SB 2107

Present law authorizes a school principal to order that vehicles parked on school property by students or visitors, containers, packages, lockers or other enclosures used for storage by students or visitors, and other areas accessible to students or visit ors be searched in the principal's presence or in the presence of other members of the principal's staff. Any such search may only be conducted by a school resource officer, a school security officer, or a trained school administrator. Present law requi r es that notices be posted to advise students and visitors of areas that are subject to search. Present law specifies that it does not authorize a search that violates the state and federal constitutional protections against unreasonable searches, no r does it restrict a law enforcement officer from conducting a lawful search on school property. Under present law, a student may be subject to physical search because of the results of a locker search, or because of information received from a teacher, staff member, student or other person if such action is reasonable to the principal. Any such se arch may only be conducted by a school resource officer, a school security officer, or a trained school administrator. If a student is under 18 years of age, then the principal must notify the student's parent or legal guardian within a reasonable time o f the physical search. This bill adds the following exceptions to the general requirement that searches of vehicles, containers, packages, or other enclosures be ordered by and conducted in the presence of a principal: ( 1 ) Us ing a stationary metal detector or weapons detection system, or using a handheld device designed to indicate the presence of dangerous weapons, drug paraphernalia, or drugs before any student or visitor is permitted to enter a school building or certain areas on school grounds; or ( 2 ) A secondary search based on an initial screening as described in (1). Under this bill, a secondary search of a container, package, or enclosure , as described in (2), must be conducted by a school resource officer, a school security officer, a trained school administrator, or a designated and trained school employee. A secondary physical search o f a student or an enclosure on the student's person that cannot be removed from the student and searched independently must be conducted pursuant to the present law requirements for a physical search. A secondary physical search of a visitor or an enclosure on the visitor's person that cannot be removed from the visitor and searched independently must be conducted by a s chool resource officer , s chool security officer , or s chool administrator.