By: Burrows H.B. No. 4071
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.
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. (a) In this article, "body
cavity search" means an inspection that is conducted of a person's
anal or vaginal cavity in any manner.
(b) Notwithstanding any other law, a peace officer may not
conduct a body cavity search of a person arrested or detained during
the investigation of a criminal offense unless a magistrate has
issued a search warrant pursuant to this chapter authorizing the
body cavity search.
(c) A person who is not arrested and charged with an offense
arising out of evidence obtained incident to a body cavity search
shall not be held responsible for medical expenses incident to the
body cavity search.
SECTION 2. This Act takes effect November 1, 2015.