| 1 | 1 | | |
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| 2 | 2 | | SENATE BILL 290 |
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| 3 | 3 | | By Bailey |
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| 4 | 4 | | |
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| 5 | 5 | | HOUSE BILL 764 |
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| 6 | 6 | | By Williams |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | HB0764 |
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| 10 | 10 | | 001024 |
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| 11 | 11 | | - 1 - |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 49, |
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| 14 | 14 | | Chapter 6, relative to searches on school property. |
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| 15 | 15 | | |
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| 16 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 17 | 17 | | SECTION 1. Tennessee Code Annotated, Section 49-6-4204(a), is amended by adding |
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| 18 | 18 | | the following to the end of the subsection: |
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| 19 | 19 | | A search conducted pursuant to this subsection (a) may only be conducted by a |
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| 20 | 20 | | school resource officer who is acting, for the purpose of the search, as a school |
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| 21 | 21 | | official. |
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| 22 | 22 | | SECTION 2. Tennessee Code Annotated, Section 49-6-4204, is amended by adding |
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| 23 | 23 | | the following as a new subsection: |
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| 24 | 24 | | (e) This section does not authorize a search that violates the fourth amendment |
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| 25 | 25 | | to the United States Constitution or the Constitution of Tennessee, Article I, § 7. |
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| 26 | 26 | | SECTION 3. Tennessee Code Annotated, Section 49-6-4205(a), is amended by adding |
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| 27 | 27 | | the following to the end of the subsection: |
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| 28 | 28 | | A searched conducted pursuant to this subsection (a) may only be conducted by |
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| 29 | 29 | | a school resource officer who is acting, for the purpose of the search, as a school |
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| 30 | 30 | | official. If a student is under eighteen (18) years of age, then the principal must |
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| 31 | 31 | | notify the student's parent or legal guardian of the need to conduct a physical |
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| 32 | 32 | | search of the student and receive the consent of the student's parent or legal |
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| 33 | 33 | | guardian to conduct the search. |
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| 34 | 34 | | SECTION 4. Tennessee Code Annotated, Section 49-6-4205, is amended by adding |
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| 35 | 35 | | the following as a new subsection: |
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| 36 | 36 | | |
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| 37 | 37 | | |
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| 38 | 38 | | - 2 - 001024 |
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| 39 | 39 | | |
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| 40 | 40 | | (c) This section does not authorize a search that violates the fourth amendment |
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| 41 | 41 | | to the United States Constitution or the Constitution of Tennessee, Article I, § 7. |
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| 42 | 42 | | SECTION 5. This act takes effect upon becoming a law, the public welfare requiring it. |
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