BILL REQ. #:  S-0442.1 

Read first time 01/16/13.   Referred to Committee on Law & Justice .

     BE IT RESOLVED, BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE STATE OF WASHINGTON, IN LEGISLATIVE SESSION ASSEMBLED:
     WHEREAS, Both the federal and state Constitutions contain certain sacred protections against warrantless searches by law enforcement;
     WHEREAS, Federal and state courts have recognized certain reasonable exceptions to the warrant requirement consistent with common sense and public safety;
     WHEREAS, The supreme court of the United States recognized the "school search exception" to the warrant requirement in the due process clause of the fourth amendment of the United States Constitution in the case New Jersey v. T.L.O., 469 U.S. 325, 105 S. Ct. 733, 83 L. Ed. 2d 720 (1985). The school search exception provides that reasonable suspicion standard shall apply when school officials, including teachers, teachers' aides, school administrators, school police officers, and local police school liaison officers, conduct a search acting on their own authority of a student on school grounds;
     WHEREAS, The Washington state supreme court also recognized the school search exception as valid in Washington state under Article I, section 7 of the state Constitution. York v. Wahkiakum Sch. Dist. No. 200, 163 Wn.2d 297, 303, 178 P.3d 995 (2008) State v. McKinnon, 88 Wn.2d 75, 558 P.2d 781 (1977);
     WHEREAS, In a recent opinion, the Washington state supreme court overruled previous case law and determined that a school resource officer could no longer conduct searches of students for drugs or weapons under the school search exception. Washington v. Meneese, Case No. 86203–6, August 2, 2012;
     WHEREAS, The dissenting justices in Meneese noted that the "decision will place school personnel at greater risk of harm because it will 'encourage teachers and school officials, who generally are untrained in proper pat down procedures or in neutralizing dangerous weapons, to conduct a search of a student suspected of carrying a dangerous weapon on school grounds without the assistance of a school liaison officer.' Schools will now be dissuaded from using SROs to detect and intercept violations of school rules or the law. Instead, teachers and other school administrators who have reasonable suspicion, but lack probable cause, must conduct such searches themselves. The constitution does not demand such foolhardiness, nor is it necessarily conducive to respect for student privacy."
     THAT, At the next general election to be held in this state the secretary of state shall submit to the qualified voters of the state for their approval and ratification, or rejection, an amendment to Article I, section 7 of the Constitution of the state of Washington to read as follows:

     Article I, section 7. No person shall be disturbed in his private affairs, or his home invaded, without authority of law. Given the great importance of protecting the physical safety of students, teachers, and school personnel, a reasonable suspicion standard shall apply when school officials, including teachers, teachers' aides, school administrators, school police officers and local police school liaison officers, conduct a search acting on their own authority of a student on school grounds for the purposes of enforcing school rules and the school search exception to the warrant requirement is authorized.

     BE IT FURTHER RESOLVED, That the secretary of state shall cause notice of this constitutional amendment to be published at least four times during the four weeks next preceding the election in every legal newspaper in the state.