Bill Text: IA SSB1195 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act relating to strip searches of simple misdemeanants at a jail or municipal holding facility.
Spectrum: Unknown
Status: (N/A - Dead) 2013-02-21 - Judiciary: Hogg Chair,Dvorsky, and Schneider. [SSB1195 Detail]
Download: Iowa-2013-SSB1195-Introduced.html
Senate
Study
Bill
1195
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOGG)
A
BILL
FOR
An
Act
relating
to
strip
searches
of
simple
misdemeanants
at
a
1
jail
or
municipal
holding
facility.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
804.30,
Code
2013,
is
amended
by
striking
1
the
section
and
inserting
in
lieu
thereof
the
following:
2
804.30
Strip
searches
——
simple
misdemeanors.
3
1.
A
person
arrested
for
a
simple
misdemeanor
including
a
4
simple
misdemeanor
punishable
as
a
scheduled
violation,
who
5
is
committed
to
the
general
population
of
a
jail
or
municipal
6
holding
facility,
may
be
subject
to
a
strip
search.
A
strip
7
search
pursuant
to
this
section
shall
be
conducted
in
the
8
following
manner:
9
a.
(1)
A
visual
search
may
be
conducted
by
directing
the
10
arrested
person
to
disrobe,
shower,
and
submit
to
a
visual
11
inspection.
12
(2)
A
visual
search
may
include
the
probing
of
the
mouth,
13
ears,
or
nose.
14
b.
For
a
search
involving
physical
contact
other
than
with
15
the
mouth,
ears,
or
nose,
authorization
from
a
supervisor
shall
16
be
obtained
for
the
physical
probing
of
any
other
body
cavity.
17
c.
A
visual
search
or
probing
of
any
body
cavity
shall
be
18
performed
under
sanitary
conditions.
19
d.
The
search
shall
be
conducted
in
a
place
where
the
search
20
cannot
be
observed
by
persons
not
conducting
the
search.
21
e.
The
search
shall
be
conducted
by
a
person
of
the
same
22
sex
as
the
arrested
person,
unless
the
search
is
conducted
by
a
23
physician.
24
2.
Subsequent
to
a
strip
search,
a
written
report
shall
25
be
prepared
which
includes
any
authorization
required
by
26
subsection
1,
the
name
of
the
person
subjected
to
the
search,
27
the
names
of
the
persons
conducting
the
search,
and
the
time,
28
date,
and
place
of
the
search.
A
copy
of
the
report
shall
be
29
provided
to
the
person
searched.
30
EXPLANATION
31
This
bill
relates
to
strip
searches
of
simple
misdemeanants
32
at
a
jail
or
municipal
holding
facility.
33
Current
law
specifies
that
a
person
arrested
for
a
scheduled
34
violation
or
simple
misdemeanor
shall
not
be
subjected
to
a
35
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strip
search
unless
there
is
probable
cause
to
believe
the
1
person
is
concealing
a
weapon
or
contraband,
and
if
certain
2
conditions
are
followed.
3
The
bill
provides
that
a
person
arrested
for
a
simple
4
misdemeanor
including
a
scheduled
violation
who
is
committed
to
5
the
general
population
of
a
jail
or
municipal
holding
facility
6
may
be
subject
to
a
strip
search.
7
The
bill
specifies
that
a
visual
search
may
be
conducted
by
8
directing
the
arrested
person
to
disrobe,
shower,
and
submit
9
to
a
visual
inspection.
The
bill
further
specifies
a
visual
10
search
may
include
the
probing
of
the
mouth,
ears,
or
nose.
11
Current
law
requires
written
authorization
from
the
12
supervisor
on
duty
prior
to
any
search.
The
bill
eliminates
13
such
a
requirement
unless
the
search
involves
physical
contact
14
other
than
probing
of
the
mouth,
ears,
or
nose.
15
The
bill
also
eliminates
a
probable
cause
finding
and
a
16
search
warrant
prior
to
a
search
involving
physical
contact
if
17
the
search
involves
physical
contact
other
than
probing
of
the
18
mouth,
ears,
or
nose.
19
The
bill
retains
the
current
provisions
that
a
search
must
20
be
conducted
in
a
place
where
the
search
cannot
be
observed
by
21
persons
not
conducting
the
search
and
that
the
search
shall
22
be
conducted
by
a
person
of
the
same
gender
as
the
arrested
23
person,
unless
the
search
is
conducted
by
a
physician.
24
The
bill
also
retains
the
requirement
that
a
written
report
25
be
prepared
which
includes
authorization
of
the
supervisor,
if
26
applicable,
the
name
of
the
person
subjected
to
the
search,
the
27
names
of
the
persons
conducting
the
search,
and
the
time,
date,
28
and
place
of
the
search.
A
copy
of
the
report
shall
be
provided
29
to
the
person
searched.
30
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