Bill would make some airport screenings sexual assaults

[Prometheus]

Bill Would Make Some Airport Screening Sexual Assault - Manchester News Story - WMUR Manchester


We NEED this passed in Indiana. NOW!

Quote from the bill, NOT the news link above:

AN ACT making the touching or viewing with a technological device of a person’s breasts or genitals by a government security agent without probable cause a sexual assault.

SPONSORS: Rep. Lambert, Hills 27; Rep. Manuse, Rock 5; Rep. L. Jones, Straf 1; Rep. Itse, Rock 9; Rep. Sapareto, Rock 5COMMITTEE: Children and Family LawANALYSIS

This bill makes the touching or viewing with a technological device of a person’s breasts or genitals by a government security agent without probable cause a sexual assault. This bill classifies persons convicted of the offense as tier III offenders under the criminal offenders registry.

STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT making the touching or viewing with a technological device of a person’s breasts or genitals by a government security agent without probable cause a sexual assault. Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; Sexual Assault; Touching or Viewing by Government Security Agent. Amend RSA 632-A:4, I by inserting after subparagraph (c) the following new subparagraph:
(d) When the person, acting in his or her role as a security agent of the federal, state, or local government, touches the genitals or breasts of any other person or touches or views with any technological device the genitals or breasts of any other person without probable cause for such touching or viewing. For purposes of this subparagraph, the following shall not constitute probable cause: discussing or possessing a copy of the Constitution, discussing the security apparatus of an airport, being on the premises of an airport, possessing an airplane ticket or any other type of ticket for access to mass transportation, driving a motor vehicle on a public way, or ownership of firearms.
2 Registration of Criminal Offenders; Definitions; Sexual Offense. Amend RSA 651-B:1, V(a) to read as follows: (a) Capital murder, RSA 630:1, I(e); first degree murder, RSA 630:1-a, I(b)(1); aggravated felonious sexual assault, RSA 632-A:2; felonious sexual assault, 632-A:3; sexual assault, 632-A:4, I(a), RSA 632-A:4, I(d), or RSA 632-A:4, III; violation of privacy, RSA 644:9, I(a) or RSA�644:9, III-a; or a second or subsequent offense within a 5-year period for indecent exposure and lewdness, RSA 645:1, I.3 Registration of Criminal Offenders; Definitions; Offense Against a Child. Amend RSA 651-B:1, VII(a) to read as follows: (a) Any of the following offenses, where the victim was under the age of 18 at the time of the offense: capital murder, RSA 630:1, I(e); first degree murder, RSA 630:1-a, 1(b)(1); aggravated felonious sexual assault, RSA 632-A:2; felonious sexual assault, RSA 632-A:3; sexual assault, RSA�632-A:4, I(a), RSA 632-A:4, I(d), or RSA 632-A:4, III; kidnapping, RSA 633:1; criminal restraint, RSA 633:2; false imprisonment, RSA 633:3; incest, RSA 639:2; violation of privacy, RSA�644:9, I(a) or RSA 644:9, III-a; a second or subsequent offense within a 5-year period for indecent exposure and lewdness, RSA 645:1, I; indecent exposure and lewdness, RSA 645:1, II and RSA 645:1, III; or prostitution, RSA 645:2.4 Registration of Criminal Offenders; Definitions; Tier III Offender. Amend RSA 651-B:1, X(a) to read as follows: (a) RSA 630:1, I(e), RSA 630:1-a, I(b)(1), RSA 632-A:2, RSA 632-A:3, III, RSA 632-A:3, IV if the victim was under the age of 13, RSA 632-A:4, I(d), RSA 633:1; or RSA 639:2.5 Effective Date. This act shall take effect 90 days after its passage.

Bold and color is my emphasis.

That is so full of awesome, it's astounding!

 

[spitfire51]

I was hoping that the initial furor over the "enhanced" TSA procedures wouldn't completely go away when the next big news story started. Glad to see someone still standing up to these thugs.

 

[Yamaha]

new hampshire has their heads glued on straight....

 

[Marc]

if that gets passed then no one will touch me

 

[Arthur Dent]

The New Hampshire state motto is "Live Free or Die." Thank goodness they mean it.

 

[Boiled Owl]

Man it gets tiring. More laws to follow dumb laws. The real issue is the freaking scanners and pat downs. Boycott them! IE: commercial aviation and they will go away.

 

[leftsock]

if that gets passed then no one will touch me

I'm sure we can get a group of people together to gang-touch you.

 

[gunowner930]

This helps undermine the TSA. Hopefully we can abolish them eventually.

 

[Marc]

I'm sure we can get a group of people together to gang-touch you.

WOOHOO

 

[level.eleven]

The TSA isn't going anywhere and their tactics and procedures will not be scaled back unless something shinier comes along. Federal government beauracrices simply do not work that way.

 

[rich8483]

when i had a construction job outdoors in winter, atleast half a dozen times a day, someone would say "i cant feel my ass" which was always followed by "well, im not feelin' it for ya"

 

[Pocketman]

Since the skies are subject to FAA regulation, there's probably a means for the federal government to circumvent any state legislation. Fine print legaleeze on the ticket, something to the effect "as a commercial aircraft passenger I consent to being searched and probed and waive my protection under the 4th Amendment" Courts have already upheld the reasonablness of searching carry on luggage. This is the pragmatist in me.

 

[ElsiePeaRN]

I like the idea of this, but if it were to pass, I can envision the FAA simply banning any flight originating in New Hampshire from landing at a US airport. Not sure where it might go from there. Actually-- I don;t know how the FAA operates. I suppose they can ban any flight from taking off from a NH airport.

 

[spitfire51]

Looks like Texas is also getting on board with this idea. Found this on an airline forum...

New Legislation says “No!” to TSA in Texas

http://s7.addthis.com/static/btn/v2/lg-share-en.gif

Written by: Brian Roberts


Rep. David Simpson (R-Longview) introduced a package of bills into the Texas House of Representatives on Tuesday that would challenge the TSA’s authority in a number of ways. The first bill, HB 1938, prohibits full body scanning equipment in any Texas airport and provides for criminal and civil penalties on any airport operator who installs the equipment. The second bill, HB 1937, criminalizes touching without consent and searches without probable cause.
HB 1938 reads in part:

(b) An airport operator may not allow body imaging scanning equipment to be installed or operated in any airport in this state.
(c) An airport operator commits an offense if the operator fails to comply with Subsection (b).
(d) An airport operator who commits an offense under Subsection (c) is subject to a civil penalty in an amount not to exceed $1,000 for each day of the violation.
​

HB 1937 includes the following:

(3) as part of a search performed to grant access to a publicly accessible building or form of transportation, intentionally, knowingly, or recklessly:
(A) searches another person without probable cause to believe the person committed an offense; and
(B) touches the anus, sexual organ, or breasts of the other person, including touching through clothing, or touches the other person in a manner that would be offensive to a reasonable person.
(f) …. An offense under Subsection (a)(3) is a state jail felony.
​

Both bills empower the Texas Attorney General to bring suit in court.
The TSA will likely challenge such a law, but the Texas legislature stands on solid ground. Local governments control airports and no enumerated power in the Constitution gives the federal government the authority to regulate them. Under the Tenth Amendment, airport operation falls under state jurisdiction.
TSA regulations allow for passengers to refuse the body scans, but they must instead submit to an intrusive full-body pat down. This package addresses both issues. The HB 1938 legislation addresses the physical installation of full-body scans, and HB 1937 addresses the problematic constitutional issues of TSA security screening procedures. Random full-body scans and pat downs in the absence of probable cause arguably violates the Fourth Amendment.The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…

http://texas.tenthamendmentcenter.co...-tsa-in-texas/