| 1 | 1 | | 85R25391 ADM-D |
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| 2 | 2 | | By: Dutton H.B. No. 103 |
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| 3 | 3 | | Substitute the following for H.B. No. 103: |
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| 4 | 4 | | By: King of Parker C.S.H.B. No. 103 |
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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. Article 18.24, Code of Criminal Procedure, is |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | Art. 18.24. BODY CAVITY SEARCH OF CERTAIN PERSONS [DURING |
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| 15 | 15 | | TRAFFIC STOP]. (a) In this article: |
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| 16 | 16 | | (1) "Body [, "body] cavity search" means an inspection |
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| 17 | 17 | | that is conducted of a person's anal or vaginal cavity in any |
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| 18 | 18 | | manner[, but the term does not include a pat-down]. |
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| 19 | 19 | | (2) "Penal institution" means a confinement facility |
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| 20 | 20 | | operated by or under a contract with any division of the Texas |
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| 21 | 21 | | Department of Criminal Justice, a confinement facility operated by |
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| 22 | 22 | | or under contract with the Texas Juvenile Justice Department, a |
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| 23 | 23 | | juvenile secure pre-adjudication or post-adjudication facility |
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| 24 | 24 | | operated by or under a local juvenile probation department, or a |
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| 25 | 25 | | county or municipal jail. |
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| 26 | 26 | | (3) "Place of detention" means a police station or |
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| 27 | 27 | | other building that is a place of operation for a law enforcement |
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| 28 | 28 | | agency, including a municipal police department or county sheriff's |
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| 29 | 29 | | department, and is owned or operated by the law enforcement agency |
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| 30 | 30 | | for the purpose of detaining persons in connection with the |
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| 31 | 31 | | suspected violation of a penal law. |
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| 32 | 32 | | (b) Notwithstanding any other law, a peace officer may not |
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| 33 | 33 | | conduct a body cavity search of a person other than a person |
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| 34 | 34 | | confined in or committed to a penal institution or held in a place |
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| 35 | 35 | | of detention [during a traffic stop] unless the officer first |
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| 36 | 36 | | obtains a search warrant pursuant to this chapter authorizing the |
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| 37 | 37 | | body cavity search. |
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| 38 | 38 | | SECTION 2. This Act takes effect September 1, 2017. |
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