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 TLSB 2074XC (3) 85 jm/nh

S.F. _____ 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 -1- LSB 2074XC (3) 85 jm/nh 1/ 2

S.F. _____ 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 -2- LSB 2074XC (3) 85 jm/nh 2/ 2