THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF AND LEACH, JANUARY 12, 2011

REFERRED TO JUDICIARY, JANUARY 12, 2011  

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:

§ 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

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.