Illinois General Assembly - Full Text of HB1458
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Full Text of HB1458  99th General Assembly


Rep. Emanuel Chris Welch

Filed: 4/20/2015





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2    AMENDMENT NO. ______. Amend House Bill 1458, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The School Code is amended by adding Section
622-80 as follows:
7    (105 ILCS 5/22-80 new)
8    Sec. 22-80. Student Bill of Rights.
9    (a) It is the policy of this State to eliminate the
10criminalization of minor instances of student misconduct in
11schools, to prevent police questioning and police presence
12during questioning of students in schools without prior
13explanation to the students of their right to refuse to answer
14questions, and to provide parents with reasonable
15opportunities to be present during police questioning and
16police presence during questioning of students in schools. It



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1is also the policy of this State that providing the rights
2specified in this Section to individual students be balanced
3with the need for schools to maintain the safety of all
5    (b) In this Section:
6        "Emergency situation" means action by a student that
7    poses a substantial risk of imminent harm to the student or
8    to other persons or to property.
9        "Notification" means a reasonable attempt to contact a
10    person through at least 2 methods.
11        "Police officer" means any sworn police officer,
12    including a sworn officer known as a school resource
13    officer or known by any other term for a sworn officer
14    assigned to a school. "Police officer" does not include a
15    sworn officer known as a school resource officer or known
16    by any other term for a sworn officer assigned to a school
17    who is investigating only a violation of a school rule or
18    school district policy or who is acting in furtherance of
19    the school's attempt to maintain a proper educational
20    environment, provided that this exception no longer
21    applies if the police officer, at any time, reasonably
22    believes the subject matter that the student is being
23    questioned about may also constitute an offense for which
24    that student may be held criminally liable.
25        "Presence of a police officer" means any situation in
26    which a police officer is in the physical presence of a



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1    student or when a police officer can, by any means, see a
2    student or hear a statement made by a student.
3        "School" means a public school and property owned,
4    leased, or controlled by the school, including
5    transportation vehicles.
6        "Student" means a public school student who is
7    reasonably believed to have violated a school district
8    policy or a school rule or to have committed an offense for
9    which the student may be criminally liable.
10    (c) Prior to being asked any question or being requested to
11make any statement while in the presence of a police officer, a
12student must be informed of the right not to answer any
13question or to make any statement in the presence of a police
15    (d) Prior to being asked any question or being requested to
16make any statement while in the presence of a police officer, a
17student must be informed that a parent, a guardian, or an
18attorney has the right to be present during such questioning or
19request for a statement.
20    (e) Prior to being asked any question or being requested to
21make any statement while in the presence of a police officer, a
22student must be informed that any information given in the
23presence of a police officer may result in an arrest and in the
24issuing of a summons and may be used in criminal prosecution.
25    (f) Prior to the presence of a police officer during the
26questioning of a student or of a request for a statement, the



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1school principal or designee shall approve the presence of the
2police officer during the questioning of or while making a
3request for any statement from the student.
4    (g) Except for emergency situations, a police officer may
5not question a student or ask for the student to provide a
6statement until (i) the student's parent or guardian receives
7notification of the opportunity to be present during such
8questioning or request for a statement and (ii) a period of at
9least 24 hours has passed since such notification or attempted
10notification to the student's parent or guardian. Notification
11is not required if the student is 18 years of age or older or is
12an emancipated minor.
13    Section 99. Effective date. This Act takes effect July 1,