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SB 29 - Restricts Certain Types of Touching During Searches by Government Officials - Key Vote

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NOTE: THIS BILL WAS VOTED ON DURING A SPECIAL SESSION OF THE LEGISLATURE

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Legislation - Motion Rejected (House) (96-26) - (Key vote)

Title: Restricts Certain Types of Touching During Searches by Government Officials

Vote Smart's Synopsis:

Vote to pass a bill that prohibits public servants from searching individuals seeking to access public buildings or public transportation without their consent, and from intentionally touching certain body parts during a search.

Highlights:
  • Prohibits a public servant from committing certain actions while performing his or her assigned job duties including, but not limited to, the following (Sec. 1):
    • Performing a search without effective consent for the purpose of granting access to a public building or form of public transportation; and
    • Intentionally, knowingly, or recklessly touches the anus, sexual organ, buttocks, or breast of another person, including touching through clothing.
  • Defines "public servant" as any of the following (Sec. 1):
    • An officer, employee, or agent of the United States;
    • An officer or employee of another person acting under contract with a branch, department, or agency of the United States for the purpose of providing a security or law enforcement service; or
    • Any other person acting under color of federal law.
  • Specifies that consent is only effective if all of the following occur immediately before the search is commenced (Sec. 1):
    • The public servant provides a verbal description of the area to be searched and the method to be used in the search; and
    • The person to be searched, or the person's parent or guardian, verbally consents to the search.
  • Representative Bohac intended to vote "yea," but he was temporarily absent from the House chamber.
Note:

NOTE: THIS IS A SECOND READING VOTE TO CUT OFF DEBATE ON THE BILL AND ADVANCE IT TO THE THIRD READING IN WHICH AN UP-OR-DOWN VOTE FOR PASSAGE WILL OCCUR.

NOTE: THIS VOTE NEEDED A FOUR-FIFTHS MAJORITY TO PASS.

Legislation - Bill Passed (Senate) (20-11) - (Key vote)

Title: Restricts Certain Types of Touching During Searches by Government Officials

Vote Smart's Synopsis:

Vote to pass a bill that prohibits public servants from searching individuals seeking to access public buildings or public transportation without their consent, and from intentionally touching certain body parts during a search.

Highlights:
  • Prohibits a public servant from searching an individual seeking to access a public building or public transportation if the public servant (Sec. 1):
    • Performs the search without the individual's effective consent; or
    • Intentionally, knowingly, or recklessly touches the anus, sexual organ, buttocks, or breast of the individual, including touching through clothing.
  • Defines "public servant" as any of the following individuals (Sec. 1):
    • An officer, employee, or agent of the United States;
    • An officer or employee of another person acting under contract with a branch, department, or agency of the United States for the purpose of providing a security or law enforcement service; and
    • Any other person acting under Federal law.
  • Specifies that consent is effective only if the following occur immediately before any search (Sec. 1):
    • The public servant provides a verbal description of the areas to be searched and the method to be used in the search; and
    • The public servant receives consent for the search from the individual to be searched, or from the individual's parent or guardian.
Legislation - Introduced (Senate) -

Title: Restricts Certain Types of Touching During Searches by Government Officials

Note:

NOTE: THIS BILL WAS VOTED ON DURING A SPECIAL SESSION OF THE LEGISLATURE

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