1590                                    LAWS OF MARYLAND                               Ch. 759

THIS SECTION.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take
effect [[for all actions instituted in court on or after 11 July I, 1973.

Approved May 24, 1973.

CHAPTER 759
(House Bill 250)

AN ACT to add new Section 96A to Article 77 of the Annotated Code of
Maryland (1969 Replacement Volume and 1972 Supplement), title "Public
Education," subtitle "Chapter 6. The Public Schools," to follow immediately
after Section 96 thereof, to provide that school principals, [[or agents,]]
assistant principals or authorized security officers may search students under
certain circumstances and may search any part of the physical plant of the
school [[, to provide for an immunity from tort liability for this action ]] under
certain circumstances, and to provide for rules and regulations to be generated
and promulgated thereto, and generally relating thereto.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Section 96A be and it is hereby added to Article 77 of
the Annotated Code of Maryland (1969 Replacement Volume and 1972
Supplement), title "Public Education," subtitle "Chapter 6. The Public Schools,"
to follow immediately after Section 96 thereof, and to read as follows:

96A.

[[(A) EVERY PRINCIPAL OR HIS AUTHORIZED AGENT OF A
PUBLIC SCHOOL MAY CONDUCT A REASONABLE SEARCH OF A
STUDENT IF THE PRINCIPAL HAS A REASONABLE BELIEF THAT
THE STUDENT HAS IN HIS POSSESSION ITEMS, THE POSSESSION OF
WHICH CONSTITUTE A CRIMINAL OFFENSE UNDER THE LAWS OF
THIS STATE.

(B)  EVERY PRINCIPAL OR HIS AUTHORIZED AGENT OF A PUBLIC
SCHOOL MAY CONDUCT A SEARCH OF THE PHYSICAL PLANT OF
THE SCHOOL AND EVERY APPURTENANCE THEREOF. THIS SHALL
BE CONSTRUED TO INCLUDE ANY LOCKERS OR SIMILAR PLACES
REGARDLESS OF ASSIGNMENT TO PUPILS OR OTHER PERSONS.

(C)  NO PRINCIPAL OR PERSON ACTING UNDER HIS AUTHORITY
CONDUCTING A SEARCH PURSUANT TO THIS SECTION 96A IS
LIABLE TO ANY PERSON FOR DAMAGES AS A RESULT OF THE
SEARCH. ]]

(A) EVERY PRINCIPAL. ASSISTANT PRINCIPAL OR AUTHORIZED
SECURITY OFFICER OF A PUBLIC SCHOOL MAY CONDUCT A
REASONABLE SEARCH OF A STUDENT ON THE SCHOOL PREMISES
IF HE HAS PROBABLE CAUSE TO BELIEVE THAT THE STUDENT HAS
IN HIS POSSESSION AN ITEM, THE POSSESSION OF WHICH
CONSTITUTES A CRIMINAL OFFENSE UNDER THE LAWS OF THIS
STATE. THE SEARCH MUST BE MADE IN THE PRESENCE OF A
THIRD PARTY.