Bill Text: AZ HB2183 | 2016 | Fifty-second Legislature 2nd Regular | Chaptered
Bill Title: Inmate body scans; contraband
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2016-03-17 - Chapter 39 [HB2183 Detail]
Download: Arizona-2016-HB2183-Chaptered.html
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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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CHAPTER 39
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HOUSE BILL 2183 |
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AN ACT
amending sections 13‑2505 and 32‑2811, Arizona Revised Statutes; relating to inmate contraband.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-2505, Arizona Revised Statutes, is amended to read:
13-2505. Promoting prison contraband; exceptions; x‑radiation; body scans; classification
A. A person, not otherwise authorized by law, commits promoting prison contraband:
1. By knowingly taking contraband into a correctional facility or the grounds of a correctional facility; or
2. By knowingly conveying contraband to any person confined in a correctional facility; or
3. By knowingly making, obtaining or possessing contraband while being confined in a correctional facility or while being lawfully transported or moved incident to correctional facility confinement.
B. Any person who has reasonable grounds to believe there has been a violation or attempted violation of this section shall immediately report the violation or attempted violation to the official in charge of the facility or to a peace officer.
C. Notwithstanding any law to the contrary, any person who is convicted of a violation of this section shall be is prohibited from employment being employed by this state or any of its agencies or political subdivisions until the person's civil rights have been restored pursuant to chapter 9 of this title.
D. This section does not apply to any of the following:
1. A prisoner who possesses or carries any tool, instrument or implement used by him at the direction or with the permission of prison officials.
2. Contraband located at the place where a person is on home arrest.
3. Contraband authorized by the correctional facility policies and used at the direction or with the permission of prison officials.
E. The state department of corrections or a county jail may request a licensed practitioner as defined in section 32‑2801 to order that x‑radiation be performed on any inmate if there is reason to believe the inmate is in possession of any contraband as defined in section 13‑2501.
F. The state department of corrections or a county jail, in compliance with generally accepted health and safety standards, may perform a body scan of an inmate by using low‑dose ionizing radiation without an order from a licensed practitioner to prevent any contraband from entering into a correctional facility.
F. G. Promoting prison contraband if the contraband is a deadly weapon, dangerous instrument or explosive is a class 2 felony. Promoting prison contraband if the contraband is a dangerous drug, narcotic drug or marijuana is a class 2 felony. In all other cases promoting prison contraband is a class 5 felony. Failure to report a violation or attempted violation of this section is a class 5 felony.
Sec. 2. Section 32-2811, Arizona Revised Statutes, is amended to read:
32-2811. Prohibitions and limitations; exceptions
A. No person may use ionizing radiation on a human being unless the person is a licensed practitioner or the holder of a certificate as provided in this chapter.
B. A person holding a certificate may use ionizing radiation on human beings only for diagnostic or therapeutic purposes while operating in each particular case at the direction of a licensed practitioner. The application of ionizing radiation and the direction to apply ionizing radiation are limited to those persons or parts of the human body specified in the law under which the practitioner is licensed. The provisions of the technologist's certificate govern the extent of application of ionizing radiation.
C. Nothing in the provisions of this chapter relating to technologists shall be construed to limit, enlarge or affect in any respect the practice of their respective professions by duly licensed practitioners.
D. The requirement of a certificate shall not apply to:
1. A hospital resident specializing in radiology who is not a licensed practitioner in this state or a student enrolled in and attending a school or college of medicine, osteopathy, podiatry, dentistry, naturopathy naturopathic medicine, chiropractic or radiologic technology who applies ionizing radiation to a human being while under the specific direction of a licensed practitioner.
2. A person engaged in performing the duties of a technologist in such that person's employment by an agency, bureau or division of the government of the United States.
3. Dental hygienists licensed in the state of Arizona and dental assistants holding a valid certificate in dental radiology from a course approved by the Arizona state board of dental examiners.
4. Persons providing assistance during an ionizing radiation procedure, apart from such procedures conducted in a health care institution, under the direction of a person licensed for the use of an ionizing radiation machine.
5. A person who is employed by or acting on behalf of the state department of corrections or a county jail and who uses a low‑dose ionizing radiation body scanning device to detect contraband, as defined in section 13‑2501, in or on an inmate.
E. The provisions of subsection B of this section do not apply to ionizing radiation ordered by a licensed practitioner for other than diagnostic or therapeutic purposes pursuant to section 13‑2505, subsection E.
APPROVED BY THE GOVERNOR MARCH 17, 2016.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 18, 2016.
