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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY TALLMAN, METCALFE, DENLINGER, GILLEN AND KNOWLES, FEBRUARY 28, 2011 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 28, 2011 |
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| AN ACT |
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1 | Amending Title 18 (Crimes and Offenses) of the Pennsylvania |
2 | Consolidated Statutes, providing for indecent assault during |
3 | the course of body search. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 18 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a section to read: |
8 | § 3126.1. Indecent assault during the course of body search. |
9 | (a) Offense defined.--Except as provided in subsection (c), |
10 | a person violates this section if he contacts another person's |
11 | genitals or breasts in the course of conducting a body search. A |
12 | Federal, State or municipal government employee shall not be |
13 | immune from prosecution under this subsection, even if the |
14 | violation occurred while acting within the scope of employment. |
15 | (b) Grading.--A person who violates subsection (a) commits a |
16 | misdemeanor of the third degree. |
17 | (c) Exceptions.--A peace officer, county parole officer, |
18 | county probation officer or corrections officer who contacts |
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1 | another person's genitals or breasts while conducting a body |
2 | search during the course of his duty is not guilty of the |
3 | offense defined in subsection (a) if any of the following apply: |
4 | (1) the person to be searched is under arrest; |
5 | (2) a search warrant has been issued that specifies the |
6 | reason for the search and clearly indicates what parts of the |
7 | person's body are to be searched; |
8 | (3) probable cause exists for the peace officer to |
9 | search the individual; |
10 | (4) the person to be searched is lawfully confined in a |
11 | State or county correctional facility; or |
12 | (5) the person to be searched has been lawfully assigned |
13 | to probation or parole and is searched in accordance with |
14 | applicable laws. |
15 | (d) Definitions.--As used in this section, the following |
16 | words and phrases shall have the meanings given to them in this |
17 | subsection unless the context clearly indicates otherwise: |
18 | "Corrections officer." A person employed at a correctional |
19 | facility to provide security or custodial service for inmates. |
20 | "Peace officer." A person who by virtue of his office or |
21 | public employment is vested by law with a duty to maintain |
22 | public order or to make arrests for offenses, whether that duty |
23 | extends to all offenses or is limited to specific offenses. The |
24 | term shall include a member of a park police department of a |
25 | county of the third class. |
26 | Section 2. This act shall take effect in 60 days. |
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