Text of WA HB 1604 (2026)

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 and Walen 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; or 12 (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

CERTIFICATION OF ENROLLMENT ENGROSSED SUBSTITUTE HOUSE BILL 1604 Chapter 17, Laws of 2026 69th Legislature 2026 Regular Session LOCAL JAILS—SEARCHES OF TRANSGENDER AND INTERSEX INDIVIDUALS EFFECTIVE DATE: June 11, 2026 Passed by the House February 4, 2026 Yeas 56 Nays 39 LAURIE JINKINS Speaker of the House of Representatives Passed by the Senate March 3, 2026 Yeas 30 Nays 19 DENNY HECK President of the Senate CERTIFICATE I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 1604 as passed by the House of Representatives and the Senate on the dates hereon set forth. BERNARD DEAN Chief Clerk Approved March 11, 2026 10:07 AM FILED March 12, 2026 BOB FERGUSON Governor of the State of Washington Secretary of State State of Washington 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 ENGROSSED SUBSTITUTE HOUSE BILL 1604 Passed Legislature - 2026 Regular Session State of Washington 69th Legislature 2025 Regular Session By House Community Safety (originally sponsored by Representatives Salahuddin, Walen, Peterson, Farivar, Ramel, Gregerson, Parshley, Reed, Ormsby, Kloba, Duerr, and Hill) READ FIRST TIME 02/21/25. p. 1 ESHB 1604.SL (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, strip searches 5 of 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, 2026. 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 ESHB 1604.SL 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 ESHB 1604.SL 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; or 12 (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 Passed by the House February 4, 2026. Passed by the Senate March 3, 2026. Approved by the Governor March 11, 2026. Filed in Office of Secretary of State March 12, 2026. --- END --- p. 4 ESHB 1604.SL