PRINTER'S NO. 1792
No. 1293 Session of 2008
INTRODUCED BY GREENLEAF, PILEGGI, RAFFERTY, FERLO, FONTANA,
WASHINGTON, BOSCOLA, O'PAKE AND C. WILLIAMS,
FEBRUARY 26, 2008
REFERRED TO JUDICIARY, FEBRUARY 26, 2008
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, requiring municipal
3 police department policies relating to searches.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 42 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 8903. Strip and body cavity searches.
9 (a) Policy required.--A municipal law enforcement agency
10 shall adopt and implement a written policy that governs
11 procedures for strip searches and body cavity searches. The
12 policy shall:
13 (1) Be consistent with the law on strip searches and
14 body cavity searches.
15 (2) Specify when under the law a strip or body cavity
16 search is allowed and under what constraints.
17 (3) Include:
18 (i) The authority necessary for conducting a strip
1 or body cavity search, with or without a search warrant.
2 (ii) Privacy provisions, including a strip or body
3 cavity search by a person of the same gender.
4 (iii) Reporting requirements when a strip or body
5 cavity search is conducted.
6 (b) Witness required.--Except for exigent circumstances, the
7 person conducting a strip or body cavity search shall ensure
8 that another person is present as a witness to the search.
9 (c) Condition of body cavity search.--A body cavity search
10 shall be conducted in a hygienic setting and by qualified
11 medical personnel.
12 Section 2. This act shall take effect in 60 days.
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