Bill Text: IA HF2304 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act regulating the use of pat-down searches and whole-body scanners, providing penalties, and including effective date and implementation provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-15 - Subcommittee, Baudler, Kressig, and Tjepkes. H.J. 279. [HF2304 Detail]
Download: Iowa-2011-HF2304-Introduced.html
House
File
2304
-
Introduced
HOUSE
FILE
2304
BY
PEARSON
A
BILL
FOR
An
Act
regulating
the
use
of
pat-down
searches
and
whole-body
1
scanners,
providing
penalties,
and
including
effective
date
2
and
implementation
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
321N.1
Definitions.
1
As
used
in
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“Governmental
subdivision”
means
any
county
or
city
4
of
this
state,
or
any
other
political
subdivision,
public
5
corporation,
authority,
or
district
in
this
state
which
is
or
6
may
be
authorized
by
law
to
acquire,
establish,
construct,
7
maintain,
improve,
or
operate
landing
areas,
airports,
air
8
navigation
facilities,
or
other
governmental
facilities.
For
9
purposes
of
this
subsection,
“landing
area”
,
“airport”
,
and
“air
10
navigation
facility”
mean
the
same
as
defined
in
section
328.1.
11
2.
“Pat-down
search”
means
a
physical
search
of
a
person
12
where
the
outer
clothing
of
the
person
is
patted
by
the
palm
13
or
the
back
of
the
hand
when
there
is
reasonable
suspicion
the
14
person
may
possess
a
prohibited
dangerous
weapon,
destructive
15
device,
or
material.
16
3.
“Whole-body
scanner”
means
a
device
used
to
detect
17
objects
carried
on
the
body
that
uses
backscatter
X
rays
or
18
millimeter
waves
to
create
a
visual
image
of
a
person’s
full
19
body
showing
the
surface
of
the
skin.
20
Sec.
2.
NEW
SECTION
.
321N.2
Whole-body
scanner
use.
21
1.
A
governmental
subdivision
shall
not
use
a
whole-body
22
scanner
as
the
sole
or
primary
method
of
screening
a
person
23
at
a
governmental
subdivision
facility.
A
governmental
24
subdivision
shall
not
use
a
whole-body
scanner
to
screen
25
any
person
unless
another
method
of
screening
demonstrates
26
reasonable
cause
to
use
a
whole-body
scanner.
27
2.
a.
If
another
method
of
screening
demonstrates
28
reasonable
cause
to
use
a
whole-body
scanner
pursuant
to
29
subsection
1,
the
person
subject
to
the
whole-body
scanner
30
screening
shall
be
provided
information
about
the
whole-body
31
scanner
including
the
privacy
policies
relating
to
the
visual
32
image
generated
by
the
scanner.
33
b.
After
information
has
been
provided
to
the
person
34
subject
to
a
whole-body
scanner
screening
under
paragraph
“a”
,
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the
person
shall
be
offered
a
pat-down
search
in
lieu
of
a
1
whole-body
scanner
screening.
2
c.
If
the
person
does
not
agree
to
a
pat-down
search
3
pursuant
to
paragraph
“b”
,
the
governmental
subdivision
may
4
require
the
person
to
be
subject
to
a
whole-body
scanner
5
screening.
6
3.
This
section
does
not
apply
to
a
jail
or
correctional
7
facility.
8
4.
The
homeland
security
and
emergency
management
division
9
of
the
department
of
public
defense
shall,
by
January
15,
2013,
10
and
every
year
thereafter,
submit
a
report
to
the
general
11
assembly
and
to
the
legislative
services
agency
detailing
the
12
following:
the
number
of
persons
in
this
state
subject
to
13
whole-body
scanner
screenings
pursuant
to
this
section
as
a
14
percentage
of
all
screened
persons;
the
percentage
of
persons
15
subject
to
whole-body
scanner
screenings
who
select
a
pat-down
16
search
in
lieu
of
a
whole-body
scanner
screening;
the
privacy
17
protections
relating
to
the
images
generated
by
the
whole-body
18
scanner
and
the
number
of
privacy
breaches
relating
to
such
19
images;
the
effectiveness
of
the
whole-body
scanner
screenings;
20
updates
on
next
generation
technology
relating
to
the
screening
21
of
passengers
and
baggage;
and
findings
relating
to
the
health
22
risks
of
repeated
exposure
to
whole-body
scanner
screenings
on
23
operators,
other
workers,
persons
subject
to
such
screens,
and
24
members
of
the
general
public
that
pass
nearby.
25
Sec.
3.
NEW
SECTION
.
708.14A
Pat-down
search
——
26
prohibition.
27
1.
A
person,
without
probable
cause,
shall
not
knowingly
28
or
recklessly
search
another
person
by
touching
the
clothed
29
or
unclothed
anus,
genitalia,
or
breast
of
another
in
such
a
30
manner
that
would
be
offensive
to
a
reasonable
person
as
part
31
of
a
search
to
grant
access
to
a
publicly
accessible
building
32
or
form
of
transportation.
33
2.
A
person
who
violates
this
section
commits
a
serious
34
misdemeanor.
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Sec.
4.
HOMELAND
SECURITY
——
REPORT.
Prior
to
the
use
1
of
a
whole-body
scanner
in
this
state,
the
administrator
of
2
the
homeland
security
and
emergency
management
division
of
3
the
department
of
public
defense
shall
study
the
effects
of
4
repeated
exposure
to
whole-body
scanner
screenings
on
the
5
health
and
safety
of
operators,
other
workers,
persons
subject
6
to
such
screenings,
and
members
of
the
general
public
who
7
pass
near
the
scanner.
If
the
administrator
determines
that
8
repeated
exposure
to
whole-body
scanner
screenings
is
not
9
harmful
to
operators,
other
workers,
persons
subject
to
such
10
screenings,
or
members
of
the
general
public
who
pass
near
the
11
scanner,
a
whole-body
scanner
may
be
used
in
this
state
within
12
thirty
days
of
such
a
finding.
However,
if
the
administrator
13
determines
that
repeated
exposure
may
be
harmful,
the
use
of
a
14
whole-body
scanner
shall
be
delayed
in
this
state
until
such
15
time
the
administrator
determines
after
further
study
that
16
repeated
exposure
is
not
harmful.
17
Sec.
5.
IMPLEMENTATION.
The
use
of
a
whole-body
scanner
18
pursuant
to
section
321N.2,
as
enacted
by
this
Act,
shall
not
19
be
implemented
until
the
administrator
of
the
homeland
security
20
and
emergency
management
division
of
the
department
of
public
21
defense
determines
that
such
use
is
not
harmful
pursuant
to
22
section
4
of
this
Act.
23
Sec.
6.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
24
immediate
importance,
takes
effect
upon
enactment.
25
EXPLANATION
26
This
bill
regulates
the
use
of
pat-down
searches
and
27
whole-body
scanners
at
governmental
subdivision
facilities
and
28
publicly
accessible
buildings
and
forms
of
transportation.
29
Under
the
bill,
a
governmental
subdivision
shall
not
use
a
30
whole-body
scanner
as
the
sole
or
primary
method
of
screening
31
a
person
at
a
facility.
The
bill
prohibits
the
use
of
a
32
whole-body
scanner
by
a
governmental
subdivision
unless
another
33
method
of
screening
demonstrates
reasonable
cause
to
use
a
34
whole-body
scanner.
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If
a
person
is
subject
to
a
whole-body
scanner
screening,
1
the
bill
requires
the
person
to
be
provided
information
about
2
the
operation
of
the
whole-body
scanner
including
the
privacy
3
policies
related
to
the
visual
image
generated
by
the
scanner.
4
The
bill
requires
a
person
subject
to
a
whole-body
5
scanner
screening
to
be
offered
a
pat-down
search
in
lieu
6
of
a
whole-body
scanner
screening.
If
the
person
does
not
7
agree
to
a
pat-down
search,
the
bill
allows
a
governmental
8
subdivision
to
require
the
person
to
undergo
a
whole-body
9
scanner
screening.
10
The
bill
prohibits
a
person,
without
probable
cause,
from
11
knowingly
or
recklessly
searching
another
person
by
touching
12
the
clothed
or
unclothed
anus,
genitalia,
or
breast
of
another
13
in
such
a
manner
that
would
be
offensive
to
a
reasonable
person
14
as
part
of
a
search
to
grant
access
to
a
publicly
accessible
15
building
or
form
of
transportation.
A
person
who
violates
this
16
provision
of
the
bill
commits
a
serious
misdemeanor.
17
A
serious
misdemeanor
is
punishable
by
confinement
for
no
18
more
than
one
year
and
a
fine
of
at
least
$315
but
not
more
than
19
$1,875.
20
The
bill
requires
the
homeland
security
and
emergency
21
management
division
of
the
department
of
public
defense
to
22
submit
a
report
by
January
15,
2013,
and
every
year
thereafter,
23
detailing
the
number
of
persons
subject
to
whole-body
24
screenings,
the
number
of
persons
selecting
a
pat-down
search
25
in
lieu
of
whole-body
scanner
screenings,
the
privacy
breaches
26
related
to
the
images
generated
by
whole-body
scanners,
the
27
overall
effectiveness
of
whole-body
scanners,
and
the
health
28
risks
associated
with
repeated
exposures
to
such
screenings.
29
The
bill
also
requires
the
administrator
of
the
homeland
30
security
and
emergency
management
division
of
the
department
31
of
public
defense
to
study
the
effects
of
repeated
exposure
32
to
whole-body
scanner
screenings
on
the
health
and
safety
of
33
operators,
other
workers,
persons
subject
to
such
screenings,
34
and
members
of
the
general
public
who
pass
near
the
scanner.
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Under
the
bill,
if
the
administrator
determines
that
repeated
1
exposures
to
whole-body
scanner
screenings
is
not
harmful,
2
the
bill
permits
a
whole-body
scanner
to
be
used
in
this
3
state
within
30
days
of
such
a
finding.
If,
however,
the
4
administrator
determines
that
repeated
exposures
may
be
5
harmful,
the
use
of
a
whole-body
scanner
shall
be
delayed
until
6
such
time
the
administrator
determines,
after
further
study,
7
that
repeated
exposures
are
not
harmful.
The
bill
delays
the
8
use
of
whole-body
scanners
pursuant
to
the
bill
until
such
9
determination
is
made.
10
The
bill
does
not
apply
to
a
jail
or
correctional
facility.
11
The
bill
takes
effect
upon
enactment.
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