South Carolina General Assembly
110th Session, 1993-1994

Bill 3442


                    Current Status
Introducing Body:               House
Bill Number:                    3442
Ratification Number:            418
Act Number:                     373
Primary Sponsor:                Cromer
Type of Legislation:            GB
Subject:                        School administrators may
                                conduct searches
Date Bill Passed both Bodies:   19940419
Computer Document Number:       BBM/10209JM.93
Governor's Action:              S
Date of Governor's Action:      19940503
Introduced Date:                19930210
Date of Last Amendment:         19940414
Last History Body:              ------
Last History Date:              19940503
Last History Type:              Act No. 373
Scope of Legislation:           Statewide
All Sponsors:                   Cromer
Type of Legislation:            General Bill

History

Bill   Body    Date          Action Description              CMN  Leg Involved
----   ------  ------------  ------------------------------  ---  ------------
3442   ------  19940503      Act No. 373
3442   ------  19940503      Signed by Governor
3442   ------  19940427      Ratified R 418
3442   House   19940419      Concurred in Senate
                             amendment, enrolled for
                             ratification
3442   Senate  19940414      Amended, read third time,
                             returned to House with
                             amendments
3442   Senate  19940331      Read second time, notice of
                             general amendments on third
                             reading, carrying over all
                             amendments to third reading,
                             with the Bill retaining
                             status of adjourned debate
3442   Senate  19940330      Amended, debate adjourned,
                             with Senator Mitchell
                             retaining the floor
3442   Senate  19940217      Made Special Order
3442   Senate  19940210      Committee Report: Favorable     04
                             with amendment
3442   Senate  19930420      Introduced, read first time,    04
                             referred to Committee
3442   House   19930415      Read third time, sent to
                             Senate
3442   House   19930414      Amended, read second time
3442   House   19930407      Committee Report: Favorable     25
                             with amendment
3442   House   19930210      Introduced, read first time,    25
                             referred to Committee
View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A373, R418, H3442)

AN ACT TO PROVIDE THAT ANY PERSON ENTERING THE PREMISES OF ANY SCHOOL IN THIS STATE SHALL BE DEEMED TO HAVE CONSENTED TO A REASONABLE SEARCH OF HIS PERSON AND EFFECTS; TO PROVIDE THAT SCHOOL ADMINISTRATORS AND OFFICIALS MAY CONDUCT REASONABLE SEARCHES ON SCHOOL PROPERTY OF LOCKERS, DESKS, VEHICLES, AND PERSONAL BELONGINGS SUCH AS PURSES, BOOKBAGS, WALLETS, AND SATCHELS WITH OR WITHOUT PROBABLE CAUSE; TO PROVIDE THAT SCHOOL PRINCIPALS OR THEIR DESIGNEES MAY CONDUCT REASONABLE SEARCHES OF THE PERSON AND PROPERTY OF VISITORS ON SCHOOL PREMISES; TO PROHIBIT A SCHOOL ADMINISTRATOR OR OFFICIAL FROM CONDUCTING A STRIP SEARCH; TO PROVIDE THAT ALL SEARCHES CONDUCTED UNDER THIS ACT MUST COMPLY FULLY WITH THE "REASONABLENESS STANDARD" SET FORTH IN NEW JERSEY V. T.L.O. AND THAT ALL SCHOOL ADMINISTRATORS MUST RECEIVE TRAINING IN THE "REASONABLENESS STANDARD" UNDER EXISTING CASE LAW AND IN DISTRICT PROCEDURES ESTABLISHED TO BE FOLLOWED IN CONDUCTING SEARCHES OF PERSONS ENTERING THE SCHOOL PREMISES AND OF THE STUDENTS ATTENDING THE SCHOOL; AND TO REQUIRE THAT NOTICE BE CONSPICUOUSLY POSTED ON SCHOOL PROPERTY INFORMING PERSONS OF THE PROVISIONS OF THIS ACT, PROVIDE FOR WHERE THE NOTICE MUST BE POSTED, PROVIDE THAT THE COSTS OF POSTING THE NOTICE MUST BE PAID BY THE STATE, PROVIDE THAT NO SCHOOL OR SCHOOL DISTRICT SHALL BE REQUIRED TO INCUR ANY FINANCIAL OBLIGATION FOR COMPLYING WITH THESE NOTICE REQUIREMENTS, AND PROVIDE THAT FAILURE TO POST THE NOTICE SHALL NOT CONSTITUTE A DEFENSE TO ANY CIVIL ACTION OR CRIMINAL PROSECUTION AND SHALL NOT CONSTITUTE GROUNDS FOR ANY LEGAL LIABILITY.

Be it enacted by the General Assembly of the State of South Carolina:

Consent to search

SECTION 1. Any person entering the premises of any school in this State shall be deemed to have consented to a reasonable search of his person and effects.

Searches by school administrators, officials

SECTION 2. Notwithstanding any other provision of law, school administrators and officials may conduct reasonable searches on school property of lockers, desks, vehicles, and personal belongings such as purses, bookbags, wallets, and satchels with or without probable cause.

Searches by principals

SECTION 3. Notwithstanding any other provision of law, school principals or their designees may conduct reasonable searches of the person and property of visitors on school premises.

Strip searches prohibited

SECTION 4. No school administrator or official may conduct a strip search.

Compliance with case law; training; etc.

SECTION 5. Notwithstanding any other provision of this act, all searches conducted pursuant to this act must comply fully with the "reasonableness standard" set forth in New Jersey v. T.L.O., 469 U.S. 328 (1985). All school administrators must receive training in the "reasonableness standard" under existing case law and in district procedures established to be followed in conducting searches of persons entering the school premises and of the students attending the school.

Notice; costs; etc.

SECTION 6. Notice must be conspicuously posted on school property informing the provisions of this act.

The notice must be posted at least at all regular entrances and any other access point to the school grounds.

The costs of posting the notice required by this section must be paid by the State. No school or school district shall be required to incur any financial obligation for complying with the notice requirements contained in this section. The failure to post the notice provided in this section shall not constitute a defense to any civil action or criminal prosecution and shall not constitute grounds for any legal liability.

Time effective

SECTION 7. This act takes effect upon approval by the Governor.

Approved the 3rd day of May, 1994.