HB1458ham002 99TH GENERAL ASSEMBLY

Rep. Emanuel Chris Welch

Filed: 4/20/2015

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AMENDMENT TO HOUSE BILL 1458

AMENDMENT NO. ______. Amend House Bill 1458, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by adding Section 22-80 as follows:

(105 ILCS 5/22-80 new)

Sec. 22-80. Student Bill of Rights.

(a) It is the policy of this State to eliminate the criminalization of minor instances of student misconduct in schools, to prevent police questioning and police presence during questioning of students in schools without prior explanation to the students of their right to refuse to answer questions, and to provide parents with reasonable opportunities to be present during police questioning and police presence during questioning of students in schools. It is also the policy of this State that providing the rights specified in this Section to individual students be balanced with the need for schools to maintain the safety of all students.

(b) In this Section:

"Emergency situation" means action by a student that poses a substantial risk of imminent harm to the student or to other persons or to property.

"Notification" means a reasonable attempt to contact a person through at least 2 methods.

"Police officer" means any sworn police officer, including a sworn officer known as a school resource officer or known by any other term for a sworn officer assigned to a school. "Police officer" does not include a sworn officer known as a school resource officer or known by any other term for a sworn officer assigned to a school who is investigating only a violation of a school rule or school district policy or who is acting in furtherance of the school's attempt to maintain a proper educational environment, provided that this exception no longer applies if the police officer, at any time, reasonably believes the subject matter that the student is being questioned about may also constitute an offense for which that student may be held criminally liable.

"Presence of a police officer" means any situation in which a police officer is in the physical presence of a student or when a police officer can, by any means, see a student or hear a statement made by a student.

"School" means a public school and property owned, leased, or controlled by the school, including transportation vehicles.

"Student" means a public school student who is reasonably believed to have violated a school district policy or a school rule or to have committed an offense for which the student may be criminally liable.

(c) 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.

(d) 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 a parent, a guardian, or an attorney has the right to be present during such questioning or request for a statement.

(e) 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 criminal prosecution.

(f) Prior to the presence of a police officer during the questioning of a student or of a request for a statement, the school principal or designee shall approve the presence of the police officer during the questioning of or while making a request for any statement from the student.

(g) Except for emergency situations, a police officer may not question a student or ask for the student to provide a statement until (i) the student's parent or guardian receives notification of the opportunity to be present during such questioning or request for a statement and (ii) a period of at least 24 hours has passed since such notification or attempted notification to the student's parent or guardian. Notification is not required if the student is 18 years of age or older or is an emancipated minor.

Section 99. Effective date. This Act takes effect July 1, 2015.".