HF 2174 (LSB 5114HV (2) 85)

HOUSE FILE 2174

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 510)

A BILL FOR

An Act relating to strip searches at a county jail or municipal holding facility.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 804.30, subsection 1, unnumbered paragraph 1, Code 2014, is amended to read as follows:

   A Except as otherwise provided in subsection 1A, a person arrested for a scheduled violation or a simple misdemeanor shall not be subjected to a strip search unless there is probable cause to believe the person is concealing a weapon or contraband. A strip search pursuant to this section subsection shall not be conducted except under all of the following conditions:
    Sec. 2.  Section 804.30, Code 2014, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  A person arrested for a scheduled violation or a simple misdemeanor and who is being committed to the general population of a jail or municipal holding facility shall be subjected to a strip search at the discretion of the jail or municipal holding facility authorities.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to strip searches of persons arrested for a scheduled violation or simple misdemeanor.
   Current law provides that a person arrested for a scheduled violation or a simple misdemeanor shall not be subjected to a strip search unless there is probable cause to believe the person is concealing a weapon or contraband.
   The bill adds that if such arrested person for a scheduled violation or simple misdemeanor is being committed to the general population of a jail or municipal holding facility, the person shall be subjected to a strip search at the discretion of the jail or municipal holding facility authorities.