1| HOUSE OF REPRESENTATIVES - FLOOR VERSION |
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2| STATE OF OKLAHOMA |
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3| 1st Session of the 59th Legislature (2023) |
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4|COMMITTEE SUBSTITUTE |
|FOR |
5|HOUSE BILL NO. 1634 By: Staires and Davis |
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8| COMMITTEE SUBSTITUTE |
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9| An Act relating to schools; amending 70 O.S. 2021, |
| Section 24-102, which relates to student searches; |
10| updating statutory language and references; allowing |
| for search of shoes and hand and head coverings; of |
11| students; providing an exception for religious head |
| coverings; and providing an effective date. |
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15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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16| SECTION 1. AMENDATORY 70 O.S. 2021, Section 24-102, is |
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17|amended to read as follows: |
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18| Section 24-102. A. The superintendent, principal, teacher, or |
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19|security personnel of any public school in the State of Oklahoma, |
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20|upon reasonable suspicion, shall have the authority to detain and |
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21|search or authorize the search, of any pupil or property in the |
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22|possession of the pupil when said the pupil is on any school |
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23|premises, or while in transit under the authority of the school, or |
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24|while attending any function sponsored or authorized by the school, |
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1|for dangerous weapons, controlled dangerous substances, as defined |
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2|in the Uniform Controlled Dangerous Substances Act, intoxicating |
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3|alcoholic beverages, low-point beer, as defined by Section 163.2 of |
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4|Title 37 of the Oklahoma Statutes in the Oklahoma Alcoholic Beverage |
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5|Control Act, or for missing or stolen property if said the property |
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6|be is reasonably suspected to have been taken from a pupil, a school |
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7|employee or the school during school activities. The search shall |
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8|be conducted by a person of the same sex as the person being |
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9|searched and shall be witnessed by at least one other authorized |
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10|person, said person to be of the same sex if practicable. |
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11| B. The extent of any search conducted pursuant to this section |
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12|shall be reasonably related to the objective of the search and not |
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13|excessively intrusive in light of the age and sex of the student and |
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14|the nature of the infraction. In no event shall a strip search of a |
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15|student be allowed. No student's clothing, except cold weather |
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16|outerwear, shoes, and hand and head coverings, except religious head |
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17|coverings, shall be removed prior to or during the conduct of any |
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18|warrantless search. |
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19| C. The superintendent, principal, teacher, or security |
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20|personnel searching or authorizing the search shall have authority |
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21|to detain the pupil to be searched and to preserve any dangerous |
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22|weapons, controlled dangerous substances, intoxicating alcoholic |
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23|beverages, low-point beer, or missing or stolen property that might |
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24|be in the pupil's possession including the authority to authorize |
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1|any other persons they deem necessary to restrain such pupil or to |
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2|preserve any dangerous weapons, controlled dangerous substances, |
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3|intoxicating alcoholic beverages, low-point beer, or missing or |
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4|stolen property. Students found to be in possession of such an item |
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5|shall be subject to the provisions of Section 24-101.3 of this |
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6|title. |
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7| D. Pupils shall not have any reasonable expectation of privacy |
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8|towards school administrators or teachers in the contents of a |
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9|school locker, desk, or other school property. School personnel |
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10|shall have access to school lockers, desks, and other school |
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11|property in order to properly supervise the welfare of pupils. |
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12|School lockers, desks, and other areas of school facilities may be |
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13|opened and examined by school officials at any time and no reason |
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14|shall be necessary for such search. Schools shall inform pupils in |
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15|the student discipline code that they have no reasonable expectation |
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16|of privacy rights towards school officials in school lockers, desks, |
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17|or other school property. |
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18| SECTION 2. This act shall become effective November 1, 2023. |
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20|COMMITTEE REPORT BY: COMMITTEE ON COMMON EDUCATION, dated 02/16/2023 |
|- DO PASS, As Amended and Coauthored. |
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