| 1 | 1 | | 84R26744 ADM-F |
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| 2 | 2 | | By: Burrows, Simpson H.B. No. 4071 |
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| 3 | 3 | | Substitute the following for H.B. No. 4071: |
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| 4 | 4 | | By: Herrero C.S.H.B. No. 4071 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to certain body cavity searches conducted by a peace |
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| 10 | 10 | | officer. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. This Act may be cited as The Angel Law. |
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| 13 | 13 | | SECTION 2. Chapter 18, Code of Criminal Procedure, is |
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| 14 | 14 | | amended by adding Article 18.24 to read as follows: |
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| 15 | 15 | | Art. 18.24. BODY CAVITY SEARCH DURING INVESTIGATIVE |
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| 16 | 16 | | DETENTION. (a) In this article, "body cavity search" means an |
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| 17 | 17 | | inspection that is conducted of a person's anal or vaginal cavity in |
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| 18 | 18 | | any manner, including by visual inspection, digital probing, x-ray, |
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| 19 | 19 | | enema, or colonoscopy. |
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| 20 | 20 | | (b) Notwithstanding any other law and except as otherwise |
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| 21 | 21 | | provided by this article, a peace officer may not conduct a body |
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| 22 | 22 | | cavity search of a person during a period in which the officer is |
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| 23 | 23 | | detaining the person unless the officer first obtains a search |
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| 24 | 24 | | warrant pursuant to this chapter authorizing the body cavity |
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| 25 | 25 | | search. |
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| 26 | 26 | | (c) A body cavity search described by Subsection (b) must be |
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| 27 | 27 | | conducted: |
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| 28 | 28 | | (1) in a private, sanitary place; and |
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| 29 | 29 | | (2) in accordance with medically recognized, hygienic |
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| 30 | 30 | | practices. |
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| 31 | 31 | | (d) A peace officer who obtains protected health |
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| 32 | 32 | | information in the course of conducting a body cavity search under |
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| 33 | 33 | | this article is subject to the same confidentiality requirements |
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| 34 | 34 | | and penalties as a covered entity under Chapter 181, Health and |
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| 35 | 35 | | Safety Code. For purposes of this subsection, "protected health |
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| 36 | 36 | | information" has the meaning assigned by the Health Insurance |
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| 37 | 37 | | Portability and Accountability Act and Privacy Standards, as that |
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| 38 | 38 | | term is defined by Section 181.001, Health and Safety Code. |
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| 39 | 39 | | (e) A law enforcement agency that employs a peace officer |
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| 40 | 40 | | who conducts a body cavity search described by Subsection (b) is |
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| 41 | 41 | | liable for any medical expenses incident to the search. |
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| 42 | 42 | | (f) Evidence of compliance with Subsection (b) is a |
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| 43 | 43 | | condition precedent to the admissibility of evidence obtained by a |
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| 44 | 44 | | peace officer conducting a body cavity search of a person during a |
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| 45 | 45 | | traffic stop. |
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| 46 | 46 | | (g) This article does not apply to a body cavity search: |
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| 47 | 47 | | (1) conducted pursuant to an investigation of border |
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| 48 | 48 | | crime, as that term is defined by Section 772.0071, Government |
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| 49 | 49 | | Code; or |
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| 50 | 50 | | (2) conducted on a person after the person is |
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| 51 | 51 | | arrested, including any time during which the person is confined |
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| 52 | 52 | | awaiting trial or after conviction of a criminal offense. |
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| 53 | 53 | | SECTION 3. This Act takes effect September 1, 2015. |
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