HP0309
LD 470
Session - 127th Maine Legislature
C "A", Filing Number H-329, Sponsored by
LR 1483
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:

Sec. 1. 22 MRSA §8108  is enacted to read:

§ 8108 Search of property

An administrator or other staff designated by an administrator of a children's home or children's residential care facility may search a resident's backpack or travel bag upon the resident's return to the home or facility if there are reasonable grounds for suspecting that the backpack or travel bag contains misappropriated articles or items that would endanger the health or safety of the resident or other residents. A search of a resident's backpack or travel bag conducted under this section must be reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the resident and the nature of the suspected misappropriated or harmful items. Following a search of a resident's backpack or travel bag authorized under this section, the administrator or designated staff may confiscate any items found in the resident's possession that are misappropriated or that pose a health or safety risk to the resident or other residents.

summary

This amendment replaces the bill. The amendment clarifies the provisions of the bill to allow an administrator or other designated staff of a children's home or children's residential care facility to search a resident's backpack or travel bag if there are reasonable grounds for suspecting that the backpack or travel bag contains misappropriated articles or items that would endanger the health or safety of the resident or other residents. The amended language better mirrors current Department of Health and Human Services rules and United States Supreme Court precedent.


Top of Page