By: Dutton, Simpson, Wu (Senate Sponsor - Burton) H.B. No. 324

(In the Senate - Received from the House April 29, 2015; May 4, 2015, read first time and referred to Committee on Criminal Justice; May 22, 2015, reported adversely, with favorable Committee Substitute by the following vote: Yeas 7, Nays 0; May 22, 2015, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR H.B. No. 324 By: Burton

A BILL TO BE ENTITLED

AN ACT

relating to a requirement that a peace officer obtain a search warrant before conducting a body cavity search during a traffic stop.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 18, Code of Criminal Procedure, is amended by adding Article 18.24 to read as follows:

Art. 18.24. BODY CAVITY SEARCH DURING TRAFFIC STOP. (a) In this article, "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.

(b) Notwithstanding any other law, a peace officer may not conduct a body cavity search of a person 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, 2015.

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