Texas 2009 - 81st Regular

Texas House Bill HB3653 Compare Versions

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Old	New	Differences
1	1	H.B. No. 3653
2	2
3	3
4	4	AN ACT
5	5	relating to the use of restraints to control the movement of
6	6	pregnant women and female children confined in certain correctional
7	7	facilities in this state.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter B, Chapter 501, Government Code, is
10	10	amended by adding Section 501.066 to read as follows:
11	11	Sec. 501.066. RESTRAINT OF PREGNANT INMATE OR DEFENDANT.
12	12	(a) The department may not use restraints to control the movement
13	13	of a pregnant woman in the custody of the department at any time
14	14	during which the woman is in labor or delivery or recovering from
15	15	delivery, unless the director or director's designee determines
16	16	that the use of restraints is necessary to:
17	17	(1) ensure the safety and security of the woman or her
18	18	infant, department or medical personnel, or any member of the
19	19	public; or
20	20	(2) prevent a substantial risk that the woman will
21	21	attempt escape.
22	22	(b) If a determination to use restraints is made under
23	23	Subsection (a), the type of restraint used and the manner in which
24	24	the restraint is used must be the least restrictive available under
25	25	the circumstances to ensure safety and security or to prevent
26	26	escape.
27	27	SECTION 2. Subchapter E, Chapter 61, Human Resources Code,
28	28	is amended by adding Section 61.07611 to read as follows:
29	29	Sec. 61.07611. RESTRAINT OF PREGNANT JUVENILE. (a) The
30	30	commission may not use restraints to control the movement of a
31	31	pregnant child who is committed to the commission at any time during
32	32	which the child is in labor or delivery or recovering from delivery,
33	33	unless the executive director or executive director's designee
34	34	determines that the use of restraints is necessary to:
35	35	(1) ensure the safety and security of the child or her
36	36	infant, commission or medical personnel, or any member of the
37	37	public; or
38	38	(2) prevent a substantial risk that the child will
39	39	attempt escape.
40	40	(b) If a determination to use restraints is made under
41	41	Subsection (a), the type of restraint used and the manner in which
42	42	the restraint is used must be the least restrictive available under
43	43	the circumstances to ensure safety and security or to prevent
44	44	escape.
45	45	SECTION 3. Subchapter F, Chapter 361, Local Government
46	46	Code, is amended by adding Section 361.082 to read as follows:
47	47	Sec. 361.082. RESTRAINT OF PREGNANT INMATE OR DEFENDANT.
48	48	(a) A municipal or county jail may not use restraints to control
49	49	the movement of a pregnant woman in the custody of the jail at any
50	50	time during which the woman is in labor or delivery or recovering
51	51	from delivery, unless the sheriff or another person with
52	52	supervisory authority over the jail determines that the use of
53	53	restraints is necessary to:
54	54	(1) ensure the safety and security of the woman or her
55	55	infant, jail or medical personnel, or any member of the public; or
56	56	(2) prevent a substantial risk that the woman will
57	57	attempt escape.
58	58	(b) If a determination to use restraints is made under
59	59	Subsection (a), the type of restraint used and the manner in which
60	60	the restraint is used must be the least restrictive available under
61	61	the circumstances to ensure safety and security or to prevent
62	62	escape.
63	63	SECTION 4. This Act takes effect September 1, 2009.
64	64	______________________________ ______________________________
65	65	President of the Senate Speaker of the House
66	66	I certify that H.B. No. 3653 was passed by the House on May
67	67	12, 2009, by the following vote: Yeas 116, Nays 30, 2 present, not
68	68	voting; that the House refused to concur in Senate amendments to
69	69	H.B. No. 3653 on May 29, 2009, and requested the appointment of a
70	70	conference committee to consider the differences between the two
71	71	houses; and that the House adopted the conference committee report
72	72	on H.B. No. 3653 on May 31, 2009, by the following vote: Yeas 141,
73	73	Nays 0, 1 present, not voting.
74	74	______________________________
75	75	Chief Clerk of the House
76	76	I certify that H.B. No. 3653 was passed by the Senate, with
77	77	amendments, on May 25, 2009, by the following vote: Yeas 31, Nays
78	78	0; at the request of the House, the Senate appointed a conference
79	79	committee to consider the differences between the two houses; and
80	80	that the Senate adopted the conference committee report on H.B. No.
81	81	3653 on June 1, 2009, by the following vote: Yeas 31, Nays 0.
82	82	______________________________
83	83	Secretary of the Senate
84	84	APPROVED: __________________
85	85	Date
86	86	__________________
87	87	Governor