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




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1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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. It
16is also the policy of this State that providing the rights
17specified in this Section to individual students be balanced
18with the need for schools to maintain the safety of all
20    (b) In this Section:
21        "Emergency situation" means action by a student that
22    poses a substantial risk of imminent harm to the student or
23    to other persons or to property.



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1        "Notification" means a reasonable attempt to contact a
2    person through at least 2 methods.
3        "Police officer" means any sworn police officer,
4    including a sworn officer known as a school resource
5    officer or known by any other term for a sworn officer
6    assigned to a school. "Police officer" does not include a
7    sworn officer known as a school resource officer or known
8    by any other term for a sworn officer assigned to a school
9    who is investigating only a violation of a school rule or
10    school district policy or who is acting in furtherance of
11    the school's attempt to maintain a proper educational
12    environment, provided that this exception no longer
13    applies if the police officer, at any time, reasonably
14    believes the subject matter that the student is being
15    questioned about may also constitute an offense for which
16    that student may be held criminally liable.
17        "Presence of a police officer" means any situation in
18    which a police officer is in the physical presence of a
19    student or when a police officer can, by any means, see a
20    student or hear a statement made by a student.
21        "School" means a public school and property owned,
22    leased, or controlled by the school, including
23    transportation vehicles.
24        "Student" means a public school student who is
25    reasonably believed to have violated a school district
26    policy or a school rule or to have committed an offense for



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1    which the student may be criminally liable.
2    (c) Prior to being asked any question or being requested to
3make any statement while in the presence of a police officer, a
4student must be informed of the right not to answer any
5question or to make any statement in the presence of a police
7    (d) 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 that a parent, a guardian, or an
10attorney has the right to be present during such questioning or
11request for a statement.
12    (e) 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 that any information given in the
15presence of a police officer may result in an arrest and in the
16issuing of a summons and may be used in criminal prosecution.
17    (f) Prior to the presence of a police officer during the
18questioning of a student or of a request for a statement, the
19school principal or designee shall approve the presence of the
20police officer during the questioning of or while making a
21request for any statement from the student.
22    (g) Except for emergency situations, a police officer may
23not question a student or ask for the student to provide a
24statement until (i) the student's parent or guardian receives
25notification of the opportunity to be present during such
26questioning or request for a statement and (ii) a period of at



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1least 24 hours has passed since such notification or attempted
2notification to the student's parent or guardian. Notification
3is not required if the student is 18 years of age or older or is
4an emancipated minor.
5    Section 99. Effective date. This Act takes effect July 1,