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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. Article 18.24, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 18.24. BODY CAVITY SEARCH OF CERTAIN PERSONS [DURING
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TRAFFIC STOP]. (a) In this article: |
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(1) "Body [, "body] cavity search" means an inspection |
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that is conducted of a person's anal or vaginal cavity in any |
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manner[, but the term does not include a pat-down]. |
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(2) "Penal institution" means a confinement facility |
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operated by or under a contract with any division of the Texas |
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Department of Criminal Justice, a confinement facility operated by |
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or under contract with the Texas Juvenile Justice Department, a |
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juvenile secure pre-adjudication or post-adjudication facility |
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operated by or under a local juvenile probation department, or a |
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county or municipal jail. |
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(3) "Place of detention" means a police station or |
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other building that is a place of operation for a law enforcement |
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agency, including a municipal police department or county sheriff's |
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department, and is owned or operated by the law enforcement agency |
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for the purpose of detaining persons in connection with the |
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suspected violation of a penal law. |
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(b) Notwithstanding any other law, a peace officer may not |
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conduct a body cavity search of a person other than a person |
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confined in or committed to a penal institution or held in a place |
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of detention [during a traffic stop] unless the officer first |
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obtains a search warrant pursuant to this chapter authorizing the |
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body cavity search. |
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SECTION 2. This Act takes effect September 1, 2017. |