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2020 SESSION

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HB 1544 Children; strip searches.

Introduced by: Lee J. Carter | all patrons    ...    notes | add to my profiles | history

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION:

Strip searches of children. Provides that no child under the age of 18 shall be strip searched or subjected to a search of any body cavity by a law-enforcement officer or a jail officer. The bill provides exceptions for (i) children committed to the Department of Juvenile Justice or confined or detained in a secure local facility for juveniles or a jail or other facility for the detention of adults; (ii) persons taken into custody by or remanded to a law-enforcement officer pursuant to a circuit or district court order; and (iii) children in custodial arrest when there is reasonable cause to believe on the part of a law-enforcement officer or jail officer authorizing the search that the child is concealing a weapon.

SUMMARY AS PASSED:

Strip searches of children. Provides that no child under the age of 18 shall be strip searched or subjected to a search of any body cavity by a law-enforcement officer or a jail officer. The bill provides exceptions for (i) children committed to the Department of Juvenile Justice or confined or detained in a secure local facility for juveniles or a jail or other facility for the detention of adults; (ii) persons in custodial arrests for a traffic infraction, Class 3 or 4 misdemeanor, or violation of a city, county, or town ordinance that is punishable by no more than 30 days in jail where there is reasonable cause to believe on the part of a law-enforcement officer that the individual is concealing a weapon; or (iii) persons taken into custody by or remanded to a law-enforcement officer pursuant to a circuit or district court order.

SUMMARY AS PASSED HOUSE:

Strip searches of children. Provides that no child under the age of 14 shall be strip searched and that a child who is 14 years of age or older but under 18 years of age shall not be strip searched unless such child and such child's parent, guardian, or other person responsible for the care of such child has authorized or consented to the strip search. The bill also provides that no person shall be denied noncontact visitation on the basis of withholding such authorization or consent. The bill provides exceptions for (i) children committed to the Department of Juvenile Justice or confined or detained in a secure local facility for juveniles or a jail or other facility for the detention of adults; (ii) persons in custodial arrests for a traffic infraction, Class 3 or 4 misdemeanor, or violation of a city, county, or town ordinance that is punishable by no more than 30 days in jail where there is reasonable cause to believe on the part of a law-enforcement officer that the individual is concealing a weapon; or (iii) persons taken into custody by or remanded to a law-enforcement officer pursuant to a circuit or district court order.

SUMMARY AS INTRODUCED:

Strip searches of children. Provides that no child under the age of 14 shall be strip searched under any circumstances and that a child who is 14 years of age or older but under 18 years of age shall not be strip searched unless such child's parent, guardian, or other person responsible for the care of such child has authorized or consented to the strip search. The bill also provides that any parent, guardian, or other person responsible for the care of such child who does not provide such authorization or consent shall not be denied visitation or contact with such child solely on the basis of withholding such authorization or consent.