HB1458 EngrossedLRB099 04271 NHT 24296 b


  
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 
19students.
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 
6officer.
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, 
62015.