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2017 Op. Cal. Att'y Gen. 1 (2017)

handle is hein.sag/sagca0165 and id is 1 raw text is: 




TO BE  PUBLISHED   IN THE OFFICIAL   REPORTS


                    OFFICE  OF THE  ATTORNEY GENERAL
                               State of California

                             XAVIER   BECERRA
                               Attorney General




               OPINION                               No. 17-302

                  of                                 July 6, 2017

          XAVIER  BECERRA
          Attorney  General

          CATHERINE  BIDART
        Deputy Attorney General





      THE  HONORABLE VICKI L. HENNESSY, Sheriff of the City and County of
San Francisco, has requested an opinion on the following question:

      Penal Code section 4030, subdivision (k), specifies that any person (other than
medical staff) who conducts, or is present at, or is within sight of, a strip search, body
cavity search, or body scan of specified prearraignment detainees must be the same sex
as the person searched. Does the term sex, as used in this provision, refer to the
searched person's gender, including the person's gender identity and gender expression?

                                CONCLUSION

      Sex as used in Penal Code section 4030, subdivision (k) refers to the searched
person's gender, including the person's gender identity and gender expression.




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