Bill Text: IA HF227 | 2015-2016 | 86th General Assembly | Enrolled
Bill Title: A bill for an act relating to strip searches of persons at a jail or municipal holding facility. Effective 7-1-15.
Spectrum: Committee Bill
Status: (Passed) 2015-04-24 - Signed by Governor. H.J. 923. [HF227 Detail]
Download: Iowa-2015-HF227-Enrolled.html
House File 227 - Enrolled
HOUSE FILE
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HSB 33)
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A BILL FOR
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House File 227
AN ACT
RELATING TO STRIP SEARCHES OF PERSONS AT A JAIL OR MUNICIPAL
HOLDING FACILITY.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. NEW SECTION. 702.24 Visual strip search.
A "visual strip search" means having a person remove or
arrange some or all of the person's clothing so as to permit
a visual inspection of the genitalia, buttocks, anus, female
breasts, or undergarments of that person.
Sec. 2. Section 804.30, Code 2015, is amended by striking
the section and inserting in lieu thereof the following:
804.30 Strip searches and visual strip searches of persons
arrested for scheduled violations or simple misdemeanors.
1. a. A person arrested for a simple misdemeanor who is
housed in the general population of a county jail or municipal
holding facility may be subject to a visual strip search. Such
a person may be subject to a strip search if there is probable
cause to believe that the person is concealing a weapon or
contraband and written authorization of the supervisor on duty
is obtained.
b. (1) A person arrested for a simple misdemeanor who
is not housed in the general population of a county jail or
municipal holding facility shall not be subjected to either a
strip search or a visual strip search unless there is probable
cause to believe that the person is concealing a weapon or
contraband and written authorization of the supervisor on duty
is obtained.
(2) A person arrested for a scheduled violation who is not
housed in the general population of a county jail or municipal
holding facility shall not be subject to either a strip search
or a visual strip search unless there is probable cause to
believe that the person is concealing a weapon or contraband,
and a search warrant is obtained.
c. A strip search conducted pursuant to this section that
involves the physical probing of a body cavity, other than the
mouth, ears, or nose, shall require a search warrant and shall
only be performed by a licensed physician unless voluntarily
waived in writing by the arrested person.
2. Any person arrested for a scheduled violation or a simple
misdemeanor may be subjected to a search probing the mouth,
ears, or nose.
3. All searches conducted pursuant to this section shall be
performed under sanitary conditions.
4. All searches conducted pursuant to this section, except
for the probing of the mouth, ears, or nose, shall be conducted
in a place where the search cannot be observed by persons not
conducting the search.
5. All searches conducted pursuant to this section shall be
conducted by a person of the same sex as the arrested person,
except for the probing of the mouth, ears, or nose, unless the
search is conducted by a physician.
6. Subsequent to a strip search pursuant to this section,
a written report shall be prepared which includes the written
authorization required by this section, the name of the person
subjected to the search, the names of the persons conducting
the search, the time, date, and place of the search, and a copy
of the search warrant, if applicable authorizing the search. A
copy of the report shall be provided to the person searched.
KRAIG PAULSEN
Speaker of the House
PAM JOCHUM
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 227, Eighty=sixth General Assembly.
CARMINE BOAL
Chief Clerk of the House
Approved , 2015
TERRY E. BRANSTAD
Governor
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