Bill Text: TX HB4071 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to certain body cavity searches conducted by a peace officer.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2015-05-14 - Placed on General State Calendar [HB4071 Detail]
Download: Texas-2015-HB4071-Comm_Sub.html
| 84R26744 ADM-F | |||
| By: Burrows, Simpson | H.B. No. 4071 | ||
| Substitute the following for H.B. No. 4071: | |||
| By: Herrero | C.S.H.B. No. 4071 | ||
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| relating to certain body cavity searches conducted by a peace | ||
| officer. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. This Act may be cited as The Angel Law. | ||
| SECTION 2. Chapter 18, Code of Criminal Procedure, is | ||
| amended by adding Article 18.24 to read as follows: | ||
| Art. 18.24. BODY CAVITY SEARCH DURING INVESTIGATIVE | ||
| DETENTION. (a) In this article, "body cavity search" means an | ||
| inspection that is conducted of a person's anal or vaginal cavity in | ||
| any manner, including by visual inspection, digital probing, x-ray, | ||
| enema, or colonoscopy. | ||
| (b) Notwithstanding any other law and except as otherwise | ||
| provided by this article, a peace officer may not conduct a body | ||
| cavity search of a person during a period in which the officer is | ||
| detaining the person unless the officer first obtains a search | ||
| warrant pursuant to this chapter authorizing the body cavity | ||
| search. | ||
| (c) A body cavity search described by Subsection (b) must be | ||
| conducted: | ||
| (1) in a private, sanitary place; and | ||
| (2) in accordance with medically recognized, hygienic | ||
| practices. | ||
| (d) A peace officer who obtains protected health | ||
| information in the course of conducting a body cavity search under | ||
| this article is subject to the same confidentiality requirements | ||
| and penalties as a covered entity under Chapter 181, Health and | ||
| Safety Code. For purposes of this subsection, "protected health | ||
| information" has the meaning assigned by the Health Insurance | ||
| Portability and Accountability Act and Privacy Standards, as that | ||
| term is defined by Section 181.001, Health and Safety Code. | ||
| (e) A law enforcement agency that employs a peace officer | ||
| who conducts a body cavity search described by Subsection (b) is | ||
| liable for any medical expenses incident to the search. | ||
| (f) Evidence of compliance with Subsection (b) is a | ||
| condition precedent to the admissibility of evidence obtained by a | ||
| peace officer conducting a body cavity search of a person during a | ||
| traffic stop. | ||
| (g) This article does not apply to a body cavity search: | ||
| (1) conducted pursuant to an investigation of border | ||
| crime, as that term is defined by Section 772.0071, Government | ||
| Code; or | ||
| (2) conducted on a person after the person is | ||
| arrested, including any time during which the person is confined | ||
| awaiting trial or after conviction of a criminal offense. | ||
| SECTION 3. This Act takes effect September 1, 2015. | ||
