| 1 | 1 | | 89R7786 BCH-F |
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| 2 | 2 | | By: West S.B. No. 1078 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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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 searches of female inmates by the Texas |
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| 10 | 10 | | Department of Criminal Justice. |
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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. Section 501.026, Government Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | Sec. 501.026. LIMITATION ON CERTAIN SEARCHES. (a) The |
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| 15 | 15 | | department shall adopt a policy regarding a search of any room or |
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| 16 | 16 | | other area that occurs while a female inmate who is not fully |
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| 17 | 17 | | clothed is present in the room or area. The policy must: |
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| 18 | 18 | | (1) require that the search be conducted by a female |
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| 19 | 19 | | correctional officer if one is available; |
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| 20 | 20 | | (2) include staffing procedures to ensure the |
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| 21 | 21 | | availability of female officers; and |
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| 22 | 22 | | (3) provide that if it is necessary for a male |
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| 23 | 23 | | correctional officer to conduct the search, the officer must submit |
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| 24 | 24 | | a written report explaining the reasons for the search to the warden |
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| 25 | 25 | | not later than 72 hours after the search. |
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| 26 | 26 | | (b) The department shall adopt a policy regarding a search |
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| 27 | 27 | | of a female inmate who is accessing programs offered to inmates in |
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| 28 | 28 | | the custody of the department, including educational, vocational, |
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| 29 | 29 | | substance use treatment, rehabilitation, life skills training, and |
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| 30 | 30 | | prerelease programs. The policy may not permit a visual body cavity |
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| 31 | 31 | | search except in exigent circumstances or under a reasonable |
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| 32 | 32 | | suspicion that a visual body cavity search is warranted. |
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| 33 | 33 | | (c) For purposes of Subsection (b): |
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| 34 | 34 | | (1) "Exigent circumstances" means a set of temporary |
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| 35 | 35 | | and unforeseen circumstances that require immediate action in order |
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| 36 | 36 | | to combat a threat to the security or institutional order of a |
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| 37 | 37 | | facility. The term does not include routine access to programs |
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| 38 | 38 | | offered to an inmate in the custody of the department, including |
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| 39 | 39 | | educational, vocational, substance use treatment, rehabilitation, |
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| 40 | 40 | | life skills training, and prerelease programs. |
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| 41 | 41 | | (2) "Visual body cavity search" means the observation |
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| 42 | 42 | | of an inmate with all clothing removed to permit a visual inspection |
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| 43 | 43 | | of the inmate's anal or genital opening. |
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| 44 | 44 | | SECTION 2. As soon as practicable after the effective date |
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| 45 | 45 | | of this Act, the Texas Department of Criminal Justice shall adopt |
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| 46 | 46 | | the policy required by Section 501.026(b), Government Code, as |
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| 47 | 47 | | added by this Act. |
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| 48 | 48 | | SECTION 3. This Act takes effect immediately if it receives |
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| 49 | 49 | | a vote of two-thirds of all the members elected to each house, as |
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| 50 | 50 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 51 | 51 | | Act does not receive the vote necessary for immediate effect, this |
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| 52 | 52 | | Act takes effect September 1, 2025. |
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