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A BILL TO BE ENTITLED
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AN ACT
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relating to certain body cavity searches conducted by a peace |
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officer. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as The Angel Law. |
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SECTION 2. Chapter 18, Code of Criminal Procedure, is |
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amended by adding Article 18.24 to read as follows: |
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Art. 18.24. BODY CAVITY SEARCH DURING INVESTIGATIVE |
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DETENTION. (a) In this article, "body cavity search" means an |
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inspection that is conducted of a person's anal or vaginal cavity in |
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any manner, including by visual inspection, digital probing, x-ray, |
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enema, or colonoscopy. |
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(b) Notwithstanding any other law and except as otherwise |
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provided by this article, a peace officer may not conduct a body |
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cavity search of a person during a period in which the officer is |
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detaining the person unless the officer first obtains a search |
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warrant pursuant to this chapter authorizing the body cavity |
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search. |
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(c) A body cavity search described by Subsection (b) must be |
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conducted: |
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(1) in a private, sanitary place; and |
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(2) in accordance with medically recognized, hygienic |
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practices. |
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(d) A peace officer who obtains protected health |
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information in the course of conducting a body cavity search under |
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this article is subject to the same confidentiality requirements |
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and penalties as a covered entity under Chapter 181, Health and |
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Safety Code. For purposes of this subsection, "protected health |
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information" has the meaning assigned by the Health Insurance |
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Portability and Accountability Act and Privacy Standards, as that |
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term is defined by Section 181.001, Health and Safety Code. |
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(e) A law enforcement agency that employs a peace officer |
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who conducts a body cavity search described by Subsection (b) is |
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liable for any medical expenses incident to the search. |
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(f) Evidence of compliance with Subsection (b) is a |
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condition precedent to the admissibility of evidence obtained by a |
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peace officer conducting a body cavity search of a person during a |
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traffic stop. |
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(g) This article does not apply to a body cavity search: |
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(1) conducted pursuant to an investigation of border |
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crime, as that term is defined by Section 772.0071, Government |
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Code; or |
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(2) conducted on a person after the person is |
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arrested, including any time during which the person is confined |
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awaiting trial or after conviction of a criminal offense. |
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SECTION 3. This Act takes effect September 1, 2015. |