HB 779 2023
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hb0779-00
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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
A bill to be entitled 1
An act relating to pregnant women in custody; 2
providing a short title; creating s. 907.033, F.S.; 3
requiring that every female who is arrested and not 4
released on bond within 72 hours after arrest be 5
administered a pregnancy test within a specified 6
timeframe, upon her request; requiring that each 7
municipal or county detention facility notify each 8
arrested female upon booking at the facility of her 9
right to request a pregnancy test; providing for the 10
types of pregnancy tests that may be given; defining 11
the term "female"; creating s. 925.13, F.S.; defining 12
the term "pregnant woman"; requiring that, if a 13
pregnant woman is convicted of a crime and sentenced 14
to incarceration of any length, the sentencing judge 15
provide the pregnant woman the opportunity to defer 16
the imposed sentence until a specified time after 17
delivery; authorizing a sentencing judge to order a 18
pregnant woman to comply with certain terms and 19
conditions during the deferral period; requiring that, 20
within 10 days after the deferral period ends and the 21
woman is incarcerated, she be offered and receive, 22
upon her request, specified services; authorizing 23
sanctions for a new criminal conviction or violation 24
of the terms and conditions ordered by the judge; 25
HB 779 2023
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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
requiring municipal and county detention facilities to 26
collect and report to the Department of Corrections, 27
and the department to collect from its own 28
institutions, specified information; requiring the 29
department to quarterly compile and publish the 30
information on its public website; providing 31
requirements for publishing such information; 32
providing an effective date. 33
34
Be It Enacted by the Legislature of the State of Florida: 35
36
Section 1. This act may be cited as "Ava's Law." 37
Section 2. Section 907.033, Florida Statutes, is created 38
to read: 39
907.033 Pregnancy testing of female arrestees. —Every 40
female who is arrested and not released on bond within 72 hours 41
after arrest must, upon her request, be administered a pregnancy 42
test by the county or municipal detention facility as defined in 43
s. 951.23(1) in which she is being held within 24 hours after 44
the request. Upon her booking into the facility, the facility 45
must notify each such arrestee of her right to request a 46
pregnancy test 72 hours after arrest if she is still in custody. 47
The pregnancy test may be conducted by urine or blood tests, 48
ultrasound scan, or any other standard pregnancy testing 49
protocols adopted by the facility. As used in this section, the 50
HB 779 2023
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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
term "female" includes a juvenile or adult woman. 51
Section 3. Section 925.13, Florida Statutes , is created to 52
read: 53
925.13 Sentence deferral for pregnant women. — 54
(1) As used in this section, the term "pregnant woman" 55
means a juvenile or adult woman whose pregnancy has been 56
verified by a pregnancy test or through a medical examination 57
conducted by a health care practitioner. 58
(2) Notwithstanding any other law, the sentence of a 59
pregnant woman who is convicted of a crime and sentenced to 60
incarceration of any length must comply with all of the 61
following requirements: 62
(a) The sentencing judge mus t provide a pregnant woman the 63
opportunity to defer the imposed sentence until 12 weeks after 64
delivery of the baby so that during the deferral period the 65
pregnant woman may receive necessary health care for herself and 66
the unborn child. If the pregnancy en ds at any time before the 67
delivery of the baby, the deferral period will end 12 weeks 68
after the date the pregnancy ends. If the pregnant woman chooses 69
not to defer her sentence, she must be incarcerated as directed 70
by the judge. 71
(b) The sentencing judge may order a pregnant woman whose 72
sentence is deferred to comply with any of the terms and 73
conditions specified in s. 948.03 until such time as she is 74
incarcerated. 75
HB 779 2023
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(c) Within 10 days after the deferral period ends and the 76
woman is incarcerated to serve t he sentence, she must be offered 77
an appropriate assessment by a licensed health care practitioner 78
or a telehealth provider as defined in s. 456.47(1) and, upon 79
the request of the incarcerated woman, the licensed health care 80
practitioner or telehealth provi der shall provide a postpartum 81
assessment, including the need for any necessary medical tests, 82
procedures, lactation support, mental health support, or 83
treatments associated with the mother's postpartum condition. 84
The Department of Corrections and municipa l and county detention 85
facilities shall develop and offer such assessments and 86
treatments in consultation with community support organizations, 87
licensed health care practitioners, social services programs, 88
and local and state government agencies, including nonprofit 89
organizations. 90
(3) If, during the deferral period, the pregnant woman is 91
convicted of a new crime or violates any of the conditions 92
imposed by the sentencing judge, the judge may impose any 93
sanction that may be imposed under s. 948.06, includi ng an order 94
requiring the incarceration of the pregnant woman to serve the 95
sentence for which the deferral was granted. 96
(4)(a) The Department of Corrections shall collect from 97
its own institutions, and each municipal and county detention 98
facility, as defined in s. 951.23(1), shall collect and report 99
to the department, all of the following information, which the 100
HB 779 2023
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department shall compile and publish quarterly on its public 101
website: 102
1. The total number of pregnant women who receive a 103
sentence deferral under paragraph (2)(a). 104
2. The total number of women who receive or who decline an 105
assessment under paragraph (2)(c). 106
3. The total number of births, including the number of 107
live births and stillbirths, to women whose sentences are 108
deferred, and the gestational age and birth weight of each 109
infant at the time of birth or stillbirth. 110
4. The total number of women who experienc e complications 111
during pregnancy and the type of complications experienced. 112
5. The total number of women who experience miscarriages. 113
6. The total number of women who refuse to provide 114
information regarding the outcome of their pregnancies as 115
indicated in subparagraphs 3., 4., and 5. 116
(b) The information published pursuant to paragraph (a) 117
must exclude personally identifying information and must comply 118
with state and federal confidentiality laws. 119
Section 4. This act shall take effect July 1, 2023. 120