85R2218 ADM-D
By: Dutton H.B. No. 103
A BILL TO BE ENTITLED
AN ACT
relating to certain body cavity searches conducted by a peace
officer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 18.24, Code of Criminal Procedure, is
amended to read as follows:
Art. 18.24. BODY CAVITY SEARCH OF CERTAIN PERSONS [DURING
TRAFFIC STOP]. (a) In this article:
(1) "Body [, "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].
(2) "Penal institution" means a confinement facility
operated by or under a contract with any division of the Texas
Department of Criminal Justice, a confinement facility operated by
or under contract with the Texas Juvenile Justice Department, or a
juvenile secure pre-adjudication or post-adjudication facility
operated by or under a local juvenile probation department, or a
county jail.
(b) Notwithstanding any other law, a peace officer may not
conduct a body cavity search of a person other than a person
confined in or committed to a penal institution [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, 2017.