Bill Text: MI SB0958 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Criminal procedure; arrests; strip search; eliminate "reasonable cause" requirement for conducting under certain circumstances. Amends sec. 25a, ch. IV of 1927 PA 175 (MCL 764.25a).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-05-27 - Referred To Committee On Judiciary [SB0958 Detail]
Download: Michigan-2013-SB0958-Introduced.html
SENATE BILL No. 958
May 27, 2014, Introduced by Senator JONES and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 25a of chapter IV (MCL 764.25a), as amended by
1999 PA 65.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IV
Sec. 25a. (1) As used in this section, "strip search" means a
search which requires a person to remove his or her clothing to
expose underclothing, breasts, buttocks, or genitalia.
(2) A person arrested or detained for a misdemeanor offense,
or an offense which is punishable only by a civil fine shall not be
strip searched unless both of the following occur:
(a) The person arrested is being lodged into a detention
facility
by order of a court. or there is reasonable cause to
believe
that the person is concealing a weapon, a controlled
substance,
or evidence of a crime.
(b) The strip search is conducted by a person who has obtained
prior written authorization from the chief law enforcement officer
of the law enforcement agency conducting the strip search, or from
that officer's designee; or if the strip search is conducted upon a
minor
in a juvenile detention facility which that is not operated
by a law enforcement agency, the strip search is conducted by a
person who has obtained prior written authorization from the chief
administrative officer of that facility, or from that officer's
designee.
(3) A strip search conducted under this section shall be
performed by a person of the same sex as the person being searched
and shall be performed in a place that prevents the search from
being observed by a person not conducting or necessary to assist
with the search. A law enforcement officer who assists in the strip
search shall be of the same sex as the person being searched.
(4) If a strip search is conducted under this section, the
arresting officer shall prepare a report of the strip search. The
report shall include the following information:
(a) The name and sex of the person subjected to the strip
search.
(b) The name and sex of the person conducting the strip
search.
(c) The name and sex of a person who assists in conducting the
strip search.
(d) The time, date, and place of the strip search.
(e) The justification for conducting a strip search.
(f) A list of all items recovered from the person who was
strip searched.
(g) A copy of the written authorization required under
subsection (2)(b), if applicable.
(5) A copy of the report required by subsection (4) shall be
given without cost to the person who has been searched, subject to
deletions permitted by section 13 of the freedom of information
act, 1976 PA 442, MCL 15.243.
(6) A law enforcement officer, any employee of the law
enforcement agency, or a chief administrative officer or employee
of a juvenile detention facility who conducts or authorizes a strip
search in violation of this section is guilty of a misdemeanor.
(7)
This section shall does not apply to the strip search of a
person lodged in a detention facility by an order of a court or in
a state correctional facility housing prisoners under the
jurisdiction of the department of corrections, including a youth
correctional facility operated by the department of corrections or
a private vendor under section 20g of the corrections code of 1953,
1953 PA 232, MCL 791.220g.
