Texas House Bill HB103

Texas 2017 - 85th Regular

• Filed: 11/14/16

Caption

Relating to certain body cavity searches conducted by a peace officer.

Impact

The bill's impact on state laws is significant, as it places stricter controls on the authority of peace officers concerning sensitive searches. By requiring a search warrant for body cavity searches, the legislation aims to enhance the protection of individual rights during law enforcement operations. This change is particularly important in light of concerns over privacy and the potential for abuse in the exercise of police powers.

Summary

House Bill 103 seeks to regulate the conduct of body cavity searches by peace officers. The bill amends Article 18.24 of the Code of Criminal Procedure to state that a body cavity search, defined specifically as an inspection conducted of a person's anal or vaginal cavity, is only permissible under certain conditions. Notably, the proposal stipulates that peace officers cannot carry out such searches on individuals who are not confined in a penal institution or held in a place of detention unless the officer first acquires a search warrant authorizing the procedure.

Sentiment

The sentiment around HB103 appears to be geared towards maintaining civil liberties, with proponents advocating for stronger protections against invasive law enforcement actions. Support for the bill is likely influenced by ongoing discussions around police overreach and the need for accountability in law enforcement practices. Opponents may argue that such regulations could hinder law enforcement’s ability to effectively manage certain situations, although specific opposition was not detailed in the available documents.

Contention

Notable points of contention may arise concerning the balance between law enforcement efficacy and individual rights. Critics who value law enforcement flexibility may question the practicality of requiring warrants for body cavity searches, possibly seeing it as an impediment during urgent situations. As the bill moves through the legislative process, it is expected to provoke discussions around the implications of such searches on public safety and the safeguarding of personal privacy.