PRINTER'S NO. 1590
No. 1407 Session of 1981
INTRODUCED BY IRVIS, MANDERINO, WACHOB, WHITE AND SPENCER,
MAY 11, 1981
REFERRED TO COMMITTEE ON JUDICIARY, MAY 11, 1981
AN ACT
1 Regulating the strip and body cavity search of persons detained,
2 and providing penalties.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Definitions.
6 The following words and phrases when used in this act shall
7 have, unless the context clearly indicates otherwise, the
8 meanings given to them in this section:
9 "Body cavity." The interior of the human body not visible by
10 normal observation, being the stomach or rectal cavity of a
11 person, and the vagina of a female person.
12 "Body cavity search." The physical intrusion into a cavity
13 for the purpose of discovering any object concealed in a body
14 cavity.
15 "Strip search." Requiring an arrested person to remove or
16 arrange some or all of his or her clothing so as to permit an
17 authorized visual inspection of the genitals, buttocks, anus,
1 female breasts, or undergarments of such persons.
2 Section 2. Search of certain persons detained.
3 A person arrested or detained for a misdemeanor offense, or
4 an offense which is punishable only by a civil fine shall not be
5 strip searched unless the person arrested is being lodged in a
6 detention facility by order of a court, or there is reasonable
7 cause to believe that the person is concealing a weapon, a
8 controlled substance, or evidence of a crime.
9 Section 3. Place and manner of search.
10 A strip search which is conducted under this section shall be
11 performed in a place which prevents the search from being
12 observed by a person not conducting or necessary to assist with
13 the search. A law enforcement officer who assists in the strip
14 search shall be of the same sex as the person being searched.
15 Section 4. Report.
16 If a strip search is conducted under this act the arresting
17 officer or employee of a police department shall prepare a
18 report of the strip search. The report shall include the
19 following information:
20 (1) The name and sex of the person subjected to the
21 strip search.
22 (2) The name and sex of the person conducting the strip
23 search.
24 (3) The name and sex of a person who assists in
25 conducting the strip search.
26 (4) The time, date and place of the strip search.
27 (5) Valid reasons for conducting the strip search.
28 (6) A list or description of all items recovered from
29 the person who was searched; such list is to be acknowledged
30 in writing by the person being strip searched, or, if the
19810H1407B1590 - 2 -
1 person being strip searched is unwilling or unable to do so,
2 by a witness.
3 Section 5. Search warrant.
4 A search of a body cavity shall not be conducted without a
5 valid search warrant.
6 Section 6. Body cavity search.
7 A body cavity search shall be conducted by a licensed
8 physician or a physicians assistant or a registered professional
9 nurse acting with the approval of a licensed physician. If the
10 body cavity search is conducted by a person of the opposite sex
11 of the person being searched, the search shall be observed and
12 conducted in the presence of a person of the same sex as the
13 person being searched.
14 Section 7. Report of body cavity search.
15 If a body cavity search is conducted, the law enforcement
16 officer who executes the warrant required under section 5 shall
17 prepare a report containing all of the following:
18 (1) A copy of the search warrant.
19 (2) The name and sex of the person searched, if not
20 contained in the warrant.
21 (3) The name, occupation and sex of the person who
22 conducted the search.
23 (4) The time, date and place of the search.
24 (5) A list of all items recovered from the person who
25 was searched; such list is to be acknowledged in writing by
26 the person being searched, or, if the person being searched
27 is unable or unwilling to do so, by a witness.
28 (6) The name and sex of all law enforcement officers or
29 employees of the law enforcement agency present at the
30 search.
19810H1407B1590 - 3 -
1 Section 8. Penalties.
2 (a) Strip search.--A law enforcement officer or employee of
3 the law enforcement agency who conducts a strip search in
4 violation of this act is guilty of a misdemeanor of the third
5 degree.
6 (b) Body cavity search.--A law enforcement officer or
7 employee of the law enforcement agency who conducts a body
8 cavity search in violation of this act is guilty of a
9 misdemeanor of the third degree.
10 Section 9. Effective date.
11 This act shall take effect immediately.
D23L61RW/19810H1407B1590 - 4 -