Rep. Christopher "C.D." Davidsmeyer
Filed: 4/3/2025
 
 
 




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1
AMENDMENT TO HOUSE BILL 1316 


2    AMENDMENT NO. ______. Amend House Bill 1316 by replacing 
3everything after the enacting clause with the following:

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 
 
 
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1 school grounds;    
2provided that taking such immediate action to notify the 
3office of the principal would not immediately endanger the 
4health, safety, or welfare of students who are under the 
5direct supervision of the school official or the school 
6official. If the health, safety, or welfare of students under 
7the direct supervision of the school official or of the school 
8official is immediately endangered, the school official shall 
9notify the office of the principal as soon as the students 
10under his or her supervision and he or she are no longer under 
11immediate danger. A report is not required by this Section 
12when the school official knows that the person in possession 
13of the firearm is a law enforcement official engaged in the 
14conduct of his or her official duties. Any school official 
15acting in good faith who makes such a report under this Section 
16shall have immunity from any civil or criminal liability that 
17might otherwise be incurred as a result of making the report. 
18The identity of the school official making such report shall 
19not be disclosed except as expressly and specifically 
20authorized by law. Knowingly and willfully failing to comply 
21with this Section is a petty offense. A second or subsequent 
22offense is a Class C misdemeanor.
23    (b) Upon receiving a report from any school official 
24pursuant to this Section, or from any other person, the 
25principal or his or her designee shall immediately notify a 
26local law enforcement agency. If the person found to be in 
 
 
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1possession of a firearm on school grounds is a student, the 
2principal or his or her designee shall also immediately notify 
3that student's parent or guardian. If the report pertains to a 
4threat of firearm violence made by a student, the principal or 
5the principal's designee shall immediately notify that 
6student's parent or guardian. The principal or principal's 
7designee shall attempt to contact the student's parent or 
8guardian to ensure that the student does not have access to a 
9firearm. Any principal or his or her designee acting in good 
10faith who makes such reports under this Section shall have 
11immunity from any civil or criminal liability that might 
12otherwise be incurred or imposed as a result of making the 
13reports. Knowingly and willfully failing to comply with this 
14Section is a petty offense. A second or subsequent offense is a 
15Class C misdemeanor. If the person found to be in possession of 
16the firearm on school grounds is a minor, the law enforcement 
17agency shall detain that minor until such time as the agency 
18makes a determination pursuant to clause (a) of subsection (1) 
19of Section 5-401 of the Juvenile Court Act of 1987, as to 
20whether the agency reasonably believes that the minor is 
21delinquent. If the law enforcement agency determines that 
22probable cause exists to believe that the minor committed a 
23violation of item (4) of subsection (a) of Section 24-1 of the 
24Criminal Code of 2012 while on school grounds, the agency 
25shall detain the minor for processing pursuant to Section 
265-407 of the Juvenile Court Act of 1987.
 
 
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1    (c) Upon receipt of any written, electronic, or verbal 
2report from any school personnel regarding a verified incident 
3involving a firearm in a school or on school owned or leased 
4property, including any conveyance owned, leased, or used by 
5the school for the transport of students or school personnel, 
6the superintendent or his or her designee shall report all 
7such firearm-related incidents occurring in a school or on 
8school property to the local law enforcement authorities 
9immediately.
10    (c-5) Schools shall report any written, electronic, or 
11verbal report of a verified incident involving a firearm made 
12under subsection (c) to the State Board of Education through 
13existing school incident reporting systems as they occur 
14during the year by no later than August 1 of each year. The 
15State Board of Education shall report data by school district, 
16as collected from school districts, and make it available to 
17the public via its website. The local law enforcement 
18authority shall, by March 1 of each year, report the required 
19data from the previous year to the Illinois State Police's 
20Illinois Uniform Crime Reporting Program, which shall be 
21included in its annual Crime in Illinois report. 
22    (d) As used in this Section, the term "firearm" shall have 
23the meaning ascribed to it in Section 1.1 of the Firearm Owners 
24Identification Card Act.
25    As used in this Section, the term "school" means any 
26public or private elementary or secondary school.
 
 
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1    As used in this Section, the term "school grounds" 
2includes the real property comprising any school, any 
3conveyance owned, leased, or contracted by a school to 
4transport students to or from school or a school-related 
5activity, or any public way within 1,000 feet of the real 
6property comprising any school.
7(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; 
8102-813, eff. 5-13-22; 103-34, eff. 6-9-23; 103-609, eff. 
97-1-24.)

10    (Text of Section from P.A. 103-780)
11    Sec. 10-27.1A. Firearms in schools. 
12    (a) All school officials, including teachers, school 
13counselors, and support staff, shall immediately notify the 
14office of the principal in the event that they:
15        (1) observe any person in possession of a firearm on 
16 school grounds; 
17        (2) become aware of any person in possession of a 
18 firearm on school grounds; or    
19        (3) become aware of any threat of gun violence on 
20 school grounds;    
21provided that taking such immediate action to notify the 
22office of the principal would not immediately endanger the 
23health, safety, or welfare of students who are under the 
24direct supervision of the school official or the school 
25official. If the health, safety, or welfare of students under 
 
 
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1the direct supervision of the school official or of the school 
2official is immediately endangered, the school official shall 
3notify the office of the principal as soon as the students 
4under his or her supervision and he or she are no longer under 
5immediate danger. A report is not required by this Section 
6when the school official knows that the person in possession 
7of the firearm is a law enforcement official engaged in the 
8conduct of his or her official duties. Any school official 
9acting in good faith who makes such a report under this Section 
10shall have immunity from any civil or criminal liability that 
11might otherwise be incurred as a result of making the report. 
12The identity of the school official making such report shall 
13not be disclosed except as expressly and specifically 
14authorized by law. Knowingly and willfully failing to comply 
15with this Section is a petty offense. A second or subsequent 
16offense is a Class C misdemeanor.
17    (b) Upon receiving a report from any school official 
18pursuant to this Section, or from any other person, the 
19principal or his or her designee shall immediately notify a 
20local law enforcement agency. If the person found to be in 
21possession of a firearm on school grounds is a student, the 
22principal or his or her designee shall also immediately notify 
23that student's parent or guardian. If the report pertains to a 
24threat of firearm violence made by a student, the principal or 
25the principal's designee shall immediately notify that 
26student's parent or guardian. The principal or principal's 
 
 
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1designee shall attempt to contact the student's parent or 
2guardian to 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 July 31 for the previous 
9school year. The State Board of Education shall report data by 
10school district, as collected from school districts, and make 
11it available to the public via its website. The local law 
12enforcement authority shall, by March 1 of each year, report 
13the required data from the previous year to the Illinois State 
14Police's Illinois Uniform Crime Reporting Program, which shall 
15be included 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; 103-780, eff. 
38-2-24.)

4    Section 95. No acceleration or delay. Where this Act makes 
5changes in a statute that is represented in this Act by text 
6that is not yet or no longer in effect (for example, a Section 
7represented by multiple versions), the use of that text does 
8not accelerate or delay the taking effect of (i) the changes 
9made by this Act or (ii) provisions derived from any other 
10Public Act.

11    Section 99. Effective date. This Act takes effect upon 
12becoming law.".