81R10604 PEP-D
By: Marquez H.B. No. 3653
A BILL TO BE ENTITLED
AN ACT
relating to the use of restraints to control the movement of
pregnant women confined in certain correctional facilities in this
state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 501, Government Code, is
amended by adding Section 501.066 to read as follows:
Sec. 501.066. RESTRAINT OF PREGNANT INMATE OR DEFENDANT.
(a) The department may not use restraints to control the movement of
a pregnant woman confined in a facility operated by or under
contract with the department at any time during which the woman is
in labor or delivery, being transported to a medical facility, or
recovering from delivery, unless the director or director's
designee determines that the use of restraints is necessary to:
(1) ensure the safety and security of the woman or her
infant, department or medical personnel, or any member of the
public; or
(2) prevent a substantial risk that the woman will
attempt escape.
(b) If a determination to use restraints is made under
Subsection (a), the type of restraint used and the manner in which
the restraint is used must be the least restrictive available under
the circumstances to ensure safety and security or to prevent
escape.
SECTION 2. Subchapter F, Chapter 361, Local Government
Code, is amended by adding Section 361.082 to read as follows:
Sec. 361.082. RESTRAINT OF PREGNANT INMATE OR DEFENDANT.
(a) A municipal or county jail may not use restraints to control the
movement of a pregnant woman in the custody of the jail at any time
during which the woman is in labor or delivery, being transported to
a medical facility, or recovering from delivery, unless the sheriff
or another person with supervisory authority over the jail
determines that the use of restraints is necessary to:
(1) ensure the safety and security of the woman or her
infant, department or medical personnel, or any member of the
public; or
(2) prevent a substantial risk that the woman will
attempt escape.
(b) If a determination to use restraints is made under
Subsection (a), the type of restraint used and the manner in which
the restraint is used must be the least restrictive available under
the circumstances to ensure safety and security or to prevent
escape.
SECTION 3. This Act takes effect September 1, 2009.