SENATE BILL 290 By Bailey HOUSE BILL 764 By Williams HB0764 001024 - 1 - AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 6, relative to searches on school property. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. Tennessee Code Annotated, Section 49-6-4204(a), is amended by adding the following to the end of the subsection: A search conducted pursuant to this subsection (a) may only be conducted by a school resource officer who is acting, for the purpose of the search, as a school official. SECTION 2. Tennessee Code Annotated, Section 49-6-4204, is amended by adding the following as a new subsection: (e) This section does not authorize a search that violates the fourth amendment to the United States Constitution or the Constitution of Tennessee, Article I, § 7. SECTION 3. Tennessee Code Annotated, Section 49-6-4205(a), is amended by adding the following to the end of the subsection: A searched conducted pursuant to this subsection (a) may only be conducted by a school resource officer who is acting, for the purpose of the search, as a school official. If a student is under eighteen (18) years of age, then the principal must notify the student's parent or legal guardian of the need to conduct a physical search of the student and receive the consent of the student's parent or legal guardian to conduct the search. SECTION 4. Tennessee Code Annotated, Section 49-6-4205, is amended by adding the following as a new subsection: - 2 - 001024 (c) This section does not authorize a search that violates the fourth amendment to the United States Constitution or the Constitution of Tennessee, Article I, § 7. SECTION 5. This act takes effect upon becoming a law, the public welfare requiring it.