Bill Status of HB 1458   99th General Assembly

Short Description:  SCH CD-STUDENT RIGHTS-POLICE

House Sponsors
Rep. Emanuel Chris Welch-Monique D. Davis-Mary E. Flowers-La Shawn K. Ford-Rita Mayfield, Kenneth Dunkin, Esther Golar, Camille Y. Lilly, Linda Chapa LaVia, Will Guzzardi, Arthur Turner and William Davis

Last Action  View All Actions

DateChamber Action
  1/10/2017HouseSession Sine Die

Statutes Amended In Order of Appearance
105 ILCS 5/22-80 new

Synopsis As Introduced
Amends the School Code. Provides that (i) prior to being asked any question or being requested to make any statement while in the presence of a police officer, a student must be informed of the right not to answer any question or to make any statement in the presence of a police officer; (ii) prior to being asked any question or being requested to make any statement while in the presence of a police officer, a student must be informed of the right to have a parent, a guardian, a school social worker, or an attorney present during such questioning or request for a statement; (iii) prior to being asked any question or being requested to make any statement while in the presence of a police officer, a student must be informed that any information given in the presence of a police officer may result in an arrest and in the issuing of a summons and may be used in school discipline and in criminal prosecution; (iv) prior to the presence of a police officer during the questioning of a student or of a request for a statement, the school principal shall approve the presence of the police officer during the questioning of or while making a request for any statement from the student; and (v) prior to the presence of a police officer during the questioning of or while making a request for any statement from a student, a parent or guardian of the student must be given notification of the opportunity to be present during the questioning. Sets forth provisions concerning the notification and tracking and reporting data. Effective July 1, 2015.

House Committee Amendment No. 1
Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Adds a school administrator as one of the persons a student must be informed that he or she has the right to have present during questioning or a request for a statement. Provides that nothing in the amendatory provisions removes the in loco parentis authority granted to teachers under the School Code. Provides that the amendatory provisions' reporting requirements must be consistent with reporting requirements already existing on the effective date of the amendatory Act and must not be duplicative. Effective July 1, 2015.

House Floor Amendment No. 2
Replaces everything after the enacting clause. Reinserts the contents of the bill as amended by House Amendment No.1, with the following changes: Makes changes concerning the policy of the State and definitions. Makes changes concerning what a student must be informed about. Allows the principal's designee to approve the presence of a police officer. Provides that except for emergency situations, a police officer may not question a student or ask for the student to provide a statement until (1) the student's parent or guardian receives notification of the opportunity to be present during such questioning or request for a statement and (2) a period of at least 24 hours has passed since such notification or attempted notification to the student's parent or guardian. Provides that notification is not required if the student is 18 years of age or older or is an emancipated minor. Removes other provisions concerning notification and removes provisions concerning tracking arrests, summonses, and notifications; reporting data; and in loco parentis authority. Effective July 1, 2015.

Actions 
DateChamber Action
  2/5/2015HouseFiled with the Clerk by Rep. Emanuel Chris Welch
  2/6/2015HouseFirst Reading
  2/6/2015HouseReferred to Rules Committee
  2/24/2015HouseAssigned to Elementary & Secondary Education: School Curriculum & Policies Committee
  3/4/2015HouseAdded Chief Co-Sponsor Rep. Monique D. Davis
  3/4/2015HouseAdded Chief Co-Sponsor Rep. Mary E. Flowers
  3/4/2015HouseAdded Chief Co-Sponsor Rep. La Shawn K. Ford
  3/4/2015HouseAdded Chief Co-Sponsor Rep. Rita Mayfield
  3/10/2015HouseAdded Co-Sponsor Rep. Kenneth Dunkin
  3/10/2015HouseAdded Co-Sponsor Rep. Esther Golar
  3/11/2015HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  3/11/2015HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  3/23/2015HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Emanuel Chris Welch
  3/23/2015HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  3/24/2015HouseHouse Committee Amendment No. 1 Rules Refers to Elementary & Secondary Education: School Curriculum & Policies Committee
  3/25/2015HouseHouse Committee Amendment No. 1 Adopted in Elementary & Secondary Education: School Curriculum & Policies Committee; by Voice Vote
  3/25/2015HouseDo Pass as Amended / Short Debate Elementary & Secondary Education: School Curriculum & Policies Committee; 017-001-000
  3/25/2015HousePlaced on Calendar 2nd Reading - Short Debate
  3/25/2015HouseAdded Co-Sponsor Rep. Will Guzzardi
  4/20/2015HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Emanuel Chris Welch
  4/20/2015HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/21/2015HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  4/21/2015HouseAdded Co-Sponsor Rep. Arthur Turner
  4/22/2015HouseSecond Reading - Short Debate
  4/22/2015HouseHouse Floor Amendment No. 2 Adopted
  4/22/2015HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/22/2015HouseAdded Co-Sponsor Rep. William Davis
  4/24/2015HouseRule 19(a) / Re-referred to Rules Committee
  1/10/2017HouseSession Sine Die

Back To Top