89R7786 BCH-F
By: West S.B. No. 1078
A BILL TO BE ENTITLED
AN ACT
relating to certain searches of female inmates by the Texas
Department of Criminal Justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 501.026, Government Code, is amended to
read as follows:
Sec. 501.026. LIMITATION ON CERTAIN SEARCHES. (a) The
department shall adopt a policy regarding a search of any room or
other area that occurs while a female inmate who is not fully
clothed is present in the room or area. The policy must:
(1) require that the search be conducted by a female
correctional officer if one is available;
(2) include staffing procedures to ensure the
availability of female officers; and
(3) provide that if it is necessary for a male
correctional officer to conduct the search, the officer must submit
a written report explaining the reasons for the search to the warden
not later than 72 hours after the search.
(b) The department shall adopt a policy regarding a search
of a female inmate who is accessing programs offered to inmates in
the custody of the department, including educational, vocational,
substance use treatment, rehabilitation, life skills training, and
prerelease programs. The policy may not permit a visual body cavity
search except in exigent circumstances or under a reasonable
suspicion that a visual body cavity search is warranted.
(c) For purposes of Subsection (b):
(1) "Exigent circumstances" means a set of temporary
and unforeseen circumstances that require immediate action in order
to combat a threat to the security or institutional order of a
facility. The term does not include routine access to programs
offered to an inmate in the custody of the department, including
educational, vocational, substance use treatment, rehabilitation,
life skills training, and prerelease programs.
(2) "Visual body cavity search" means the observation
of an inmate with all clothing removed to permit a visual inspection
of the inmate's anal or genital opening.
SECTION 2. As soon as practicable after the effective date
of this Act, the Texas Department of Criminal Justice shall adopt
the policy required by Section 501.026(b), Government Code, as
added by this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.