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IN HB1176

Bill

Status

Introduced

1/8/2019

Primary Sponsor

Cindy Ziemke

Click for details

Origin

House of Representatives

2019 Regular Session

AI Summary

  • Licensed health care professionals (physicians, nurses, paramedics, EMTs) must retrieve contraband from a person's body cavity when requested by law enforcement as part of a criminal investigation, provided only reasonable force is necessary

  • Medical personnel, hospitals, and their agents receive civil and criminal immunity for searching, retrieving contraband, testifying at trial, and injuries arising from good faith performance—immunity does not cover gross negligence or willful misconduct

  • Law enforcement may use reasonable force to assist with retrieval if the individual does not consent and resists; officers may transport individuals to locations where authorized medical professionals can perform the retrieval

  • Patient-physician privilege does not apply to contraband retrieved under this section; evidence and testimony may be admitted in criminal proceedings and disclosed only to prosecuting attorneys

  • Law enforcement officers are prohibited from using this procedure to retrieve contraband from fellow officers within their same agency or department

Legislative Description

Medical provider immunity for body cavity search. Establishes a procedure authorizing licensed medical personnel to retrieve contraband from the bodily orifice of an individual as part of a criminal investigation, and grants immunity to the medical personnel.

Last Action

First reading: referred to Committee on Courts and Criminal Code

1/8/2019

Committee Referrals

Courts and Criminal Code1/8/2019

Full Bill Text

No bill text available