Bill Text: AZ HB2459 | 2025 | Fifty-seventh Legislature 1st Regular | Introduced


Bill Title: Prisoners; strip search; pat search

Spectrum: Partisan Bill (Democrat 18-0)

Status: (N/A) - [HB2459 Detail]

Download: Arizona-2025-HB2459-Introduced.html

 

 

 

REFERENCE TITLE: prisoners; strip search; pat search

 

 

 

 

State of Arizona

House of Representatives

Fifty-seventh Legislature

First Regular Session

2025

 

 

 

HB 2459

 

Introduced by

Representatives Stahl Hamilton: Abeytia, Aguilar, Blattman, Contreras P, Crews, De Los Santos, Garcia, Hernandez A, Hernandez L, Liguori, Sandoval, Simacek, Villegas;  Senators Alston, Bravo, Epstein, Gabaldón

 

 

 

 

 

 

 

 

An Act

 

repealing section 31-236, Arizona Revised Statutes; amending title 31, chapter 2, article 2, Arizona Revised Statutes, by adding a new section 31-236; relating to prisoners.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1. Repeal

Section 31-236, Arizona Revised Statutes, is repealed.

Sec. 2. Title 31, chapter 2, article 2, Arizona Revised Statutes, is amended by adding a new section 31-236, to read:

START_STATUTE31-236. Prisoners; strip search; pat search; procedures; definition

A. A strip search may only be performed by a correctional officer who is of the same gender as the prisoner and in a room that is designated by the warden, deputy warden or prison administrator for strip searches. If a reason exists for a strip search to be done immediately, the shift commander or duty officer may authorize the use of a private area other than the designated strip search room. Except during an inspection of the hair on a prisoner's head, a correctional officer may not touch any part of the prisoner's body during a strip search.

B. A pat search may only be performed by a correctional officer who is of the same gender as the prisoner, except that in an emergency situation, a correctional officer of the opposite gender may conduct a pat search if both of the following apply:

1. The following information is documented in the correctional service log:

(a) the name of the correctional officer who conducts the pat search.

(b) the name of any correctional officer who witnesses the pat search.

(c) the correctional officer's badge number.

(d) the prisoner's name and state department of corrections number.

(e) the reason for the cross gender pat search.

2. When possible, the pat search is conducted in the presence of at least one additional correctional officer.

C. For the purposes of this section, "pat search" means a search that is conducted by a correctional officer who pats down or frisks the body of a clothed prisoner. END_STATUTE

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