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
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 CommitteeView additional legislative information at the LPITS web site.
(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.