By: Marquez, et al. (Senate Sponsor - Davis) H.B. No. 3653
(In the Senate - Received from the House May 13, 2009;
May 14, 2009, read first time and referred to Committee on Criminal
Justice; May 22, 2009, reported favorably by the following vote:
Yeas 6, Nays 0; May 22, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the use of restraints to control the movement of
pregnant women and female children 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 in the custody of the department at any time
during which the woman is in labor or delivery 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 E, Chapter 61, Human Resources Code,
is amended by adding Section 61.07611 to read as follows:
Sec. 61.07611. RESTRAINT OF PREGNANT JUVENILE. (a) The
commission may not use restraints to control the movement of a
pregnant child who is committed to the commission at any time during
which the child is in labor or delivery or recovering from delivery,
unless the executive director or executive director's designee
determines that the use of restraints is necessary to:
(1) ensure the safety and security of the child or her
infant, commission or medical personnel, or any member of the
public; or
(2) prevent a substantial risk that the child 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. 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 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, jail 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 4. This Act takes effect September 1, 2009.
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