85R25391 ADM-D
By: Dutton H.B. No. 103
Substitute the following for H.B. No. 103:
By: King of Parker C.S.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, a
juvenile secure pre-adjudication or post-adjudication facility
operated by or under a local juvenile probation department, or a
county or municipal jail.
(3) "Place of detention" means a police station or
other building that is a place of operation for a law enforcement
agency, including a municipal police department or county sheriff's
department, and is owned or operated by the law enforcement agency
for the purpose of detaining persons in connection with the
suspected violation of a penal law.
(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 or held in a place
of detention [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.