AN ACT

 

1Amending Title 42 (Judiciary and Judicial Procedure) of the
2Pennsylvania Consolidated Statutes, in commencement of
3proceedings, requiring municipal police department policies
4relating to strip and body cavity searches.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1.  Title 42 of the Pennsylvania Consolidated
8Statutes is amended by adding a section to read:

9§ 8903.  Strip and body cavity searches.

10(a)  Policy required.--A municipal law enforcement agency
11shall adopt and implement a written policy that governs
12procedures for strip searches and body cavity searches. The
13policy shall:

14(1)  Be consistent with the law on strip searches and
15body cavity searches.

16(2)  Specify when under the law a strip or body cavity
17search is allowed and under what constraints.

18(3)  Include:

19(i)  The authority necessary for conducting a strip

1or body cavity search, with or without a search warrant.

2(ii)  Privacy provisions, including a strip or body
3cavity search by a person of the same gender.

4(iii)  Reporting requirements when a strip or body
5cavity search is conducted.

6(b)  Witness required.--Except for exigent circumstances, the
7person conducting a strip or body cavity search shall ensure
8that another person is present as a witness to the search.

9(c)  Condition of body cavity search.--A body cavity search
10shall be conducted by qualified medical personnel in a hygienic
11setting.

12Section 2.  This act shall take effect in 60 days.