Florida 2024 Regular Session

Florida House Bill H0237 Compare Versions

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

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7	7	CODING: Words stricken are deletions; words underlined are additions.
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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 detention facility or county detention 8
22	22	facility notify each arrested female upon booking at 9
23	23	the facility of her right to request a pregnancy test; 10
24	24	providing for the types of pregnancy tests that may be 11
25	25	given; defining the term "female"; creating s. 925.13, 12
26	26	F.S.; defining the term "pregnant woman"; authorizing 13
27	27	a sentencing court to stay the beginning of the period 14
28	28	of incarceration for up to a certain amount of time 15
29	29	for a pregnant woman convicted of any offen se; 16
30	30	requiring the court to consider specified factors in 17
31	31	determining whether to grant a pregnant woman's 18
32	32	request to stay the beginning of the period of 19
33	33	incarceration; requiring the court to explain in 20
34	34	writing its reasons for granting a stay of 21
35	35	incarceration; authorizing a sentencing court to order 22
36	36	a pregnant woman to comply with specified terms and 23
37	37	conditions during the stay of the incarceration; 24
38	38	requiring that, within 10 days after the end of the 25
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40	40	HB 237 2024
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44	44	CODING: Words stricken are deletions; words underlined are additions.
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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	stay and the commencement of the woman's 26
52	52	incarceration, she be offered and receive, upon her 27
53	53	request, a specified assessment and services; 28
54	54	authorizing a judge to impose specified sanctions for 29
55	55	another criminal conviction or a violation of the 30
56	56	terms and conditions ordered by the judge; requiring 31
57	57	municipal detention facilities and county detention 32
58	58	facilities to collect and report to the Department of 33
59	59	Corrections, and the department to collect from its 34
60	60	own institutions, specified information; requiring the 35
61	61	department to quarterly compile and publish the 36
62	62	information on its public website; providing 37
63	63	requirements for publishing such information; 38
64	64	providing an effective date. 39
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66	66	Be It Enacted by the Legislature of the State of Florida: 41
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68	68	Section 1. This act may be cited as "Ava's Law." 43
69	69	Section 2. Section 907.033, Fl orida Statutes, is created 44
70	70	to read: 45
71	71	907.033 Pregnancy testing of female arrestees. —Every 46
72	72	female who is arrested and not released on bond within 72 hours 47
73	73	after arrest must, upon her request, be administered a pregnancy 48
74	74	test by the municipal detention faci lity or county detention 49
75	75	facility as those terms are defined in s. 951.23(1) where she is 50
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77	77	HB 237 2024
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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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	being held within 24 hours after the request. During booking 51
89	89	into the facility, the facility must notify each such arrestee 52
90	90	of her right to request that a pregnancy t est be administered 53
91	91	within 72 hours after arrest if she is still in custody. The 54
92	92	pregnancy test may be conducted by using urine or blood samples, 55
93	93	by ultrasound scan, or by any other standard pregnancy testing 56
94	94	protocols adopted by the facility. As used in t his section, the 57
95	95	term "female" means a juvenile or an adult woman. 58
96	96	Section 3. Section 925.13, Florida Statutes, is created to 59
97	97	read: 60
98	98	925.13 Staying of sentence for pregnant women. — 61
99	99	(1) As used in this section, the term "pregnant woman" 62
100	100	means a juvenile or an adult woman whose pregnancy has been 63
101	101	verified by a pregnancy test or through a medical examination 64
102	102	conducted by a health care practitioner. 65
103	103	(2) Notwithstanding any other law, after a pregnant woman 66
104	104	is convicted of any offense and when the sente ncing court 67
105	105	pronounces a sentence of incarceration, the court has the 68
106	106	discretion to stay the beginning of the period of incarceration 69
107	107	for up to 12 weeks after the pregnant woman gives birth or is no 70
108	108	longer pregnant. In determining whether to grant a pregna nt 71
109	109	woman's request to stay the beginning of the period of 72
110	110	incarceration, the court must consider all of the following: 73
111	111	(a) The severity of the offense for which the defendant is 74
112	112	convicted. 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	(b) Whether the defendant was previously convicted of a 76
126	126	felony. 77
127	127	(c) Whether other felony charges are pending against the 78
128	128	defendant. 79
129	129	(d) The state's interest in deterring and punishing 80
130	130	criminal activity and protecting the public. 81
131	131	(e) The rights of the victim of the defendant's crime, 82
132	132	consistent with s. 16, Art. I of the State Constitution and s. 83
133	133	960.0021. 84
134	134	(f) Whether staying the incarceration is consistent with 85
135	135	protecting the life, health, and safety of the unborn child and 86
136	136	his or her life during the first 12 weeks after birth. In 87
137	137	considering this factor, the co urt shall consider the existence 88
138	138	of any prior substance abuse by the defendant, whether any other 89
139	139	children of the defendant have been adjudicated dependent, and 90
140	140	any other information relevant to the health and safety of the 91
141	141	unborn child. 92
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143	143	If the court grants the request to stay the incarceration, it 94
144	144	must explain its reasons in writing. 95
145	145	(3) The sentencing court may order a pregnant woman whose 96
146	146	incarceration is stayed to comply with any of the terms and 97
147	147	conditions specified in s. 948.03 until she is inc arcerated. 98
148	148	(4) Within 10 days after the end of the stay of 99
149	149	incarceration and the commencement of the woman's incarceration 100
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155	155	CODING: Words stricken are deletions; words underlined are additions.
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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	to serve the sentence, she must be offered an appropriate 101
163	163	assessment by a licensed health care practitioner or a 102
164	164	telehealth provider as defined in s. 456.47(1), and upon her 103
165	165	request, the licensed health care practitioner or telehealth 104
166	166	provider shall provide a postpartum assessment, including the 105
167	167	need for any necessary medical tests, procedures, lactation 106
168	168	support, mental health support , or treatments associated with 107
169	169	her postpartum condition. The Department of Corrections, 108
170	170	municipal detention facilities, and county detention facilities 109
171	171	shall develop and offer such assessments and treatments in 110
172	172	consultation with community support organiza tions, licensed 111
173	173	health care practitioners, social services programs, and local 112
174	174	and state government agencies, including nonprofit 113
175	175	organizations. 114
176	176	(5) If, during the stay of incarceration, the pregnant 115
177	177	woman is convicted of another crime or violates any of the 116
178	178	conditions imposed by the sentencing judge, the judge may impose 117
179	179	any sanction under s. 948.06, including an order requiring the 118
180	180	incarceration of the pregnant woman to serve the sentence for 119
181	181	which the stay was granted. 120
182	182	(6)(a) The Department of Correc tions shall collect from 121
183	183	its own institutions, and each municipal detention facility and 122
184	184	county detention facility shall collect and report to the 123
185	185	department, all of the following information, which the 124
186	186	department shall compile and publish quarterly on its public 125
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192	192	CODING: Words stricken are deletions; words underlined are additions.
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195	195	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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199	199	website: 126
200	200	1. The total number of pregnant women whose sentences are 127
201	201	stayed under subsection (2). 128
202	202	2. The total number of births, including the number of 129
203	203	live births and stillbirths, to women whose sentences are 130
204	204	stayed, and the gestational age and birth weight of each infant 131
205	205	at the time of birth or stillbirth. 132
206	206	3. The total number of women who experience complications 133
207	207	during pregnancy and the type of complications experienced. 134
208	208	4. The total number of women who experience miscarriages. 135
209	209	5. The total number of women who refuse to provide 136
210	210	information regarding the outcome of their pregnancies as 137
211	211	indicated in subparagraphs 2., 3., and 4. 138
212	212	(b) The information published pursuant to paragraph (a) 139
213	213	must exclude personally identifying information and must comply 140
214	214	with state and federal confidentiality laws. 141
215	215	Section 4. This act shall take effect July 1, 2024. 142