West’s bill limits body cavity searches of female inmates

The text as introduced · 408 words

89R7786 BCH-F

By: West
S.B. No. 1078

A BILL TO BE ENTITLED

AN ACT

relating to certain searches of female inmates by the Texas

Department of Criminal Justice.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 501.026, Government Code, is amended to

read as follows:

Sec. 501.026. LIMITATION ON CERTAIN SEARCHES. (a) The

department shall adopt a policy regarding a search of any room or

other area that occurs while a female inmate who is not fully

clothed is present in the room or area. The policy must:

(1) require that the search be conducted by a female

correctional officer if one is available;

(2) include staffing procedures to ensure the

availability of female officers; and

(3) provide that if it is necessary for a male

correctional officer to conduct the search, the officer must submit

a written report explaining the reasons for the search to the warden

not later than 72 hours after the search.

(b) The department shall adopt a policy regarding a search

of a female inmate who is accessing programs offered to inmates in

the custody of the department, including educational, vocational,

substance use treatment, rehabilitation, life skills training, and

prerelease programs. The policy may not permit a visual body cavity

search except in exigent circumstances or under a reasonable

suspicion that a visual body cavity search is warranted.

(c) For purposes of Subsection (b):

(1) "Exigent circumstances" means a set of temporary

and unforeseen circumstances that require immediate action in order

to combat a threat to the security or institutional order of a

facility. The term does not include routine access to programs

offered to an inmate in the custody of the department, including

educational, vocational, substance use treatment, rehabilitation,

life skills training, and prerelease programs.

(2) "Visual body cavity search" means the observation

of an inmate with all clothing removed to permit a visual inspection

of the inmate's anal or genital opening.

SECTION 2. As soon as practicable after the effective date

of this Act, the Texas Department of Criminal Justice shall adopt

the policy required by Section 501.026(b), Government Code, as

added by this Act.

SECTION 3. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.