Illinois 95th Regular Session Status: Passed Senate 1 D cosponsors

SB 2170 — SCH CD-TEACHR-CONDUCT SEARCHES

Last action — Session Sine Die

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 95th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the School Code. Provides that teachers (not just school authorities) may inspect and search places and areas owned or controlled by the school, as well as personal effects left in those places and areas by students, without notice to or the consent of the student and without a search warrant, but that school authorities and teachers must be acting on a reasonable suspicion based on professional experience and judgment in performing inspections and searches. Provides that school authorities and teachers have the authority to perform an inspection or search if the inspection or search is conducted to ensure that classrooms, school buildings, school property, and students remain free from the threat of illegal drugs, weapons, or other illegal or dangerous substances or materials. Provides that the measures used to conduct an inspection or search must be reasonably related to the inspection's or search's objectives, without being excessively intrusive in light of the student's age, sex, and the nature of the offense. Makes related changes. Effective immediately.

Bill Text

What changed in the latest version

112 added · 139 removed

Plain-language change summary

The amended bill SB 2170 allows teachers, not just school authorities, to search lockers, desks, and personal belongings on school property without notice or consent from students, as long as they have a reasonable suspicion of prohibited activities like drug use or possession of weapons. This change is significant because it expands the power of teachers to conduct searches, which raises questions about student privacy rights in schools. The bill also emphasizes that any searches must be appropriate to the situation, taking into account the student’s age and the nature of the suspected offense.

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*LRB09518757RAS44877b* SB2170 95TH GENERAL ASSEMBLY State of Illinois and 2008 SB2170 Introduced 2/14/2008, by Sen.
SB2170 Engrossed LRB095 18757 RAS 44877 b AN ACT concerning education.
Matt Murphy SYNOPSIS AS INTRODUCED:
ILCS 5/10-22.6 from Ch.
122, par.
10-22.6 ILCS 5/24-24 from Ch.
122, par.
24-24 Amends the School Code.
Provides that teachers (not just school authorities) may inspect and search places and areas owned or controlled by the school, as well as personal effects left in those places and areas by students, without notice to or the consent of the student and without a search warrant, but that school authorities and teachers must be acting on a reasonable suspicion based on professional experience and judgment in performing inspections and searches.
Provides that school authorities and teachers have the authority to perform an inspection or search if the inspection or search is conducted to ensure that classrooms, school buildings, school property, and students remain free from the threat of illegal drugs, weapons, or other illegal or dangerous substances or materials.
Provides that the measures used to conduct an inspection or search must be reasonably related to the inspection’s or search’s objectives, without being excessively intrusive in light of the student’s age, sex, and the nature of the offense.
Makes related changes.
Effective immediately.
LRB095 18757 RAS 44877 b A BILL FOR SB2170 LRB095 18757 RAS 44877 b AN ACT concerning education.
(b) To suspend or by regulation to authorize the SB2170 - 2 - LRB095 18757 RAS 44877 b superintendent of the district or the principal, assistant principal, or dean of students of any school to suspend pupils guilty of gross disobedience or misconduct, or to suspend pupils guilty of gross disobedience or misconduct on the school bus from riding the school bus, and no action shall lie against them for such suspension.
(b) To suspend or by regulation to authorize the SB2170 Engrossed - 2 - LRB095 18757 RAS 44877 b superintendent of the district or the principal, assistant principal, or dean of students of any school to suspend pupils guilty of gross disobedience or misconduct, or to suspend pupils guilty of gross disobedience or misconduct on the school bus from riding the school bus, and no action shall lie against them for such suspension.
SB2170 - 3 - LRB095 18757 RAS 44877 b (c) The Department of Human Services shall be invited to send a representative to consult with the board at such meeting whenever there is evidence that mental illness may be the cause for expulsion or suspension.
SB2170 Engrossed - 3 - LRB095 18757 RAS 44877 b (c) The Department of Human Services shall be invited to send a representative to consult with the board at such meeting whenever there is evidence that mental illness may be the cause for expulsion or suspension.
A student who is subject to suspension or expulsion as provided in this Section may be eligible for a transfer to an alternative school program SB2170 - 4 - LRB095 18757 RAS 44877 b in accordance with Article 13A of the School Code.
A student who is subject to suspension or expulsion as provided in this Section may be eligible for a transfer to an alternative school program SB2170 Engrossed - 4 - LRB095 18757 RAS 44877 b in accordance with Article 13A of the School Code.
(e) To maintain order and security in the schools, school authorities and teachers, acting on any reasonable suspicion based on professional experience and judgment, may inspect and search places and areas such as lockers, desks, parking lots, and other school property and equipment owned or controlled by the school, as well as personal effects left in those places and areas by students, without notice to or the consent of the student, and without a search warrant, if the inspection or search is conducted to ensure that classrooms, school buildings, school property, and students remain free from the threat of illegal drugs, weapons, or other dangerous substances or materials.
(e) To maintain order and security in the schools, school authorities and teachers, acting on any reasonable suspicion based on professional experience and judgment and acting within the parameters of the policies adopted by the board, may inspect and search places and areas such as lockers, desks, parking lots, and other school property and equipment owned or controlled by the school, as well as personal effects left in those places and areas by students, without notice to or the consent of the student, and without a search warrant, if the inspection or search is conducted to ensure that classrooms, school buildings, school property, and students remain free from the threat of illegal drugs, weapons, or other dangerous substances or materials.
As a matter of public policy, the General Assembly finds that students have no reasonable expectation of privacy in these places and areas or in their personal effects left in these places and areas.
As a matter of public policy, the General Assembly finds that students have no reasonable expectation of privacy in these SB2170 Engrossed - 5 - LRB095 18757 RAS 44877 b places and areas or in their personal effects left in these places and areas.
SB2170 - 5 - LRB095 18757 RAS 44877 b School authorities may request the assistance of law enforcement officials for the purpose of conducting inspections and searches of lockers, desks, parking lots, and other school property and equipment owned or controlled by the school for illegal drugs, weapons, or other illegal or dangerous substances or materials, including searches conducted through the use of specially trained dogs.
School authorities may request the assistance of law enforcement officials for the purpose of conducting inspections and searches of lockers, desks, parking lots, and other school property and equipment owned or controlled by the school for illegal drugs, weapons, or other illegal or dangerous substances or materials, including searches conducted through the use of specially trained dogs.
This policy may allow placement of the student in an alternative school program established under Article 13A of this Code, if SB2170 - 6 - LRB095 18757 RAS 44877 b available, for the remainder of the suspension or expulsion.
This policy may allow placement of the student in an alternative SB2170 Engrossed - 6 - LRB095 18757 RAS 44877 b school program established under Article 13A of this Code, if available, for the remainder of the suspension or expulsion.
As provided in and subject to the requirements of subsection (e) of Section 10-22.6 of this Code, teachers may inspect and search places and areas owned or controlled by the school, as well as personal effects left in those places and SB2170 - 7 - LRB095 18757 RAS 44877 b areas by students, without notice to or the consent of the student and without a search warrant.
As provided in and subject to the requirements of subsection (e) of Section 10-22.6 of this Code, teachers may inspect and search places and areas owned or controlled by the SB2170 Engrossed - 7 - LRB095 18757 RAS 44877 b school, as well as personal effects left in those places and areas by students, without notice to or the consent of the student and without a search warrant.
Any person who violates such rules may be denied admission to school events for not more than one year, provided that written 10 days notice of the violation is given such person and a hearing had thereon by the board pursuant to its rules and regulations.
Any person who violates such rules may be denied admission to school events for not more than one year, provided that written 10 days notice of the violation is given such person and a hearing had thereon by the board pursuant to its SB2170 Engrossed - 8 - LRB095 18757 RAS 44877 b rules and regulations.
The administration of any school may SB2170 - 8 - LRB095 18757 RAS 44877 b sign complaints as agents of the school against persons committing any offense at school events.
The administration of any school may sign complaints as agents of the school against persons committing any offense at school events.
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Action History

  1. Session Sine Die

  2. Pursuant to Senate Rule 3-9(b) / Referred to Rules

  3. Added as Chief Co-Sponsor Sen. Linda Holmes

  4. House Committee Amendment No. 1 Motion to Non-Concur Filed with Secretary Sen. Matt Murphy

  5. House Committee Amendment No. 1 Motion to Concur Referred to Rules

  6. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Matt Murphy

  7. Placed on Calendar Order of Concurrence House Amendment(s) 01-May 21, 2008

  8. Secretary's Desk - Concurrence House Amendment(s) 01

  9. Third Reading - Short Debate - Passed 084-012-002

  10. Added Alternate Chief Co-Sponsor Rep. Ed Sullivan, Jr.

  11. Added Alternate Chief Co-Sponsor Rep. Donald L. Moffitt

  12. Placed on Calendar Order of 3rd Reading - Short Debate

  13. Second Reading - Short Debate

  14. Placed on Calendar 2nd Reading - Short Debate

  15. Do Pass as Amended / Short Debate Elementary & Secondary Education Committee; 020-000-000

  16. House Committee Amendment No. 1 Adopted in Elementary & Secondary Education Committee; by Voice Vote

  17. House Committee Amendment No. 1 Filed with Clerk by Elementary & Secondary Education Committee

  18. Committee Deadline Extended-Rule 9(b) May 23, 2008

  19. Assigned to Elementary & Secondary Education Committee

  20. Referred to Rules Committee

  21. First Reading

  22. Chief House Sponsor Rep. Tom Cross

  23. Placed on Calendar Order of First Reading

  24. Arrived in House

  25. Third Reading - Passed; 053-001-000

  26. Placed on Calendar Order of 3rd Reading April 17, 2008

  27. Senate Floor Amendment No. 1 Adopted; Murphy

  28. Second Reading

  29. Senate Floor Amendment No. 1 Recommend Do Adopt Education; 009-001-000

  30. Senate Floor Amendment No. 1 Rules Refers to Education

  31. Senate Floor Amendment No. 1 Referred to Rules

  32. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Matt Murphy

  33. Placed on Calendar Order of 2nd Reading April 1, 2008

  34. Do Pass Education; 010-000-000

  35. Assigned to Education

  36. Referred to Rules

  37. First Reading

  38. Filed with Secretary by Sen. Matt Murphy

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 84 Yea · 12 Nay · 22 Other
Party YeaNayPresentNot Voting
Unaffiliated 7412019
Republican 4000
Democrat 6003
Total 8412022
% of votes cast 71%10%0%19%
How each member voted (118)
Member Party Vote
Jakobsson — Yea
Jefferies — Not Voting
Jefferson — Nay
Krause — Yea
Leitch — Yea
Lindner — Yea
McAuliffe — Yea
McCarthy — Yea
Mendoza — Yea
Reitz — Yea
Meyer — Yea
Moffitt — Yea
Molaro — Yea
Munson — Yea
Myers — Yea
Schock — Yea
McGuire — Yea
Sommer — Yea
Soto — Yea
Bradley, John — Yea
Brady — Yea
Mitchell, Bill — Yea
Sullivan — Yea
Hannig — Yea
Coladipietro — Yea
Cole — Yea
Dunn — Yea
Eddy — Yea
Flider — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Gordon — Yea
Granberg — Yea
Hassert — Yea
Hernandez — Yea
Lang — Nay
Nekritz — Nay
Osmond — Yea
Osterman — Not Voting
Phelps — Yea
Pihos — Yea
Scully — Not Voting
Harris — Nay
Howard — Nay
Tryon — Not Voting
Davis, Monique — Nay
Turner — Not Voting
Verschoore — Yea
Lyons — Not Voting
Wait — Yea
Washington — Not Voting
Winters — Yea
Yarbrough — Nay
Bradley, Richard — Not Voting
Mitchell, Jerry — Not Voting
Younge — Yea
Burke — Not Voting
Watson — Not Voting
Colvin — Not Voting
Coulson — Yea
Cross — Yea
Cultra — Yea
Currie — Nay
D'Amico — Yea
Dugan — Not Voting
Dunkin — Nay
Flowers — Nay
Golar — Nay
Graham — Not Voting
Hamos — Nay
Holbrook — Yea
Kosel — Yea
Patterson — Not Voting
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Not Voting
Saviano — Yea
Schmitz — Yea
Madigan — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Mathias — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Not Voting
Boland — Not Voting
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Durkin — Not Voting
Mulligan — Yea
Chapa LaVia — Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Not Voting
Lakesia Collins Democrat Not Voting
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Not Voting
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 53 Yea · 1 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 44104
Democrat 9000
Republican 0001
Total 53105
% of votes cast 90%2%0%8%
How each member voted (59)
Member Party Vote
Haine — Yea
Halvorson — Yea
Kotowski — Yea
Link — Yea
Meeks — Yea
Millner — Yea
Noland — Yea
Brady — Yea
Peterson — Not Voting
Schoenberg — Yea
Silverstein — Yea
Sullivan — Yea
Steans — Yea
Munoz — Yea
Trotter — Yea
Viverito — Not Voting
Wilhelmi — Yea
Cullerton — Yea
Watson — Yea
Jacobs — Yea
Jones, J. — Yea
Demuzio — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Frerichs — Yea
Garrett — Nay
Hendon — Yea
Hultgren — Yea
Pankau — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Not Voting
Lauzen — Yea
Luechtefeld — Yea
Maloney — Yea
Althoff — Not Voting
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Forby — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Not Voting

Official roll call →

Subjects

public-safety education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 2170 do?
Amends the School Code. Provides that teachers (not just school authorities) may inspect and search places and areas owned or controlled by the school, as well as personal effects left in those places and areas by students, without notice to or the consent of the student and without a search warrant, but that school authorities and teachers must be acting on a reasonable suspicion based on professional experience and judgment in performing inspections and searches. Provides that school authorities and teachers have the authority to perform an inspection or search if the inspection or search is conducted to ensure that classrooms, school buildings, school property, and students remain free from the threat of illegal drugs, weapons, or other illegal or dangerous substances or materials. Provides that the measures used to conduct an inspection or search must be reasonably related to the inspection's or search's objectives, without being excessively intrusive in light of the student's age, sex, and the nature of the offense. Makes related changes. Effective immediately.
Who sponsors SB 2170?
SB 2170 is sponsored by Laura M. Murphy (Democrat).
What is the current status of SB 2170?
This bill died with 95th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 2170?
Track SB 2170 free on One Click Politics — get push/email alerts when it moves.

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