Bill Text: IL HB1458 | 2015-2016 | 99th General Assembly | Engrossed

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Bill Title: Amends the School Code. Provides that (i) 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; (ii) 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 to have a parent, a guardian, a school social worker, or an attorney present during such questioning or request for a statement; (iii) 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 school discipline and in criminal prosecution; (iv) prior to the presence of a police officer during the questioning of a student or of a request for a statement, the school principal shall approve the presence of the police officer during the questioning of or while making a request for any statement from the student; and (v) prior to the presence of a police officer during the questioning of or while making a request for any statement from a student, a parent or guardian of the student must be given notification of the opportunity to be present during the questioning. Sets forth provisions concerning the notification and tracking and reporting data. Effective July 1, 2015.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2015-04-24 - Rule 19(a) / Re-referred to Rules Committee [HB1458 Detail]

Download: Illinois-2015-HB1458-Engrossed.html

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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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.

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"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

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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

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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.