House Study Bill 33 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE) A BILL FOR An Act relating to strip searches of persons housed at a jail 1 or municipal holding facility. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1176YC (5) 86 jm/rj

H.F. _____ Section 1. Section 804.30, Code 2015, is amended to read as 1 follows: 2 804.30 Strip searches. 3 1. A person housed in the general population of a county 4 jail or municipal holding facility may be subject to a strip 5 search. 6 1. 2. A person arrested for a scheduled violation or a 7 simple misdemeanor who is not housed in the general population 8 of a county jail or municipal holding facility shall not be 9 subjected to a strip search unless there is probable cause 10 reasonable suspicion to believe the person is concealing a 11 weapon or contraband. A strip search pursuant to this section 12 subsection shall not be conducted except under all of the 13 following conditions: 14 a. Written authorization of the supervisor on duty is 15 obtained. 16 b. A search warrant is obtained for the probing of any body 17 cavity other than the mouth, ears, or nose. 18 c. A visual search or probing of any body cavity shall 19 be performed under sanitary conditions. A physical probe of 20 a body cavity other than the mouth, ears, or nose shall be 21 performed only by a licensed physician unless voluntarily 22 waived in writing by the arrested person. 23 d. The search is conducted in a place where it cannot be 24 observed by persons not conducting the search. 25 e. The search is conducted by a person of the same sex as 26 the arrested person, unless conducted by a physician. 27 2. f. Subsequent to a strip search pursuant to this 28 subsection , a written report shall be prepared which includes 29 the written authorization required by subsection 1 , paragraph 30 “a” this subsection , the name of the person subjected to 31 the search, the names of the persons conducting the search, 32 the time, date, and place of the search and, if required by 33 subsection 1 , paragraph “b” , a copy of the search warrant 34 authorizing the search. A copy of the report shall be provided 35 -1- LSB 1176YC (5) 86 jm/rj 1/ 2

H.F. _____ to the person searched. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to strip searches of persons housed at a 5 jail or municipal holding facility. 6 The bill specifies that a person housed in the general 7 population of a jail or municipal holding facility may be 8 subject to a strip search. 9 Current law provides that a person arrested for a scheduled 10 violation or simple misdemeanor shall not be subject to a strip 11 search unless there is probable cause to believe the person 12 is concealing a weapon or contraband. The bill modifies this 13 provision to provide that a person who has been arrested for 14 a scheduled violation or a simple misdemeanor and who is not 15 housed in the general population of a jail or municipal holding 16 facility shall not be subjected to a strip search unless there 17 is reasonable suspicion the person is concealing a weapon or 18 contraband. 19 The bill also specifies that a written report shall be 20 prepared concerning each strip search of a person who has been 21 arrested for a scheduled violation or simple misdemeanor but 22 not housed in the general population of the jail. 23 -2- LSB 1176YC (5) 86 jm/rj 2/ 2