Illinois General Assembly - Bill Status for HB1458

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.

Replaces everything after the enacting clause. Reinserts the contents of the bill with the following changes. Adds a school administrator as one of the persons a student must be informed that he or she has the right to have present during questioning or a request for a statement. Provides that nothing in the amendatory provisions removes the in loco parentis authority granted to teachers under the School Code. Provides that the amendatory provisions' reporting requirements must be consistent with reporting requirements already existing on the effective date of the amendatory Act and must not be duplicative. Effective July 1, 2015.

Replaces everything after the enacting clause. Reinserts the contents of the bill as amended by House Amendment No.1, with the following changes: Makes changes concerning the policy of the State and definitions. Makes changes concerning what a student must be informed about. Allows the principal's designee to approve the presence of a police officer. Provides that except for emergency situations, a police officer may not question a student or ask for the student to provide a statement until (1) the student's parent or guardian receives notification of the opportunity to be present during such questioning or request for a statement and (2) a period of at least 24 hours has passed since such notification or attempted notification to the student's parent or guardian. Provides that notification is not required if the student is 18 years of age or older or is an emancipated minor. Removes other provisions concerning notification and removes provisions concerning tracking arrests, summonses, and notifications; reporting data; and in loco parentis authority. Effective July 1, 2015.

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