a criminal offense has been

24 committed and the officer has reasonable ground for believing

25 that the person to be arrested has committed it. Any person so

26 arrested shall, without unnecessary delay, be taken by the

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1 officer before the circuit court of the county, and the officer

2 shall file a complaint in writing under oath, charging the

3 defendant with a violation of a statute or ordinance.

4 (c) A school police officer employed under this Section

5 shall comply with the requirements of the Illinois Police

6 Training Act. In addition, before carrying a firearm, each

7 school police officer shall complete a training course under

8 the Peace Officer and Probation Officer Firearm Training Act.

9 Section 99. Effective date. This Act takes effect upon

10 becoming law.