HB1458ham001 99TH GENERAL ASSEMBLY

Rep. Emanuel Chris Welch

Filed: 3/23/2015

09900HB1458ham001 LRB099 04271 NHT 32948 a

AMENDMENT TO HOUSE BILL 1458

AMENDMENT NO. ______. Amend House Bill 1458 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. Pursuant to these purposes, it is the policy of this State to ensure that school administrators carefully consider the needs of each student when determining whether to involve a school resource officer or another sworn police officer in a student disciplinary matter. 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. Examples of such actions are possessing a firearm, possessing an explosive substance or device, possessing a knife with a blade in excess of 3 inches, and possessing a controlled substance in a quantity that indicates an intent to sell pursuant to State law.

"Notification" means use of a telephone call, voice mail, text, e-mail or any other means known by the school to be a means to contact a person and by using all such means until at least one means is successful or until all are tried without success.

"Opportunity to be present" means a point in time no sooner than 24 hours after notification.

"Police officer" means any sworn police officer, including without limitation a sworn officer known as a school resource officer or known by any other term for a sworn officer assigned to a school.

"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.

"Student" means a public school student.

(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 of the right to have a parent, a guardian, a school social worker, a school administrator, or an attorney 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 school discipline and 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 shall approve the presence of the police officer during the questioning of or while making a request for any statement from the student.

(g) 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, except that, in the case of an emergency situation, the parent or guardian must be given notification of the opportunity to be present no later than simultaneous with the initiation of the questioning or with the request for a statement. Notification is not required if the student is 18 years of age or older, is an emancipated minor, or is being questioned as the victim of a crime.

(h) Except in the case of conduct that involves a continuing threat of harm to students or property and information to mitigate or eliminate the possible harm can be obtained by questioning, a parent, guardian, school social worker, or attorney shall have up to 24 hours after notification to be present when a student is questioned or asked to make a statement in the presence of a police officer, and the student must not be questioned or asked to make a statement until the sooner of the presence of a parent, guardian, school social worker, or attorney or 24 hours have elapsed after notification to the parent or guardian.

(i) Schools shall track arrests, summonses, and notifications. Before July 1, 2016 and before each July 1 thereafter, each school district shall submit to its school board a report with data from the preceding school year that includes all of the following:

(1) The number of notifications made by the school.

(2) The number of students charged for crimes committed on school property.

(3) The race, age, ethnicity, and disability status of each student arrested or issued a summons for each charge.

(4) The offense for which the student, identified only by his or her race, age, ethnicity, and disability status, has been arrested.

No student's name or identifiable information other than the information listed in this subsection (i) may be included in the report. The school board shall electronically submit this report to the State Board of Education on or before August 1 of each year.

(j) Nothing in this Section removes the in loco parentis authority granted to teachers in Section 24-24 or 34-84a of this Code.

(k) The reporting requirements in this Section must be consistent with reporting requirements already existing on the effective date of this amendatory Act of the 99th General Assembly and must not be duplicative.

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