98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2760

 

Introduced 1/28/2014, by Sen. Kimberly A. Lightford

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/22-80 new

    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, 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, school principal and police officer consultation, and tracking and reporting data. Effective July 1, 2014.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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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.
16Pursuant to these purposes, it is the policy of this State to
17ensure that school administrators carefully consider the needs
18of each student when determining whether to involve a school
19resource officer or another sworn police officer in a student
20disciplinary matter. It is also the policy of this State that
21providing the rights specified in this Section to individual
22students be balanced with the need for schools to maintain the
23safety of all students.

 

 

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1    (b) In this Section:
2        "Dangerous misconduct" means action by a student that
3    poses a substantial risk of imminent harm to the student or
4    to other persons. Examples of such actions are possessing a
5    firearm, possessing an explosive substance or device,
6    possessing a knife with a blade in excess of 3 inches, and
7    possessing a controlled substance in a quantity that
8    indicates an intent to sell pursuant to State law.
9        "Police officer" means any sworn police officer,
10    including without limitation a sworn officer known as a
11    school resource officer or known by any other term for a
12    sworn officer assigned to a school.
13        "Notification" means use of a telephone call, voice
14    mail, text, e-mail or any other means known by the school
15    to be a means to contact a person and by using all such
16    means until at least one means is successful or until all
17    are tried without success.
18        "Opportunity to be present" means a point in time no
19    sooner than 48 hours after notification.
20        "Presence of a police officer" means any situation in
21    which a police officer is in the physical presence of a
22    student or when a police officer can, by any means, see a
23    student or hear a statement made by a student.
24        "School" means a public school.
25        "Student" means a public school student.
26    (c) Prior to being asked any question or being requested to

 

 

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1make any statement while in the presence of a police officer, a
2student must be informed of the right not to answer any
3question or to make any statement in the presence of a police
4officer.
5    (d) Prior to being asked any question or being requested to
6make any statement while in the presence of a police officer, a
7student must be informed of the right to have a parent, a
8guardian, or an attorney present during such questioning or
9request for a statement.
10    (e) Prior to being asked any question or being requested to
11make any statement while in the presence of a police officer, a
12student must be informed that any information given in the
13presence of a police officer may result in an arrest and in the
14issuing of a summons and may be used in school discipline and
15in criminal prosecution.
16    (f) Prior to the presence of a police officer during the
17questioning of a student or of a request for a statement, the
18school principal shall approve the presence of the police
19officer during the questioning of or while making a request for
20any statement from the student.
21    (g) Prior to the presence of a police officer during the
22questioning of or while making a request for any statement from
23a student, a parent or guardian of the student must be given
24notification of the opportunity to be present during the
25questioning, except that, in the case of dangerous misconduct,
26the parent or guardian must be given notification of the

 

 

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1opportunity to be present no later than simultaneous with the
2initiation of the questioning or with the request for a
3statement.
4    (h) Except in the case of conduct that involves a
5continuing threat of harm to students or property and
6information to mitigate or eliminate the possible harm can be
7obtained by questioning, a parent, guardian, or attorney shall
8have up to 48 hours after notification to be present when a
9student is questioned or asked to make a statement in the
10presence of a police officer, and the student must not be
11questioned or asked to make a statement until the sooner of the
12presence of a parent, guardian, or attorney or 48 hours have
13elapsed after notification to the parent or guardian.
14    (i) Prior to the arrest of or the issuing of a summons to a
15student accused of misconduct in school, the school principal
16and the police officer shall consult together to discuss
17whether an arrest or issuing of a summons is necessary and in
18the best interests of the student and of the school.
19    (j) Schools shall track arrests, summonses, and
20notifications. Before July 1, 2015 and before each July 1
21thereafter, each school district shall submit to its school
22board a report with data from the preceding school year that
23includes all of the following:
24        (1) The number of notifications made by the school.
25        (2) The number of students charged for crimes committed
26    on school property.

 

 

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1        (3) The race, age, ethnicity, and disability status of
2    each student arrested or issued a summons for each charge.
3        (4) The offense for which the student, identified only
4    by his or her race, age, ethnicity, and disability status,
5    has been arrested.
6    No student's name or identifiable information other than
7the information listed in this subsection (j) may be included
8in the report. The school board shall electronically submit
9this report to the State Board of Education on or before August
101 of each year.
 
11    Section 99. Effective date. This Act takes effect July 1,
122014.