101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5027

 

Introduced 2/18/2020, by Rep. John M. Cabello

 

SYNOPSIS AS INTRODUCED:
 
New Act
30 ILCS 105/5  from Ch. 127, par. 141
30 ILCS 105/5.930 new

    Creates the Student Safety Act. Provides that, subject to appropriation, the Office of the Attorney General (Office), in consultation with the Illinois State Police, the Department of Human Services, the Department of Children and Family Services, and the State Board of Education, shall establish a Student Safety Program for receiving reports and other information from the public regarding potential self-harm and potential harm, incidents of bullying and hazing, or criminal acts, including, but not limited to, sexual abuse, assault, or rape, directed at school students, school employees, or schools in this State. Provides that the Student Safety Program must include a hotline and mobile phone application for receiving reports and information. Requires the hotline and mobile phone application to be available for use 24 hours a day. Requires the Office to provide promotional information regarding the School Safety Program on its official website. Contains provisions concerning a contracted vendor to create and operate the hotline and mobile phone application; rules of confidentiality; disclosure of information; criminal offenses as a result of a report or information to the hotline or mobile phone application; notice to schools; reports referred to the Department of Children and Family Services; and the Student Safety Program Fund. Amends the State Finance Act. Provides that the Student Safety Program Fund is not subject to certain restrictions regarding special funds.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning school safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Student Safety Act.
 
6    Section 5. Definitions. As used in this act:
7    "Office" means the Office of the Attorney General.
8    "Fund" means the Student Safety Program Fund.
9    "Hotline" means a combination of a toll-free telephone
10number and a mobile phone application that transmits voice,
11text, photographic, and other messages and information to a
12vendor described in subsection (c) of Section 10, including
13information forwarded to that vendor through the Attorney
14General's website described in subsection (b) of Section 10.
15    "School" means a public, private, denominational, or
16parochial school offering pre-kindergarten, kindergarten, or
17any grade from 1 through 12, regardless of whether school is in
18session. School includes all school property.
19    "School employee" means a full-time or part-time employee
20of a school or school district including a school
21administrator, a volunteer with a school or school district, or
22any other person who provides services to a school or school
23district while he or she is on school property. A person

 

 

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1described in this definition is considered a school employee
2regardless of whether school is in session.
3    "School property" means a building, playing field, or
4property used for school purposes to impart instruction to
5school students or used for school purposes, functions, and
6events, regardless of whether school is in session. School
7property includes a school bus as that term is defined in the
8Illinois Vehicle Code.
9    "School student" means a person who is enrolled as a
10student in a school regardless of whether school is in session.
 
11    Section 10. Attorney General; Student Safety Program;
12hotline and mobile application.
13    (a) Subject to appropriation, the Office of the Attorney
14General, in consultation with the Illinois State Police, the
15Department of Human Services, the Department of Children and
16Family Services, and the State Board of Education, shall
17establish a Student Safety Program for receiving reports and
18other information from the public regarding potential
19self-harm and potential harm, incidents of bullying and hazing,
20or criminal acts, including, but not limited to, sexual abuse,
21assault, or rape, directed at school students, school
22employees, or schools in this State. The Office shall establish
23the Student Safety Program within the guidelines of this Act.
24The Office shall have access to the information needed to meet
25the reporting requirements of Section 45.

 

 

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1    (b) The Student Safety Program described in subsection (a)
2must include a hotline and mobile phone application for
3receiving reports and information described in subsection (a).
4The hotline and mobile phone application must be available for
5use 24 hours a day. The Office shall provide promotional
6information regarding the School Safety Program on its official
7website.
8    (c) Prior to operation of the hotline and mobile phone
9application, the Illinois Department of Innovation and
10Technology shall issue a request for proposals to enter into a
11contract for operation of the hotline and mobile phone
12application. The Illinois Department of Innovation and
13Technology has sole authority over the request for proposals
14process and the decision over which entity is awarded the
15contract. This subsection does not prohibit the Illinois State
16Police from submitting a proposal. Any contract must require
17the vendor to be bound by the requirements of this Act,
18including its confidentiality provisions. Beginning on the
19date that the hotline and mobile phone application established
20under this Act are operational, all calls received by any
21existing State-run school violence hotline in operation before
22the establishment of this Act must be directed to the hotline
23and mobile phone application established under this Act. Any
24existing State-run school violence hotline in operation before
25the effective date of this Act must be disconnected within 6
26months after the hotline and mobile phone application

 

 

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1established under this Act are operational.
2    (d) The Office is responsible for the continued operational
3and administrative oversight of the Student Safety Program. The
4program must provide for a means to review all information
5submitted through the hotline and mobile phone application and
6to direct those reports and that information, including any
7analysis of the potential threat as determined appropriate by
8the Office or a vendor under contract with the Office, to the
9Department of Children and Family Services, local law
10enforcement officials, and the appropriate school officials.
11The Student Safety Program must include a means by which
12responses at the local level are determined and evaluated for
13effectiveness. The Office shall ensure that appropriate
14training is provided to program personnel in all of the
15following areas:
16        (1) Crisis management, including recognizing mental
17    illness and emotional disturbance.
18        (2) The resources that are available in the community
19    for providing mental health treatment and other human
20    services.
21        (3) Other matters determined by the Office to be
22    relevant to the administration and operation of the
23    program.
24    (e) A report or other information submitted to the hotline
25or mobile phone application is considered to be a report to the
26Office and must be maintained as a record by the vendor

 

 

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1described in subsection (c) for at least one year, subject to
2the confidentiality requirements of this Act.
3    (f) The Office shall ensure that any hotline or mobile
4phone application information that suggests that a psychiatric
5emergency is taking place is immediately referred to the
6appropriate crisis mental health provider for the county or
7city in which the psychiatric emergency is taking place.
8    (g) The Office shall develop a source of information on
9available community mental health resources and contacts,
10including mental health services. The Office shall notify
11schools and law enforcement of this information source. The
12notice must include the recommendation from the Office that
13school and law enforcement officials, upon investigating a case
14and determining that mental illness or emotional disturbance is
15or may be involved, utilize this information in aiding subjects
16and their parents or guardians.
17    (h) At least biannually, the governing body of a school
18shall provide to the Illinois State Police current emergency
19contact information for at least one school official to ensure
20that a school official is able to receive information under
21subsection (d) at all times. If a governing body provides
22contact information for more than one school official, the
23governing body shall specify the days and times that each
24school official is available to receive information under
25subsection (d).
 

 

 

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1    Section 15. Confidentiality.
2    (a) Any report or information submitted to the hotline or
3mobile phone application under Section 10 is confidential,
4shall not be released except as otherwise provided in this Act,
5and is not subject to disclosure under the Freedom of
6Information Act.
7    (b) Any report or information submitted to the hotline or
8mobile phone application and forwarded by the vendor described
9in subsection (c) of Section 10 to the Department of Children
10and Family Services, a law enforcement official, or a school
11official is confidential, shall not be released except as
12otherwise provided in this Act, and is not subject to
13disclosure under the Freedom of Information Act.
14    (c) A person who intentionally discloses information to
15another person in violation of subsection (a) or (b) is guilty
16of a misdemeanor punishable by imprisonment for not more than
1790 days or a fine of not more than $500, or both.
18    (d) If a report to the hotline or mobile phone application
19does not result in a referral, or the investigation of a
20subject results in a determination that no action regarding
21that subject is warranted, the subject's name shall be expunged
22from the records of all entities involved in the hotline and
23mobile phone application program except as otherwise provided
24by law.
 
25    Section 20. Disclosure of information. Information

 

 

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1regarding a report or information submitted to the hotline or
2mobile phone application under Section 10, including any
3identifying information, may be disclosed as follows:
4        (1) By either of the following as necessary for
5    purposes of this Act and as necessary to address reports
6    and information received under this Act:
7            (A) A vendor described under subsection (c) of
8        Section 10 and its employees acting in the course of
9        their duties.
10            (B) By the Office, law enforcement agencies,
11        schools, crisis mental health providers, and community
12        mental health providers, and their employees acting in
13        the course of their duties. However, this subparagraph
14        does not allow the disclosure of information that would
15        identify the person who submitted the report or
16        information to the hotline or mobile phone application
17        under Section 10.
18        (2) With the permission of the person or, if the person
19    is a minor, with the permission of the minor and his or her
20    parents or guardians.
21        (3) Pursuant to a court order issued under Section 25.
 
22    Section 25. Filing of petition by person charged with a
23criminal offense.
24    (a) A person who is charged with a criminal offense as a
25result of a report or information filed under Section 10 may

 

 

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1petition the court for disclosure of the report or information,
2including any identifying information, as provided in this
3subsection. The prosecuting attorney for the local unit of
4government having jurisdiction and the Attorney General shall
5be notified of the petition not less than 7 days before the
6hearing on the petition, or as otherwise provided by the court,
7and have the right to appear in the proceedings to oppose the
8petition. If a petition is filed under this subsection, the
9court may conduct a hearing on the petition. If a hearing is
10conducted, it shall be conducted in chambers outside of the
11presence of the petitioner. If the court determines that the
12report or information, including any identifying information,
13is relevant to the criminal proceedings and is essential to the
14fair trial of the person, the court may order the disclosure of
15that report or information, including any identifying
16information, as determined appropriate by the court. The court
17may place restrictions on the release and use of the report or
18information, including any identifying information, obtained
19under this subsection or may redact material as it considers
20appropriate. Material reviewed by the court that is not ordered
21released or that is redacted shall be maintained by the court
22under seal for purposes of appeal only.
23    (b) If the prosecuting attorney for a local unit of
24government has reason to believe that a report or other
25information provided under Section 10 was falsely provided to
26the vendor described in subsection (c) of Section 10 through

 

 

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1the hotline or mobile phone application operated by that vendor
2under Section 10, that prosecuting attorney may petition the
3court to disclose the report or information, including any
4identifying information. The Attorney General shall be
5notified of the petition not less than 7 days before the
6hearing on the petition, or as otherwise provided by the court,
7and has the right to appear in the proceedings to oppose the
8petition. If the court determines that there is reason to
9believe that the report or information may have been falsely
10provided, the court may order the disclosure of the report or
11information, including any identifying information, as
12determined appropriate by the court. The court may place
13restrictions on the release and use of the report or
14information, including any identifying information, obtained
15under this subsection or may redact material as it considers
16appropriate. Material reviewed by the court that is not ordered
17released or that is redacted shall be maintained by the court
18under seal for purposes of appeal only.
19    (c) The Attorney General may also appear in any other
20action to oppose the release of any report or information
21obtained under Section 10, including any identifying
22information.
 
23    Section 30. Notice to schools. The Attorney General shall
24inform all school districts and non-public schools in the State
25that school-aged children under the age of 18 may use the

 

 

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1hotline and mobile phone application established under this Act
2to report potential self-harm and potential harm, incidents of
3bullying or hazing, or criminal acts, including, but not
4limited to, sexual abuse, assault, or rape, directed at school
5students, school employees, or schools in this State. The
6Attorney General shall also post on its website, in a relevant
7and conspicuous place, information on how a child can make a
8report to the hotline and mobile phone application.
 
9    Section 35. Reports referred to the Department of Children
10and Family Services. Reports made to the hotline and mobile
11phone application that are referred to the Department of
12Children and Family Services concerning potential self-harm
13and potential harm or incidents of bullying or hazing shall not
14initiate a child abuse or neglect investigation under the
15Abused and Neglected Child Reporting Act and shall not be
16transmitted to any Child Protective Services Unit.
 
17    Section 40. Student Safety Program Fund.
18    (a) The Student Safety Program Fund is created as a special
19fund within the State treasury.
20    (b) The Fund shall consist of:
21        (1) Any moneys appropriated to the Office for the
22    Student Safety Program.
23        (2) Gifts, bequests, and other sources of funding.
24        (3) All interest earned on moneys in the Fund.

 

 

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1    (c) The Office may only expend money from the Fund, upon
2appropriation, for the following purposes:
3            (a) To pay the costs of the Office for
4        administering this Act.
5            (b) To pay the costs of the vendor described in
6        subsection (c) of Section 10 for operating the hotline
7        and mobile phone application under this Act.
8            (c) To promote public awareness of the School
9        Safety Program, including the availability of the
10        hotline and mobile phone application, and the website
11        operated by the Office.
12    (d) The restrictions on special funds provided in
13subsections (b) and (c) of Section 5 of the State Finance Act
14do not apply to the Fund.
 
15    Section 45. Reporting requirements. The Office, in
16consultation with the Department of Human Services, the
17Department of Children and Family Services, the State Board of
18Education, and the vendor described in subsection (c) of
19Section 10, shall prepare an annual report under this Act. The
20report shall be filed not later than July 31 of the year in
21which the report is due. Copies of the report shall be filed
22with the Governor, the Secretary of the Senate, and the Clerk
23of the House of Representatives. The report shall also be
24maintained on the Office's website. The report shall contain
25all of the following information:

 

 

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1        (1) The number of reports and other information
2    reported to the hotline and the mobile phone application
3    under this Act.
4        (2) The number of reports and information reported to
5    the hotline and the mobile phone application that are
6    forwarded to the Department of Children and Family
7    Services, local local enforcement officials, and school
8    officials.
9        (3) The nature of the reports and information reported
10    to the hotline and the mobile phone application in
11    categories established by the Office.
12        (4) The responses to the reports and information
13    reported to the hotline or mobile phone application by the
14    Office.
15        (5) The source of all funds deposited in the Student
16    Safety Program Fund.
17        (6) The itemized costs and expenditures incurred by the
18    Office in implementing this Act.
19        (7) The itemized costs and expenditures incurred by the
20    Department of Children and Family Services and the Illinois
21    State Police in implementing this Act.
22        (8) The contributions of, and the costs and
23    expenditures incurred by, the vendor with whom the Office
24    enters into a contract under subsection (c) of Section 10.
25        (9) An analysis of the overall effectiveness of the
26    Student Safety Program in addressing potential self-harm

 

 

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1    and potential harm or criminal acts directed at schools,
2    school employees, and school students.
 
3    Section 50. The State Finance Act is amended by changing
4Section 5 and by adding Section 5.930 as follows:
 
5    (30 ILCS 105/5)  (from Ch. 127, par. 141)
6    Sec. 5. Special funds.
7    (a) There are special funds in the State Treasury
8designated as specified in the Sections which succeed this
9Section 5 and precede Section 6.
10    (b) Except as provided in the Illinois Motor Vehicle Theft
11Prevention and Insurance Verification Act, when any special
12fund in the State Treasury is discontinued by an Act of the
13General Assembly, any balance remaining therein on the
14effective date of such Act shall be transferred to the General
15Revenue Fund, or to such other fund as such Act shall provide.
16Warrants outstanding against such discontinued fund at the time
17of the transfer of any such balance therein shall be paid out
18of the fund to which the transfer was made.
19    (c) When any special fund in the State Treasury has been
20inactive for 18 months or longer, the fund is automatically
21terminated by operation of law and the balance remaining in
22such fund shall be transferred by the Comptroller to the
23General Revenue Fund. When a special fund has been terminated
24by operation of law as provided in this Section, the General

 

 

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1Assembly shall repeal or amend all Sections of the statutes
2creating or otherwise referring to that fund.
3    The Comptroller shall be allowed the discretion to maintain
4or dissolve any federal trust fund which has been inactive for
518 months or longer.
6    (d) (Blank).
7    (e) (Blank).
8    (f) The restrictions on special funds provided in
9subsections (b) and (c) do not apply to the Student Safety
10Fund.
11(Source: P.A. 100-373, eff. 1-1-18.)
 
12    (30 ILCS 105/5.930 new)
13    Sec. 5.930. The Student Safety Program Fund.