Bill Summary – FastDemocracy

HOUSE BILL NO. 5831
     June 25, 2024, Introduced by Reps. Johnsen, Aragona, Roth, Prestin, Paquette, DeBoyer, Maddock
        and VanderWall and referred to the Committee on Judiciary.
          A bill to amend 1953 PA 232, entitled
    "Corrections code of 1953,"
    by amending section 69a (MCL 791.269a), as amended by 2012 PA 599.
                      THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 69a. (1) A visitor to a state correctional facility shall
 must not be subjected to a pat down search unless every person
 individual performing or assisting in performing the pat down
 search is of the same biological sex as the person visitor being
 searched. If the necessary personnel are not readily available, a
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 visitor at his or her the visitor's option may waive the provisions
 of this subsection by signing a waiver provided by the department.
 of corrections.
       (2) A strip search that is conducted on a prisoner in a state
 correctional facility must be performed by an individual of the
 same biological sex as the prisoner.
       (3) (2) As used in this section:
       (a) "Biological sex" means the biological indication of male
 or female in the context of reproductive potential or capacity, as
 indicated by sex chromosomes, naturally occurring sex hormones,
 gonads, and nonambiguous internal and external genitalia present at
 birth, without regard to an individual's psychological, chosen, or
 subjective experience of gender.
       (b) (a) "Pat down search" means a search of a person an
 individual in which the person individual conducting the search
 touches the body or clothing, or both, of the person individual
 being searched to detect the presence of concealed objects.
       (c) (b) "State correctional facility" means a facility or
 institution that houses prisoners under the jurisdiction of the
 department.
       (d) "Strip search" means a search that requires an individual
 to remove the individual's clothing to expose underclothing,
 breasts, buttocks, or genitalia.
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Statutes affected: 
House Introduced Bill: 791.269