Bill Text: MI HB5831 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Corrections: other; strip searches according to biological sex by MDOC facilities; require. Amends sec. 69a of 1953 PA 232 (MCL 791.269a).
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced) 2024-06-26 - Bill Electronically Reproduced 06/26/2024 [HB5831 Detail]
Download: Michigan-2023-HB5831-Introduced.html
HOUSE BILL NO. 5831
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending section 69a (MCL 791.269a), as amended by 2012 PA 599.
the people of the state of michigan enact:
Sec. 69a. (1) A visitor to a state correctional facility shall must not be subjected to a pat down search unless every person individual performing or assisting in performing the pat down search is of the same biological sex as the person visitor being searched. If the necessary personnel are not readily available, a visitor at his or her the visitor's option may waive the provisions of this subsection by signing a waiver provided by the department. of corrections.
(2) A strip search that is conducted on a prisoner in a state correctional facility must be performed by an individual of the same biological sex as the prisoner.
(3) (2) As used in this section:
(a) "Biological sex" means the biological indication of male or female in the context of reproductive potential or capacity, as indicated by sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth, without regard to an individual's psychological, chosen, or subjective experience of gender.
(b) (a) "Pat down search" means a search of a person an individual in which the person individual conducting the search touches the body or clothing, or both, of the person individual being searched to detect the presence of concealed objects.
(c) (b) "State correctional facility" means a facility or institution that houses prisoners under the jurisdiction of the department.
(d) "Strip search" means a search that requires an individual to remove the individual's clothing to expose underclothing, breasts, buttocks, or genitalia.
