Illinois General Assembly - Full Text of HB1458
Illinois General Assembly

Previous General Assemblies

Full Text of HB1458  99th General Assembly


Rep. Emanuel Chris Welch

Filed: 3/23/2015





09900HB1458ham001LRB099 04271 NHT 32948 a


2    AMENDMENT NO. ______. Amend House Bill 1458 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by adding Section
522-80 as follows:
6    (105 ILCS 5/22-80 new)
7    Sec. 22-80. Student Bill of Rights.
8    (a) It is the policy of this State to eliminate the
9criminalization of minor instances of student misconduct in
10schools, to prevent police questioning and police presence
11during questioning of students in schools without prior
12explanation to the students of their right to refuse to answer
13questions, and to provide parents with reasonable
14opportunities to be present during police questioning and
15police presence during questioning of students in schools.
16Pursuant to these purposes, it is the policy of this State to



09900HB1458ham001- 2 -LRB099 04271 NHT 32948 a

1ensure that school administrators carefully consider the needs
2of each student when determining whether to involve a school
3resource officer or another sworn police officer in a student
4disciplinary matter. It is also the policy of this State that
5providing the rights specified in this Section to individual
6students be balanced with the need for schools to maintain the
7safety of all students.
8    (b) In this Section:
9        "Emergency situation" means action by a student that
10    poses a substantial risk of imminent harm to the student or
11    to other persons. Examples of such actions are possessing a
12    firearm, possessing an explosive substance or device,
13    possessing a knife with a blade in excess of 3 inches, and
14    possessing a controlled substance in a quantity that
15    indicates an intent to sell pursuant to State law.
16        "Notification" means use of a telephone call, voice
17    mail, text, e-mail or any other means known by the school
18    to be a means to contact a person and by using all such
19    means until at least one means is successful or until all
20    are tried without success.
21        "Opportunity to be present" means a point in time no
22    sooner than 24 hours after notification.
23        "Police officer" means any sworn police officer,
24    including without limitation a sworn officer known as a
25    school resource officer or known by any other term for a
26    sworn officer assigned to a school.



09900HB1458ham001- 3 -LRB099 04271 NHT 32948 a

1        "Presence of a police officer" means any situation in
2    which a police officer is in the physical presence of a
3    student or when a police officer can, by any means, see a
4    student or hear a statement made by a student.
5        "School" means a public school.
6        "Student" means a public school student.
7    (c) Prior to being asked any question or being requested to
8make any statement while in the presence of a police officer, a
9student must be informed of the right not to answer any
10question or to make any statement in the presence of a police
12    (d) Prior to being asked any question or being requested to
13make any statement while in the presence of a police officer, a
14student must be informed of the right to have a parent, a
15guardian, a school social worker, a school administrator, or an
16attorney present during such questioning or request for a
18    (e) Prior to being asked any question or being requested to
19make any statement while in the presence of a police officer, a
20student must be informed that any information given in the
21presence of a police officer may result in an arrest and in the
22issuing of a summons and may be used in school discipline and
23in criminal prosecution.
24    (f) Prior to the presence of a police officer during the
25questioning of a student or of a request for a statement, the
26school principal shall approve the presence of the police



09900HB1458ham001- 4 -LRB099 04271 NHT 32948 a

1officer during the questioning of or while making a request for
2any statement from the student.
3    (g) Prior to the presence of a police officer during the
4questioning of or while making a request for any statement from
5a student, a parent or guardian of the student must be given
6notification of the opportunity to be present during the
7questioning, except that, in the case of an emergency
8situation, the parent or guardian must be given notification of
9the opportunity to be present no later than simultaneous with
10the initiation of the questioning or with the request for a
11statement. Notification is not required if the student is 18
12years of age or older, is an emancipated minor, or is being
13questioned as the victim of a crime.
14    (h) Except in the case of conduct that involves a
15continuing threat of harm to students or property and
16information to mitigate or eliminate the possible harm can be
17obtained by questioning, a parent, guardian, school social
18worker, or attorney shall have up to 24 hours after
19notification to be present when a student is questioned or
20asked to make a statement in the presence of a police officer,
21and the student must not be questioned or asked to make a
22statement until the sooner of the presence of a parent,
23guardian, school social worker, or attorney or 24 hours have
24elapsed after notification to the parent or guardian.
25    (i) Schools shall track arrests, summonses, and
26notifications. Before July 1, 2016 and before each July 1



09900HB1458ham001- 5 -LRB099 04271 NHT 32948 a

1thereafter, each school district shall submit to its school
2board a report with data from the preceding school year that
3includes all of the following:
4        (1) The number of notifications made by the school.
5        (2) The number of students charged for crimes committed
6    on school property.
7        (3) The race, age, ethnicity, and disability status of
8    each student arrested or issued a summons for each charge.
9        (4) The offense for which the student, identified only
10    by his or her race, age, ethnicity, and disability status,
11    has been arrested.
12    No student's name or identifiable information other than
13the information listed in this subsection (i) may be included
14in the report. The school board shall electronically submit
15this report to the State Board of Education on or before August
161 of each year.
17    (j) Nothing in this Section removes the in loco parentis
18authority granted to teachers in Section 24-24 or 34-84a of
19this Code.
20    (k) The reporting requirements in this Section must be
21consistent with reporting requirements already existing on the
22effective date of this amendatory Act of the 99th General
23Assembly and must not be duplicative.
24    Section 99. Effective date. This Act takes effect July 1,