HB 237 2024
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hb0237-00
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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 detention facility or county detention 8
facility notify each arrested female upon booking at 9
the facility of her right to request a pregnancy test; 10
providing for the types of pregnancy tests that may be 11
given; defining the term "female"; creating s. 925.13, 12
F.S.; defining the term "pregnant woman"; authorizing 13
a sentencing court to stay the beginning of the period 14
of incarceration for up to a certain amount of time 15
for a pregnant woman convicted of any offen se; 16
requiring the court to consider specified factors in 17
determining whether to grant a pregnant woman's 18
request to stay the beginning of the period of 19
incarceration; requiring the court to explain in 20
writing its reasons for granting a stay of 21
incarceration; authorizing a sentencing court to order 22
a pregnant woman to comply with specified terms and 23
conditions during the stay of the incarceration; 24
requiring that, within 10 days after the end of the 25
HB 237 2024
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hb0237-00
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stay and the commencement of the woman's 26
incarceration, she be offered and receive, upon her 27
request, a specified assessment and services; 28
authorizing a judge to impose specified sanctions for 29
another criminal conviction or a violation of the 30
terms and conditions ordered by the judge; requiring 31
municipal detention facilities and county detention 32
facilities to collect and report to the Department of 33
Corrections, and the department to collect from its 34
own institutions, specified information; requiring the 35
department to quarterly compile and publish the 36
information on its public website; providing 37
requirements for publishing such information; 38
providing an effective date. 39
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Be It Enacted by the Legislature of the State of Florida: 41
42
Section 1. This act may be cited as "Ava's Law." 43
Section 2. Section 907.033, Fl orida Statutes, is created 44
to read: 45
907.033 Pregnancy testing of female arrestees. —Every 46
female who is arrested and not released on bond within 72 hours 47
after arrest must, upon her request, be administered a pregnancy 48
test by the municipal detention faci lity or county detention 49
facility as those terms are defined in s. 951.23(1) where she is 50
HB 237 2024
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being held within 24 hours after the request. During booking 51
into the facility, the facility must notify each such arrestee 52
of her right to request that a pregnancy t est be administered 53
within 72 hours after arrest if she is still in custody. The 54
pregnancy test may be conducted by using urine or blood samples, 55
by ultrasound scan, or by any other standard pregnancy testing 56
protocols adopted by the facility. As used in t his section, the 57
term "female" means a juvenile or an adult woman. 58
Section 3. Section 925.13, Florida Statutes, is created to 59
read: 60
925.13 Staying of sentence for pregnant women. — 61
(1) As used in this section, the term "pregnant woman" 62
means a juvenile or an adult woman whose pregnancy has been 63
verified by a pregnancy test or through a medical examination 64
conducted by a health care practitioner. 65
(2) Notwithstanding any other law, after a pregnant woman 66
is convicted of any offense and when the sente ncing court 67
pronounces a sentence of incarceration, the court has the 68
discretion to stay the beginning of the period of incarceration 69
for up to 12 weeks after the pregnant woman gives birth or is no 70
longer pregnant. In determining whether to grant a pregna nt 71
woman's request to stay the beginning of the period of 72
incarceration, the court must consider all of the following: 73
(a) The severity of the offense for which the defendant is 74
convicted. 75
HB 237 2024
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(b) Whether the defendant was previously convicted of a 76
felony. 77
(c) Whether other felony charges are pending against the 78
defendant. 79
(d) The state's interest in deterring and punishing 80
criminal activity and protecting the public. 81
(e) The rights of the victim of the defendant's crime, 82
consistent with s. 16, Art. I of the State Constitution and s. 83
960.0021. 84
(f) Whether staying the incarceration is consistent with 85
protecting the life, health, and safety of the unborn child and 86
his or her life during the first 12 weeks after birth. In 87
considering this factor, the co urt shall consider the existence 88
of any prior substance abuse by the defendant, whether any other 89
children of the defendant have been adjudicated dependent, and 90
any other information relevant to the health and safety of the 91
unborn child. 92
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If the court grants the request to stay the incarceration, it 94
must explain its reasons in writing. 95
(3) The sentencing court may order a pregnant woman whose 96
incarceration is stayed to comply with any of the terms and 97
conditions specified in s. 948.03 until she is inc arcerated. 98
(4) Within 10 days after the end of the stay of 99
incarceration and the commencement of the woman's incarceration 100
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to serve the sentence, she must be offered an appropriate 101
assessment by a licensed health care practitioner or a 102
telehealth provider as defined in s. 456.47(1), and upon her 103
request, the licensed health care practitioner or telehealth 104
provider shall provide a postpartum assessment, including the 105
need for any necessary medical tests, procedures, lactation 106
support, mental health support , or treatments associated with 107
her postpartum condition. The Department of Corrections, 108
municipal detention facilities, and county detention facilities 109
shall develop and offer such assessments and treatments in 110
consultation with community support organiza tions, licensed 111
health care practitioners, social services programs, and local 112
and state government agencies, including nonprofit 113
organizations. 114
(5) If, during the stay of incarceration, the pregnant 115
woman is convicted of another crime or violates any of the 116
conditions imposed by the sentencing judge, the judge may impose 117
any sanction under s. 948.06, including an order requiring the 118
incarceration of the pregnant woman to serve the sentence for 119
which the stay was granted. 120
(6)(a) The Department of Correc tions shall collect from 121
its own institutions, and each municipal detention facility and 122
county detention facility shall collect and report to the 123
department, all of the following information, which the 124
department shall compile and publish quarterly on its public 125
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website: 126
1. The total number of pregnant women whose sentences are 127
stayed under subsection (2). 128
2. The total number of births, including the number of 129
live births and stillbirths, to women whose sentences are 130
stayed, and the gestational age and birth weight of each infant 131
at the time of birth or stillbirth. 132
3. The total number of women who experience complications 133
during pregnancy and the type of complications experienced. 134
4. The total number of women who experience miscarriages. 135
5. The total number of women who refuse to provide 136
information regarding the outcome of their pregnancies as 137
indicated in subparagraphs 2., 3., and 4. 138
(b) The information published pursuant to paragraph (a) 139
must exclude personally identifying information and must comply 140
with state and federal confidentiality laws. 141
Section 4. This act shall take effect July 1, 2024. 142