Florida 2022 Regular Session

Florida House Bill H0363 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to pregnant women in custody; 2
16	16	providing a short title; creating s. 907.033, F.S.; 3
17	17	requiring that every female who is arrested and not 4
18	18	released on bond within 72 hours after arrest be 5
19	19	administered a pregnancy test within a specified 6
20	20	timeframe, upon her request; requiring that each 7
21	21	municipal or county detention facility notify each 8
22	22	arrested female upon booking at the facility of her 9
23	23	right to request a pregnancy test; providing for the 10
24	24	types of pregnancy tests that may be given; defining 11
25	25	the term "female"; creating s. 925.13, F.S.; defining 12
26	26	the term "pregnant woman"; requiring that, if a 13
27	27	pregnant woman is convicted of a crime and sentenced 14
28	28	to incarceration of any length, the sentencing judge 15
29	29	provide the pregnant woman the opportunity to defer 16
30	30	the imposed sentence until a specified time after 17
31	31	delivery; authorizing a sentencing judge to order a 18
32	32	pregnant woman to comply with certain terms and 19
33	33	conditions during the deferral; requiring that, within 20
34	34	10 days after the deferral period ends and the woman 21
35	35	is incarcerated, she be offered and receive, upon her 22
36	36	request, specified services; authorizing sanctions for 23
37	37	a new criminal conviction or violation of the terms 24
38	38	and conditions ordered by the judge; requiring 25
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40	40	HB 363 2022
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	municipal and county detention facilities to col lect 26
52	52	and report to the Department of Corrections, and the 27
53	53	department to collect from its own institutions, 28
54	54	specified information; requiring the department to 29
55	55	quarterly compile and publish the information on its 30
56	56	public website; providing requirements for pu blishing 31
57	57	such information; providing an effective date. 32
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59	59	Be It Enacted by the Legislature of the State of Florida: 34
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61	61	Section 1. This act may be cited as "Ava's Law." 36
62	62	Section 2. Section 907.033, Florida Statutes, is created 37
63	63	to read: 38
64	64	907.033 Pregnancy testing of female arrestees. —Every 39
65	65	female who is arrested and not released on bond within 72 hours 40
66	66	after arrest must, upon her request, be administered a pregnancy 41
67	67	test by the municipal or county detention facility as defined in 42
68	68	s. 951.23 where she is being held within 24 hours after the 43
69	69	request. Upon her booking into the facility, the facility must 44
70	70	notify each such arrestee of her right to request a pregnancy 45
71	71	test 72 hours after arrest if she is still in custody. The 46
72	72	pregnancy test may be conducted through urine or blood tests, by 47
73	73	ultrasound scan, or by any other standard pregnancy testing 48
74	74	protocols adopted by the facility. As used in this section, the 49
75	75	term "female" includes a juvenile or adult woman. 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	Section 3. Section 925.13, Florida Statutes, is created to 51
89	89	read: 52
90	90	925.13 Sentence deferral for pregnant women. — 53
91	91	(1) As used in this section, the term "pregnant woman" 54
92	92	means a juvenile or adult woman whose pregnancy has been 55
93	93	verified by a pregnancy test or through a medical examination 56
94	94	conducted by a health care practitioner. 57
95	95	(2) Notwithstanding any other law, the sentence of a 58
96	96	pregnant woman who is convicted of a crime and sentenced to 59
97	97	incarceration of any length must comply with all of the 60
98	98	following requirements: 61
99	99	(a) The sentencing judge must provide a pregnant woman the 62
100	100	opportunity to defer the imposed sentence until 12 weeks after 63
101	101	delivery of the baby so that during the deferral period the 64
102	102	pregnant woman may receive necessary health care for herself and 65
103	103	the unborn child. If the pregnancy ends at any time before the 66
104	104	delivery of the baby, the deferral period will end 12 weeks from 67
105	105	the date the pregnancy ends. If the pregnant woman chooses not 68
106	106	to defer her sentence, she must be incarcerated as directed by 69
107	107	the judge. 70
108	108	(b) The sentencing judge may order a pregnant woman whose 71
109	109	sentence is deferred to comply with any of the terms and 72
110	110	conditions specified in s. 948.03 until such time as she is 73
111	111	incarcerated. 74
112	112	(c) Within 10 days after the deferral period ends and the 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	woman is incarcerated to serve the sentence, she must be offered 76
126	126	an appropriate assessment by a licensed health care practitioner 77
127	127	or a telehealth provider as defined in s. 456.47, and, upon the 78
128	128	request of the incarcerated woman, the licensed health care 79
129	129	practitioner or telehealth provider s hall provide a postpartum 80
130	130	assessment, including the need for any necessary medical tests, 81
131	131	procedures, lactation support, mental health support, or 82
132	132	treatments associated with her postpartum condition. The 83
133	133	Department of Corrections and municipal and county d etention 84
134	134	facilities shall develop and offer such assessments and 85
135	135	treatments in consultation with community support organizations, 86
136	136	licensed health care practitioners, social services programs, 87
137	137	and local and state government agencies, including nonprofit 88
138	138	organizations. 89
139	139	(3) If, during the deferral period, the pregnant woman is 90
140	140	convicted of a new crime or violates any of the conditions 91
141	141	imposed by the sentencing judge, the judge may impose any 92
142	142	sanction that may be imposed under s. 948.06, including an order 93
143	143	requiring the incarceration of the pregnant woman to serve the 94
144	144	sentence for which the deferral was granted. 95
145	145	(4)(a) The Department of Corrections shall collect from 96
146	146	its own institutions, and each municipal and county detention 97
147	147	facility, as those terms are defined in s. 951.23, shall collect 98
148	148	and report to the department, all of the following information, 99
149	149	which the department shall compile and publish quarterly on its 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	public website: 101
163	163	1. The total number of pregnant women who receive a 102
164	164	sentence deferral under paragraph (2)(a); 103
165	165	2. The total number of women who receive or who decline an 104
166	166	assessment under paragraph (2)(c); 105
167	167	3. The total number of births, including the number of 106
168	168	live births and stillbirths, to women whose sentences are 107
169	169	deferred, and the gestational age and birth weight of each 108
170	170	infant at the time of birth or stillbirth; 109
171	171	4. The total number of women who experience complications 110
172	172	during pregnancy and the type of complications experienced; 111
173	173	5. The total number of women who experience miscarriages; 112
174	174	and 113
175	175	6. The total number of women who refuse to provide 114
176	176	information regarding the outcome of their pregnan cies as 115
177	177	indicated in subparagraphs 3., 4., and 5. 116
178	178	(b) The information published pursuant to paragraph (a) 117
179	179	must exclude personally identifying information and must comply 118
180	180	with state and federal confidentiality laws. 119
181	181	Section 4. This act shall take effe ct July 1, 2022. 120