FL
Florida House Bill H0779

Florida 2023 Regular Session

Florida House Bill H0779 Compare Versions

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1010 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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1414 A bill to be entitled 1
1515 An act relating to pregnant women in the criminal 2
1616 justice system; providing a short title; creating s. 3
1717 907.033, F.S.; requiring each female arrested and 4
1818 detained in specified detention facilities to be 5
1919 informed of her right to request a pregnancy test in 6
2020 certain circumstances; requiring administration of 7
2121 such a test within a specified timeframe; requiring 8
2222 timely notification of the test results; providing for 9
2323 the types of pregnancy tests that may be given; 10
2424 creating s. 925.13, F.S.; authorizing a pregnant woman 11
25-who is before the court for a felony offense for which 12
26-the court is authorized to impose a term of 13
27-incarceration in a state correctional institution to 14
28-petition the court to defer the incarcerative portion 15
29-of her sentence for a specified period of time ; 16
30-requiring a petitioning woman to provide verification 17
31-that she is pregnant; providing factors a court must 18
32-take into account when determining whether to grant 19
33-such a petition; requiring a court that grants such a 20
34-petition to place the pregnant woman on p robation 21
35-until she is incarcerated; requiring a special 22
36-condition of probation; authorizing a court to revoke 23
37-probation or impose sanctions if the pregnant woman 24
38-granted such a deferred sentence is arrested for 25
25+who is convicted of a felony to petition, at the time 12
26+of sentencing, the court to defer the incarcerative 13
27+portion of her sentence for a specified per iod of 14
28+time; requiring a petitioning woman to provide 15
29+verification that she is pregnant; providing factors a 16
30+court must take into account when determining whether 17
31+to grant such a petition; requiring a court that 18
32+grants such a petition to place the pregnant woman on 19
33+probation until she is incarcerated; requiring a 20
34+special condition of probation; authorizing a court to 21
35+revoke probation or impose sanctions if the pregnant 22
36+woman granted such a deferred sentence is arrested for 23
37+committing a new offense or violat es conditions of 24
38+probation; amending s. 944.24, F.S.; requiring the 25
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4747 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-committing a new offense or violates conditio ns of 26
52-probation; amending s. 944.24, F.S.; requiring the 27
53-Department of Corrections to collect specified 28
54-information relating to births during a woman's term 29
55-of imprisonment and the health of pregnant inmates; 30
56-requiring the department to submit an annual re port; 31
57-requiring exclusion of personally identifying 32
58-information; providing an effective date. 33
51+Department of Corrections to collect specified 26
52+information relating to births during a woman's term 27
53+of imprisonment and the health of pregnant inmates; 28
54+requiring the department to submit a n annual report; 29
55+requiring exclusion of personally identifying 30
56+information; providing an effective date. 31
57+ 32
58+Be It Enacted by the Legislature of the State of Florida: 33
5959 34
60-Be It Enacted by the Legislature of the State of Florida: 35
61- 36
62- Section 1. This act may be cited as "Ava's Law." 37
63- Section 2. Section 907.033, Florida Statu tes, is created 38
64-to read: 39
65- 907.033 Pregnancy testing of female arrestees. — 40
66- (1)(a) Every female who is arrested and detained in either 41
67-a county detention facility or a municipal detention facility, 42
68-as those terms are defined in s. 951.23(1), or a detentio n 43
69-center or facility, as defined in s. 985.03(19), must: 44
70- 1. Upon her initial booking into the facility, be informed 45
71-of her right to request a pregnancy test if she is still in 46
72-custody 72 hours after her arrest. 47
73- 2. If she is still in custody 72 hours af ter her arrest, 48
74-upon request, be administered a pregnancy test within 24 hours 49
75-after making such request. 50
60+ Section 1. This act may be cited as "Ava's Law." 35
61+ Section 2. Section 907.033, Fl orida Statutes, is created 36
62+to read: 37
63+ 907.033 Pregnancy testing of female arrestees. — 38
64+ (1)(a) Every female who is arrested and detained in either 39
65+a county detention facility or a municipal detention facility, 40
66+as those terms are defined in s. 951.23(1), or a detention 41
67+center or facility, as defined in s. 985.03(19), must: 42
68+ 1. Upon her initial booking into the facility, be informed 43
69+of her right to request a pregnancy test if she is still in 44
70+custody 72 hours after her arrest. 45
71+ 2. If she is still in custody 72 hours after her arrest, 46
72+upon request, be administered a pregnancy test within 24 hours 47
73+after making such request. 48
74+ (b) A facility must timely inform the female of the 49
75+results of the pregnancy test. 50
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8484 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- (b) A facility must timely inform the female of the 51
89-results of the pregnancy test. 52
90- (2) The pregnancy test may be conducted by a urine or 53
91-blood test, ultrasound scan, or any other standard pregnancy 54
92-testing protocols adopted by the facility. 55
93- Section 3. Section 925.13, Florida Statutes, is created to 56
94-read: 57
95- 925.13 Sentence deferral for pregnant women. — 58
96- (1)(a) Notwithstanding any other law, a pr egnant woman who 59
97-is before the court for a felony offense for which the court is 60
98-authorized to impose a term of incarceration in a state 61
99-correctional institution, as defined in s. 944.02, may, at any 62
100-time before the imposition of her sentence by the court, 63
101-petition the sentencing court to defer the incarcerative portion 64
102-of her sentence for up to 12 weeks after the pregnant woman 65
103-gives birth to a child or the pregnancy ends, whichever occurs 66
104-sooner. 67
105- (b) A pregnant woman who petitions to defer her sentence 68
106-must provide verifiable proof of her pregnancy to the court 69
107-along with the petition for sentence deferral. Verifiable proof 70
108-may be demonstrated by providing records pursuant to a medical 71
109-examination or by other suitable means as determined by the 72
110-court. 73
111- (c) In determining whether to grant a petition for 74
112-sentence deferral, the sentencing court must consider the 75
88+ (2) The pregnancy test may be conducted by a urine o r 51
89+blood test, ultrasound scan, or any other standard pregnancy 52
90+testing protocols adopted by the facility. 53
91+ Section 3. Section 925.13, Florida Statutes, is created to 54
92+read: 55
93+ 925.13 Sentence deferral for pregnant women. — 56
94+ (1)(a) Notwithstanding any othe r law, a pregnant woman who 57
95+is convicted of a felony and sentenced to a term of 58
96+incarceration in a state correctional institution, as defined in 59
97+s. 944.02, may, at the time of sentencing, petition the 60
98+sentencing court to defer the incarcerative portion of her 61
99+sentence for up to 12 weeks after the pregnant woman gives birth 62
100+to a child or the pregnancy ends, whichever occurs sooner. 63
101+ (b) A pregnant woman who petitions to defer her sentence 64
102+must provide verifiable proof of her pregnancy to the court 65
103+along with the petition for sentence deferral. Verifiable proof 66
104+may be demonstrated by providing records pursuant to a medical 67
105+examination or by other suitable means as determined by the 68
106+court. 69
107+ (c) In determining whether to grant a petition for 70
108+sentence deferral, the sentencing court must consider the 71
109+severity of the offense for which the pregnant woman was 72
110+convicted, the pregnant woman's prior criminal history, whether 73
111+deferring the incarcerative portion of the pregnant woman's 74
112+sentence poses a danger to the community, the health of the 75
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121121 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-severity of the offense for which the pregnant woman was 76
126-convicted, the pregnant woman's prior criminal history, whether 77
127-deferring the incarcerativ e portion of the pregnant woman's 78
128-sentence poses a danger to the community, the health of the 79
129-pregnant woman, and any special circumstances related to the 80
130-woman's pregnancy. 81
131- (2) If the sentencing court grants a pregnant woman's 82
132-petition to defer the inca rcerative portion of her sentence, the 83
133-court must place the pregnant woman on probation, as defined in 84
134-s. 948.001(8), until the pregnant woman is incarcerated. The 85
135-sentencing court must require, in addition to the standard 86
136-conditions of probation in s. 948 .03, the pregnant woman to 87
137-timely inform her probation officer if she gives birth or her 88
138-pregnancy ends. The court may order electronic monitoring as a 89
139-condition of probation when deemed necessary. 90
140- (3) If a court grants a pregnant woman's petition to de fer 91
141-the incarcerative portion of her sentence and the pregnant woman 92
142-is arrested for committing a criminal offense during the 93
143-deferral period or violates any condition of probation imposed 94
144-by the court, the court may impose any sanction that may be 95
145-imposed under s. 948.06, including revoking the pregnant woman's 96
146-probation and requiring her term of incarceration to begin 97
147-immediately. 98
148- Section 4. Subsection (7) is added to section 944.24, 99
149-Florida Statutes, to read: 100
125+pregnant woman, and any special circumstances related to the 76
126+woman's pregnancy. 77
127+ (2) If the sentencing court grants a pregnant woman's 78
128+petition to defer the incarcerative portion of her sentence, the 79
129+court must place the pregnant woman on probation, as defined in 80
130+s. 948.001(8), until the pregnant woman is incarcerated. The 81
131+sentencing court must require, in addition to the standard 82
132+conditions of probation in s. 948.03, the pregnant woman to 83
133+timely inform her probation offic er if she gives birth or her 84
134+pregnancy ends. The court may order electronic monitoring as a 85
135+condition of probation when deemed necessary. 86
136+ (3) If a court grants a pregnant woman's petition to defer 87
137+the incarcerative portion of her sentence and the pregna nt woman 88
138+is arrested for committing a criminal offense during the 89
139+deferral period or violates any condition of probation imposed 90
140+by the court, the court may impose any sanction that may be 91
141+imposed under s. 948.06, including revoking the pregnant woman's 92
142+probation and requiring her term of incarceration to begin 93
143+immediately. 94
144+ Section 4. Subsection (7) is added to section 944.24, 95
145+Florida Statutes, to read: 96
146+ 944.24 Administration of correctional institutions for 97
147+women.— 98
148+ (7)(a) The department must collect all of the following 99
149+information, which the department must compile and submit 100
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158158 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- 944.24 Administration of correctional i nstitutions for 101
163-women.— 102
164- (7)(a) The department must collect all of the following 103
165-information, which the department must compile and submit 104
166-annually in a report to the Governor, the President of the 105
167-Senate, and the Speaker of the House of Representatives: 106
168- 1. The total number of pregnant inmates who give birth 107
169-during their term of imprisonment and whether the birth was a 108
170-live birth or stillbirth. 109
171- 2. The gestational age and birth weight of each infant 110
172-born during the mother's term of imprisonment. 111
173- 3. The total number of pregnant inmates who experience 112
174-complications during their term of imprisonment and the types of 113
175-complications experienced. 114
176- 4. The total number of pregnant inmates who experience 115
177-miscarriages. 116
178- (b) The information reported pursuant to paragraph (a) 117
179-must exclude personally identifying information and must comply 118
180-with state and federal confidentiality laws. 119
181- Section 5. This act shall take effect July 1, 2023. 120
162+annually in a report to the Governor, the President of the 101
163+Senate, and the Speaker of the House of Representatives: 102
164+ 1. The total number of pregnant inmates who give birth 103
165+during their term of imprisonment and whether the birth was a 104
166+live birth or stillbirth. 105
167+ 2. The gestational age and birth weight of each infant 106
168+born during the mother's term of imprisonment. 107
169+ 3. The total number of pregnant inmates who experience 108
170+complications during their term of imprisonment and the types of 109
171+complications experienced. 110
172+ 4. The total number of pregnant inmates who experience 111
173+miscarriages. 112
174+ (b) The information reported pursuant to paragraph (a) 113
175+must exclude personally identifying informatio n and must comply 114
176+with state and federal confidentiality laws. 115
177+ Section 5. This act shall take effect July 1, 2023. 116