HF 2174 (LSB 5114HV (3) 85)

HOUSE FILE 2174

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 510)

(As Amended and Passed by the House 2014-03-05)

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 if there is a reasonable suspicion that the person is concealing a weapon or contraband. The conditions specified in subsection 1 apply to a search pursuant to this subsection.
    Sec. 3.  Section 804.30, subsection 2, Code 2014, is amended to read as follows:
   2.  Subsequent to a strip search pursuant to this section, a written report shall be prepared which includes the written authorization required by subsection 1, paragraph “a” this section, the name of the person subjected to the search, the names of the persons conducting the search, the time, date, and place of the search and, if required by subsection 1, paragraph “b” this section, a copy of the search warrant authorizing the search. A copy of the report shall be provided to the person searched.