HB1604 • 2026

Jail searches/gender

Providing parameters for conducting searches of transgender and intersex individuals confined in a local jail in compliance with federal law.

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Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Representative Salahuddin, Representative Walen, Representative Peterson, Representative Farivar, Representative Ramel, Representative Gregerson, Representative Parshley, Representative Reed, Representative Ormsby, Representative Kloba, Representative Duerr, Representative Hill
Last action: 2026-02-04
Official status: H subst for
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Jail searches/gender

What This Bill Does

Jail searches/gender

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

1604-S AMH SALA LANG 164

1470 • Salahuddin

ADOPTED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1604-S AMH SALA LANG 164 1 - Official Print By Representative Salahuddin EFFECT: Modifies the date by which local jails must adopt and implement standards that comply with the act from September 1, 2025 to September 1, 2026.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1604-S AMH SALA LANG 164 1 - Official Print By Representative Salahuddin EFFECT: Modifies the date by which local jails must adopt and implement standards that comply with the act from September 1, 2025 to September 1, 2026.
1604-S AMH SALA LANG 164 SHB 1604 - H AMD 1470 ADOPTED 02/04/2026 On page 2, line 38, after "1," strike "2025" and insert "2026" --- END

1604-S AMH GRIF H3063.3

1489 • Griffey

NOT ADOPTED

Plain English: 1604-S AMH GRIF H3063.3 SHB 1604 - H AMD 1489 By Representative Griffey NOT ADOPTED 02/04/2026 Strike everything after the enacting clause and insert the 1 following: 2 "NEW SECTION.

1604-S AMH GRIF H3063.3 SHB 1604 - H AMD 1489 By Representative Griffey NOT ADOPTED 02/04/2026 Strike everything after the enacting clause and insert the 1 following: 2 "NEW SECTION.
Sec.
1.
The legislature recognizes that male 3 correctional officers conducting body searches of incarcerated 4 females inflicts psychological pain in violation of the eighth 5 amendment.

1604-S AMH WATE PATT 355

1490 • Waters

WITHDRAWN

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1604-S AMH WATE PATT 355 1 - Official Print By Representative Waters EFFECT: Permits a jail to consider physiological differences in strength and injury risks when developing and implementing inmate housing and supervision policies.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1604-S AMH WATE PATT 355 1 - Official Print By Representative Waters EFFECT: Permits a jail to consider physiological differences in strength and injury risks when developing and implementing inmate housing and supervision policies.
1604-S AMH WATE PATT 355 SHB 1604 - H AMD 1490 WITHDRAWN 02/04/2026 On page 4, after line 18, insert the following: "NEW SECTION.
Sec.
3.

1604-S AMH COUT PATT 350

1491 • Couture

NOT ADOPTED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1604-S AMH COUT PATT 350 1 - Official Print By Representative Couture EFFECT: Specifies that certain requirements related to conducting searches of individuals confined at a jail do not authorize or require the jail to compel correctional or public safety personnel to disclose the personnel's gender identity or conduct a strip search inconsistent with the personnel's gender identity.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1604-S AMH COUT PATT 350 1 - Official Print By Representative Couture EFFECT: Specifies that certain requirements related to conducting searches of individuals confined at a jail do not authorize or require the jail to compel correctional or public safety personnel to disclose the personnel's gender identity or conduct a strip search inconsistent with the personnel's gender identity.
1604-S AMH COUT PATT 350 SHB 1604 - H AMD 1491 NOT ADOPTED 02/04/2026 On page 2, line 39, after "(5)" insert "Nothing in this section shall be interpreted to authorize or require a jail to compel any correctional personnel or public safety personnel to: (a) Disclose the personnel's gender identity; or (b) Conduct a strip search inconsistent with the personnel’s gender identity.
(6)" On page 4, after line 18, insert the following: "(10) Nothing in this section shall be interpreted to authorize or require a jail to compel any correctional personnel or public safety personnel to: (a) Disclose the personnel's gender identity; or (b) Conduct a strip search inconsistent with the personnel's gender identity." --- END

1604-S AMH WALJ LANG 186

1492 • Walsh

NOT ADOPTED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1604-S AMH WALJ LANG 186 1 - Official Print By Representative Walsh 1604-S AMH WALJ LANG 186 SHB 1604 - H AMD 1492 NOT ADOPTED 02/04/2026 On page 1, after line 5, insert the following: "NEW SECTION.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1604-S AMH WALJ LANG 186 1 - Official Print By Representative Walsh 1604-S AMH WALJ LANG 186 SHB 1604 - H AMD 1492 NOT ADOPTED 02/04/2026 On page 1, after line 5, insert the following: "NEW SECTION.
Sec.
1.
The legislature acknowledges the holding in Jordan v.

1604-S AMH ABEL PATT 353

1493 • Abell

NOT ADOPTED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1604-S AMH ABEL PATT 353 1 - Official Print By Representative Abell 1604-S AMH ABEL PATT 353 SHB 1604 - H AMD 1493 NOT ADOPTED 02/04/2026 On page 2, line 37, after "(4)" insert "(a) Notwithstanding any other provision of law, a person employed by a jail may request an accommodation exempting the employee from being required to perform a duty under this section if performance of the duty would conflict with the employee's sincerely held religious belief or practice.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1604-S AMH ABEL PATT 353 1 - Official Print By Representative Abell 1604-S AMH ABEL PATT 353 SHB 1604 - H AMD 1493 NOT ADOPTED 02/04/2026 On page 2, line 37, after "(4)" insert "(a) Notwithstanding any other provision of law, a person employed by a jail may request an accommodation exempting the employee from being required to perform a duty under this section if performance of the duty would conflict with the employee's sincerely held religious belief or practice.
(b) Any request for an accommodation pursuant to this section must be submitted in writing to the employing facility and identify: (i) The specific duty for which the employee seeks an exemption; and (ii) The sincerely held religious belief or practice that conflicts with the duty.
(c) The employing facility shall promptly review each request it receives for an accommodation pursuant to this section.
Except as provided under (d) of this subsection, the employing facility must grant the accommodation if: (i) The request is based on a conflict with a sincerely held religious belief or practice; and (ii) Granting the accommodation would not compromise safety or impose an undue hardship on the operation of the employing facility.

1604-S AMH MARS LANG 187

1494 • Marshall

NOT ADOPTED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1604-S AMH MARS LANG 187 1 - Official Print By Representative Marshall EFFECT:  Requires strip searches at jails designated as housing only male or female individuals to be conducted by correctional staff of 1604-S AMH MARS LANG 187 SHB 1604 - H AMD 1494 NOT ADOPTED 02/04/2026 On page 2, line 5, after "(c)" strike all material through "identity" on line 15 and insert "Strip searches must conform with the requirements of RCW 10.79.100.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1604-S AMH MARS LANG 187 1 - Official Print By Representative Marshall EFFECT:  Requires strip searches at jails designated as housing only male or female individuals to be conducted by correctional staff of 1604-S AMH MARS LANG 187 SHB 1604 - H AMD 1494 NOT ADOPTED 02/04/2026 On page 2, line 5, after "(c)" strike all material through "identity" on line 15 and insert "Strip searches must conform with the requirements of RCW 10.79.100.
(i) For a jail or local correctional facility designated as housing only male or only female individuals, strip searches must be conducted by correctional staff of the same sex as the population housed at that facility.
(ii) For a jail or local correctional facility that houses both male and female individuals, strip searches must be conducted by correctional staff of the same sex as the individual's assigned housing placement at the time of the search.
(iii) Nothing in this subsection prohibits a licensed medical professional from conducting a strip search of an individual of either sex when acting within the scope of their professional duties" On page 4, beginning on line 3, after "section," strike "in accordance with section 1 of this act," On page 4, beginning on line 4, after "performed" strike "or observed" On page 4, beginning on line 6, after "searched." strike all material through "identity." on line 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1604-S AMH MARS LANG 187 2 - Official Print the same sex as the individuals housed at the facility and requires strip searches at jails housing both male and female individuals to be conducted by correctional staff of the same sex as the individual's assigned housing placement at the time of the search.

1604-S AMH BURN PATT 352

1495 • Burnett

NOT ADOPTED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1604-S AMH BURN PATT 352 1 - Official Print By Representative Burnett 1604-S AMH BURN PATT 352 SHB 1604 - H AMD 1495 NOT ADOPTED 02/04/2026 On page 2, after line 40, insert the following: "(6) For the purposes of this section, "exigent circumstances" means circumstances requiring immediate action, where delay would materially compromise safety, security, or the preservation of evidence, including but not limited to: (a) Imminent threats to safety; (b) Suspicion of weapons or contraband; (c) Escape or serious security breaches; (d) Medical emergencies; (e) Mental health and self-harm crises; (f) Operational emergencies; (g) Post-incident evidence preservation; (h) Staffing shortages or unavailability at the time of a search; and (i) Transporting of inmates or external movement emergencies." On page 4, beginning on line 16, after "exist" strike all material through "facility" on line 18 and insert ".

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1604-S AMH BURN PATT 352 1 - Official Print By Representative Burnett 1604-S AMH BURN PATT 352 SHB 1604 - H AMD 1495 NOT ADOPTED 02/04/2026 On page 2, after line 40, insert the following: "(6) For the purposes of this section, "exigent circumstances" means circumstances requiring immediate action, where delay would materially compromise safety, security, or the preservation of evidence, including but not limited to: (a) Imminent threats to safety; (b) Suspicion of weapons or contraband; (c) Escape or serious security breaches; (d) Medical emergencies; (e) Mental health and self-harm crises; (f) Operational emergencies; (g) Post-incident evidence preservation; (h) Staffing shortages or unavailability at the time of a search; and (i) Transporting of inmates or external movement emergencies." On page 4, beginning on line 16, after "exist" strike all material through "facility" on line 18 and insert ".
For the purposes of this section, "exigent circumstances" means circumstances requiring immediate action, where delay would materially compromise safety, security, or the preservation of evidence, including but not limited to: (a) Imminent threats to safety; (b) Suspicion of weapons or contraband; (c) Escape or serious security breaches; (d) Medical emergencies; (e) Mental health and self-harm crises; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1604-S AMH BURN PATT 352 2 - Official Print EFFECT: Specifies that for purposes of certain requirements related to conducting searches of individuals confined at a jail, exigent circumstances are circumstances requiring immediate action, where delay would materially compromise safety, security, or the preservation of evidence, including but not limited to certain examples.
(f) Operational emergencies; (g) Post-incident evidence preservation; (h) Staffing shortages or unavailability at the time of a search; and (i) Transporting of inmates or external movement emergencies" --- END

1604-S AMH BURN PATT 356

1496 • Burnett

NOT ADOPTED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1604-S AMH BURN PATT 356 1 - Official Print By Representative Burnett EFFECT: Prohibits an inmate in the custody of a jail from asserting a change of gender identity more than once within any six- month period for purposes of housing the inmate or conducting a search based on the inmate's most recently asserted gender identity.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1604-S AMH BURN PATT 356 1 - Official Print By Representative Burnett EFFECT: Prohibits an inmate in the custody of a jail from asserting a change of gender identity more than once within any six- month period for purposes of housing the inmate or conducting a search based on the inmate's most recently asserted gender identity.
1604-S AMH BURN PATT 356 SHB 1604 - H AMD 1496 NOT ADOPTED 02/04/2026 On page 4, after line 18, insert the following: "NEW SECTION.
Sec.
3.

1604-S AMH JACO PATT 351

1497 • Jacobsen

NOT ADOPTED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1604-S AMH JACO PATT 351 1 - Official Print By Representative Jacobsen 1604-S AMH JACO PATT 351 SHB 1604 - H AMD 1497 NOT ADOPTED 02/04/2026 On page 4, after line 18, insert the following: "NEW SECTION.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1604-S AMH JACO PATT 351 1 - Official Print By Representative Jacobsen 1604-S AMH JACO PATT 351 SHB 1604 - H AMD 1497 NOT ADOPTED 02/04/2026 On page 4, after line 18, insert the following: "NEW SECTION.
Sec.
3.
A new section is added to chapter 70.48 RCW to read as follows: (1) If a correctional or jail employee determines that a search of an inmate in the custody of a jail is necessary, and a qualifying person authorized to conduct the search under this chapter is not immediately available, the jail may temporarily restrain the inmate for the sole purpose of maintaining safety and security until such time as a qualifying person becomes available to conduct the search.

1604-S AMH JACO PATT 354

1498 • Jacobsen

WITHDRAWN

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1604-S AMH JACO PATT 354 1 - Official Print By Representative Jacobsen EFFECT: Prohibits a jail from assigning an inmate who is biologically female, and who has a documented history of being a victim of sexual violence, to share a room or cell with any other inmate of the opposite biological sex.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1604-S AMH JACO PATT 354 1 - Official Print By Representative Jacobsen EFFECT: Prohibits a jail from assigning an inmate who is biologically female, and who has a documented history of being a victim of sexual violence, to share a room or cell with any other inmate of the opposite biological sex.
1604-S AMH JACO PATT 354 SHB 1604 - H AMD 1498 WITHDRAWN 02/04/2026 On page 4, after line 18, insert the following: "NEW SECTION.
Sec.
3.

1604-S.E AMS FORT S5738.1

854 • Fortunato

NOT ADOPTED

Plain English: 1604-S.E AMS FORT S5738.1 ESHB 1604 - S AMD 854 By Senator Fortunato NOT ADOPTED 03/03/2026 On page 2, beginning on line 6, after "be" strike all material 1 through "identity" on line 15 and insert "conducted only by a medical 2 professional.

1604-S.E AMS FORT S5738.1 ESHB 1604 - S AMD 854 By Senator Fortunato NOT ADOPTED 03/03/2026 On page 2, beginning on line 6, after "be" strike all material 1 through "identity" on line 15 and insert "conducted only by a medical 2 professional.
For the purposes of this subsection, "medical 3 professional" includes registered nurses, advanced practice 4 registered nurses, physicians, and physician assistants"5 On page 3, line 7, after "physician," insert " advanced practice 6 registered nurse," 7 On page 4, beginning on line 7, after " the" strike all material 8 through " identity" on line 14 and insert " search of the individual 9 shall be conducted by a medical professional.
For the purposes of 10 this subsection, "medical professional" includes registered nurses, 11 advanced practice registered nurses, physicians, and physician 12 assistants" 13 EFFECT: Requires body cavity searches and strip searches to only be conducted by a medical professional, and defines medical professional to include registered nurses, advanced practice registered nurses, physicians, or physician's assistants.
END --- Code Rev/MW:jcm 1 S-5738.1/26

1604-S.E AMS CHRI S5739.1

857 • Christian

NOT ADOPTED

Plain English: 1604-S.E AMS CHRI S5739.1 ESHB 1604 - S AMD 857 By Senator Christian NOT ADOPTED 03/03/2026 On page 2, line 37, after " (4)" insert " (a) Notwithstanding any 1 other provision of law, a person employed by a jail may request an 2 accommodation exempting the staff member from being required to 3 perform a duty under this section if performance of the duty would 4 conflict with the staff's sincerely held religious belief or 5 practice.

1604-S.E AMS CHRI S5739.1 ESHB 1604 - S AMD 857 By Senator Christian NOT ADOPTED 03/03/2026 On page 2, line 37, after " (4)" insert " (a) Notwithstanding any 1 other provision of law, a person employed by a jail may request an 2 accommodation exempting the staff member from being required to 3 perform a duty under this section if performance of the duty would 4 conflict with the staff's sincerely held religious belief or 5 practice.
6 (b) Any request for an accommodation pursuant to this subsection 7 must be submitted in writing to the employing facility and identify:8 (i) The specific duty for which the staff seeks an exemption; and9 (ii) The sincerely held religious belief or practice that 10 conflicts with the duty.
11 (c) The employing facility shall promptly review each request it 12 receives for an accommodation pursuant to this subsection.
Except as 13 provided under (d) of this subsection, the employing facility shall 14 grant the accommodation if: 15 (i) The request is based on a conflict with a sincerely held 16 religious belief or practice; and 17 (ii) Granting the accommodation would not compromise the safety 18 of or impose an undue hardship on the operation of the employing 19 facility.

Bill History

2026-02-04 House
1st substitute bill substituted.

Official Summary Text

Jail searches/gender

Current Bill Text

Read the full stored bill text

AN ACT Relating to providing parameters for conducting searches 1
of transgender and intersex individuals confined in a local jail in 2
compliance with federal law; amending RCW 10.79.100; and adding a new 3
section to chapter 70.48 RCW. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. A new section is added to chapter 70.48 6
RCW to read as follows: 7
(1) Local jail administrators shall develop and implement 8
policies and procedures for conducting a search of a transgender or 9
intersex individual confined at the jail that are, at a minimum, in 10
compliance with this section and the federal prison rape elimination 11
act, 34 U.S.C. Sec. 30301 et seq., and its regulations, as they 12
existed on January 1, 2025. 13
(a) A search or physical examination may not be conducted on a 14
transgender or intersex individual confined at the jail for the sole 15
purpose of determining the individual's genital status. If the 16
individual's genital status is unknown, it may be determined during 17
conversations with the individual, by reviewing medical records, or, 18
if necessary, by learning that information as part of a broader 19
medical examination conducted in private by a medical practitioner.20
H-0788.1
HOUSE BILL 1604
State of Washington 69th Legislature 2025 Regular Session
By Representatives Salahuddin, Walen, Peterson, Farivar, Ramel,
Gregerson, Parshley, Reed, Ormsby, Kloba, Duerr, and Hill
Read first time 01/27/25. Referred to Committee on Community Safety.
p. 1 HB 1604
(b) A jail shall train security staff in how to conduct cross 1
gender searches, and searches of transgender and intersex 2
individuals, in a professional and respectful manner, and in the 3
least intrusive manner possible, consistent with security needs.4
(c) Following the requirements of RCW 10.79.100, searches of 5
transgender or intersex individuals at the jail must be one of the 6
following: 7
(i) Searches conducted only by a medical professional;8
(ii) Searches of adult individuals conducted by female staff 9
only; 10
(iii) Asking the individual to identify the gender of staff with 11
whom the individual would feel most comfortable conducting the 12
search; or 13
(iv) Searches conducted in accordance with the individual's 14
stated gender identity. 15
(d) The jail shall implement policies and procedures that enable 16
individuals confined at the jail to shower, perform bodily functions, 17
and change clothing without nonmedical staff of the opposite gender 18
viewing their breasts, buttocks, or genitalia, except in exigent 19
circumstances or when such viewing is incidental to routine cell 20
checks. Such policies and procedures shall require staff of the 21
opposite gender to announce their presence when entering a housing 22
unit. 23
(e) The inability of a jail to make available female correctional 24
staff who are trained to perform searches of transgender or intersex 25
individuals is not an exigent circumstance justifying a cross gender 26
search. 27
(2) Searches may not be conducted based solely on the gender 28
designation of the facility without considering other factors 29
including but not limited to the gender identity or expression of the 30
individual or the individual's preference regarding the gender of the 31
person conducting the search. 32
(3) Searches may be conducted by an individual of a different 33
gender only when exigent circumstances exist requiring immediate 34
action to respond to a threat to the security or institutional order 35
of a facility. 36
(4) Local jails shall adopt and implement standards that comply 37
with the requirements of this section by September 1, 2025.38
(5) For the purposes of this section, "gender identity" has the 39
same meaning as defined in RCW 74.09.875. 40
p. 2 HB 1604
Sec. 2. RCW 10.79.100 and 1983 1st ex.s. c 42 s 5 are each 1
amended to read as follows: 2
(1) Persons conducting a strip search shall not touch the person 3
being searched except as reasonably necessary to effectuate the strip 4
search of the person. 5
(2) Any body cavity search must be performed under sanitary 6
conditions and conducted by a physician, registered nurse, or 7
((physician's)) physician assistant, licensed to practice in this 8
state, who is trained in the proper medical process and the potential 9
health problems associated with a body cavity search. No health 10
professional authorized by this subsection to conduct a body cavity 11
search shall be held liable in any civil action if the search is 12
conducted in a manner that meets the standards and requirements of 13
RCW 4.24.290 and 7.70.040. 14
(3) Except as provided in subsection (7) of this section, a strip 15
search or body cavity search, as well as presearch undressing or 16
postsearch dressing, shall occur at a location made private from the 17
observation of persons not physically conducting the search. ((A 18
strip search or body cavity search shall be performed or observed 19
only by persons of the same sex as the person being searched, except 20
for licensed medical professionals as required by subsection (2) of 21
this section.))22
(4) Except as provided in subsection (5) of this section, no 23
person may be present or observe during the search unless the person 24
is necessary to conduct the search or to ensure the safety of those 25
persons conducting the search. 26
(5) Nothing in this section prohibits a person upon whom a body 27
cavity search is to be performed from having a readily available 28
person of his or her choosing present at the time the search is 29
conducted. However, the person chosen shall not be a person being 30
held in custody by a law enforcement agency. 31
(6) RCW 10.79.080 and this section shall not be interpreted as 32
expanding or diminishing the authority of a law enforcement officer 33
with respect to searches incident to arrest or investigatory stop in 34
public. 35
(7) A strip search of a person housed in a holding, detention, or 36
local correctional facility to search for and seize a weapon may be 37
conducted at other than a private location if there arises a specific 38
threat to institutional security that reasonably requires such a 39
p. 3 HB 1604
search or if all persons in the facility are being searched for the 1
discovery of weapons or contraband. 2
(8) Except as otherwise provided in this section, in accordance 3
with section 1 of this act, a strip search shall be performed or 4
observed only by persons of the same gender as the person being 5
searched. In the event of a strip search of a transgender, gender 6
nonconforming, or intersex individual, the individual shall be 7
offered the option of:8
(a) Choosing the gender of the person who will conduct the 9
search;10
(b) Having the search be conducted by a medical professional;11
(c) Having the search be conducted by a female staff; or12
(d) Having the search be conducted in accordance with the 13
individual's stated gender identity.14
(9) Strip searches may be conducted by an individual of a 15
different gender only when exigent circumstances exist requiring 16
immediate action to respond to a threat to the security or 17
institutional order of a facility.18
--- END ---
p. 4 HB 1604