Search & Seizure - As enacted, specifies that certain physical searches of students and searches of lockers, vehicles, and other property must be conducted by a school resource officer. - Amends TCA Title 49, Chapter 6. , the official text

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                  PUBLIC CHAPTER NO. 244

                                SENATE BILL NO. 290

                                By Bailey, Hatcher, Yager

                                Substituted for: House Bill No. 764

                                By Williams, Cepicky, Reedy, White

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 designating
the subsection as subdivision (a)(1) and adding the following to the end of the subdivision:

(2) A search conducted pursuant to this subsection (a) may only be conducted by a:

          (A) School resource officer who is acting, for the purpose of the search, as a
school official;

(B) School security officer; or

(C) School administrator who has completed training pursuant to § 49-6-4212.

          SECTION 2. Tennessee Code Annotated, Section 49-6-4204, is amended by adding the
following as a new subsection:

(e) This section does not:

          (1) Authorize a search that violates the fourth amendment to the United States
Constitution or the Constitution of Tennessee, Article I,§ 7; or

          (2) Restrict a law enforcement officer from conducting a lawful search on school
property.

          SECTION 3. Tennessee Code Annotated, Section 49-6-4205(a), is amended by designating
the subsection as subdivision (a)(1) ard adding the following to the end of the subdivision:

(2) A search conducted pursuant to this subsection (a) may only be conducted by a:

(A) School resource officer who is acting, for the purpose of the search, as a

school official;                          •

(8) School security officer; or •

(C) School administrator who has completed training pursuant to § 49-6-4212.

          (3) If a student is under eighteen (18) years of age, then the principal must notify the
student's parent or legal guardian within a reasonable time of the search.

SECTION 4. Tennessee Code Annotated, Section 49-6-4205, is amended by adding the

following as a new subsection:                            •

(c) This section does not:
SB290
                             (1) Authorize a search that violates the fourth amendment to the United States

                   Constitution or the Constitution of Tennessee, Article I,§ 7; or
                             (2) Restrict a law enforcement officer from conducting a lawful search on

                   school property.
         SECTION 5. Tennessee Code Annotated, Section 49-6-4212, is amended by deleting
subsection (a) and substituting:

                   (a)(1) The department of education shall establish and maintain an orientation and
                   training program for LEAs to inform school administrators of the rights of students
                   relative to searches.

                             (2) An LEA and a local law enforcement agency may establish and maintain
                   an orientation and training program designed to familiarize school administrators with
                   this part and with local policies and procedures for implementing and enforcing this
                   part.

                             (3) A school administrator must complete the orientation and training
                   developed by the department pursuant to subdivision (a)(1) prior to conducting a
                   search pursuant to § 49-6-4204(a)(2)(C) or§ 49-6-4205(a)(2)(C).
          SECTION 6. Section 5 of this act takes effect upon becoming a law, the public welfare
requiring it. All other sections of this act take effect July 1, 2025, the public welfare requiring it.

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         SENATE BILL NO. 290

PASSED:  April 10, 2025

         •
                                     RANDY Mc

                            SPEAKER OF THE S

                         CAMER~XTON,SPEAKER

                         HOUSE OF REPRESENTATIVES

Aer;I APPROVED this ,?_1,flJ.. day of         2025

         ~
                          BILL LEE, GOVERNOR