Full Text of HB1458 99th General Assembly
HB1458ham001 99TH GENERAL ASSEMBLY | Rep. Emanuel Chris Welch Filed: 3/23/2015
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| 1 | | AMENDMENT TO HOUSE BILL 1458
| 2 | | AMENDMENT NO. ______. Amend House Bill 1458 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by adding Section | 5 | | 22-80 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 | 9 | | criminalization of minor instances of student misconduct in | 10 | | schools, to prevent police questioning and police presence | 11 | | during questioning of students in schools without prior | 12 | | explanation to the students of their right to refuse to answer | 13 | | questions, and to provide parents with reasonable | 14 | | opportunities to be present during police questioning and | 15 | | police presence during questioning of students in schools. | 16 | | Pursuant to these purposes, it is the policy of this State to |
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| 1 | | ensure that school administrators carefully consider the needs | 2 | | of each student when determining whether to involve a school | 3 | | resource officer or another sworn police officer in a student | 4 | | disciplinary matter. It is also the policy of this State that | 5 | | providing the rights specified in this Section to individual | 6 | | students be balanced with the need for schools to maintain the | 7 | | safety 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. |
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| 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 | 8 | | make any statement while in the presence of a police officer, a | 9 | | student must be informed of the right not to answer any | 10 | | question or to make any statement in the presence of a police | 11 | | officer. | 12 | | (d) Prior to being asked any question or being requested to | 13 | | make any statement while in the presence of a police officer, a | 14 | | student must be informed of the right to have a parent, a | 15 | | guardian, a school social worker, a school administrator, or an | 16 | | attorney present during such questioning or request for a | 17 | | statement. | 18 | | (e) Prior to being asked any question or being requested to | 19 | | make any statement while in the presence of a police officer, a | 20 | | student must be informed that any information given in the | 21 | | presence of a police officer may result in an arrest and in the | 22 | | issuing of a summons and may be used in school discipline and | 23 | | in criminal prosecution. | 24 | | (f) Prior to the presence of a police officer during the | 25 | | questioning of a student or of a request for a statement, the | 26 | | school principal shall approve the presence of the police |
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| 1 | | officer during the questioning of or while making a request for | 2 | | any statement from the student. | 3 | | (g) Prior to the presence of a police officer during the | 4 | | questioning of or while making a request for any statement from | 5 | | a student, a parent or guardian of the student must be given | 6 | | notification of the opportunity to be present during the | 7 | | questioning, except that, in the case of an emergency | 8 | | situation, the parent or guardian must be given notification of | 9 | | the opportunity to be present no later than simultaneous with | 10 | | the initiation of the questioning or with the request for a | 11 | | statement. Notification is not required if the student is 18 | 12 | | years of age or older, is an emancipated minor, or is being | 13 | | questioned as the victim of a crime. | 14 | | (h) Except in the case of conduct that involves a | 15 | | continuing threat of harm to students or property and | 16 | | information to mitigate or eliminate the possible harm can be | 17 | | obtained by questioning, a parent, guardian, school social | 18 | | worker, or attorney shall have up to 24 hours after | 19 | | notification to be present when a student is questioned or | 20 | | asked to make a statement in the presence of a police officer, | 21 | | and the student must not be questioned or asked to make a | 22 | | statement until the sooner of the presence of a parent, | 23 | | guardian, school social worker, or attorney or 24 hours have | 24 | | elapsed after notification to the parent or guardian. | 25 | | (i) Schools shall track arrests, summonses, and | 26 | | notifications. Before July 1, 2016 and before each July 1 |
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| 1 | | thereafter, each school district shall submit to its school | 2 | | board a report with data from the preceding school year that | 3 | | includes 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 | 13 | | the information listed in this subsection (i) may be included | 14 | | in the report. The school board shall electronically submit | 15 | | this report to the State Board of Education on or before August | 16 | | 1 of each year. | 17 | | (j) Nothing in this Section removes the in loco parentis | 18 | | authority granted to teachers in Section 24-24 or 34-84a of | 19 | | this Code. | 20 | | (k) The reporting requirements in this Section must be | 21 | | consistent with reporting requirements already existing on the | 22 | | effective date of this amendatory Act of the 99th General | 23 | | Assembly and must not be duplicative.
| 24 | | Section 99. Effective date. This Act takes effect July 1, | 25 | | 2015.".
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