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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. 1 17-3 02