PRINTER'S NO. 100
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
164
Session of
2015
INTRODUCED BY GREENLEAF, BREWSTER, BROWNE, TARTAGLIONE AND
HUGHES, JANUARY 15, 2015
REFERRED TO JUDICIARY, JANUARY 15, 2015
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in commencement of
proceedings, requiring municipal police department policies
relating to strip and body cavity searches.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 8903. Strip and body cavity searches.
(a) Policy required.--A municipal law enforcement agency
shall adopt and implement a written policy that governs
procedures for strip searches and body cavity searches. The
policy shall:
(1) Be consistent with the law on strip searches and
body cavity searches.
(2) Specify when under the law a strip or body cavity
search is allowed and under what constraints.
(3) Include:
(i) The authority necessary for conducting a strip
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or body cavity search, with or without a search warrant.
(ii) Privacy provisions, including a strip or body
cavity search by a person of the same gender.
(iii) Reporting requirements when a strip or body
cavity search is conducted.
(b) Witness required.--Except for exigent circumstances, the
person conducting a strip or body cavity search shall ensure
that another person is present as a witness to the search.
(c) Condition of body cavity search.--A body cavity search
shall be conducted by qualified medical personnel in a hygienic
setting.
Section 2. This act shall take effect in 60 days.
20150SB0164PN0100 - 2 -
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