General Assembly: 86 (2015 Regular GA) - Chapter 71 - Strip searches conducted at jails or municipal holding facilities


Published: 2015-04-24

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CHAPTER 71 STRIP SEARCHES CONDUCTED AT JAILS OR MUNICIPAL HOLDING FACILITIES

H.F. 227

AN ACT relating to strip searches of persons at a jail or municipal holding facility.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. NEW SECTION. 702.24 Visual strip search. A “visual strip search”means having a person remove or arrange some or all of the person’s

clothing so as to permit a visual inspection of the genitalia, buttocks, anus, female breasts, or undergarments of that person.

Sec. 2. Section 804.30, Code 2015, is amended by striking the section and inserting in lieu thereof the following: 804.30 Strip searches and visual strip searches of persons arrested for scheduled

violations or simple misdemeanors. 1. a. A person arrested for a simple misdemeanor who is housed in the general population

of a county jail or municipal holding facility may be subject to a visual strip search. Such a person may be subject to a strip search if there is probable cause to believe that the person is concealing a weapon or contraband and written authorization of the supervisor on duty is obtained. b. (1) A person arrested for a simple misdemeanor who is not housed in the general

population of a county jail or municipal holding facility shall not be subjected to either a strip search or a visual strip search unless there is probable cause to believe that the person is concealing a weapon or contraband and written authorization of the supervisor on duty is obtained. (2) A person arrested for a scheduled violation who is not housed in the general population

of a county jail or municipal holding facility shall not be subject to either a strip search or a visual strip search unless there is probable cause to believe that the person is concealing a weapon or contraband, and a search warrant is obtained. c. A strip search conducted pursuant to this section that involves the physical probing of a

body cavity, other than the mouth, ears, or nose, shall require a search warrant and shall only be performed by a licensed physician unless voluntarily waived in writing by the arrested person. 2. Any person arrested for a scheduled violation or a simplemisdemeanormay be subjected

to a search probing the mouth, ears, or nose. 3. All searches conducted pursuant to this section shall be performed under sanitary

conditions. 4. All searches conducted pursuant to this section, except for the probing of the mouth,

ears, or nose, shall be conducted in a place where the search cannot be observed by persons not conducting the search. 5. All searches conducted pursuant to this section shall be conducted by a person of the

same sex as the arrested person, except for the probing of the mouth, ears, or nose, unless the search is conducted by a physician. 6. Subsequent to a strip search pursuant to this section, a written report shall be prepared

which includes the written authorization required by 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 a copy of the search warrant, if applicable authorizing the search. A copy of the report shall be provided to the person searched.

Approved April 24, 2015