By: Dutton, Simpson, Wu (Senate Sponsor - Burton) H.B. No. 324
(In the Senate - Received from the House April 29, 2015;
May 4, 2015, read first time and referred to Committee on Criminal
Justice; May 22, 2015, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
May 22, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 324 By: Burton
A BILL TO BE ENTITLED
AN ACT
relating to a requirement that a peace officer obtain a search
warrant before conducting a body cavity search during a traffic
stop.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 18, Code of Criminal Procedure, is
amended by adding Article 18.24 to read as follows:
Art. 18.24. BODY CAVITY SEARCH DURING TRAFFIC STOP. (a) In
this article, "body cavity search" means an inspection that is
conducted of a person's anal or vaginal cavity in any manner, but
the term does not include a pat-down.
(b) Notwithstanding any other law, a peace officer may not
conduct a body cavity search of a person during a traffic stop
unless the officer first obtains a search warrant pursuant to this
chapter authorizing the body cavity search.
SECTION 2. This Act takes effect September 1, 2015.
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