Texas 2009 - 81st Regular

Texas House Bill HB3653

Filed
 
Out of House Committee
4/30/09  
Voted on by House
5/12/09  
Out of Senate Committee
5/22/09  
Voted on by Senate
5/25/09  
Governor Action
6/19/09  
Bill Becomes Law
 
Enrolled
6/2/09  

Caption

Relating to the use of restraints to control the movement of pregnant women and female children confined in certain correctional facilities in this state.

Impact

If enacted, HB 3653 would amend existing state laws governing correctional facilities, notably changing the policies around the treatment of pregnant inmates and juvenile detainees. This aligns with broader movements in criminal justice reform advocating for humane treatment of vulnerable populations within the prison system. By promoting the least restrictive measures during vulnerable periods, the bill impacts the operational protocols of various facilities and addresses concerns regarding the physical and psychological well-being of incarcerated pregnant women and girls.

Summary

House Bill 3653 addresses the use of restraints on pregnant women and female children in correctional facilities in Texas. The bill specifically stipulates that no restraints may be used during the labor, delivery, or recovery periods, unless deemed necessary by a supervising authority. The intent behind the bill is to ensure the safety and dignity of the incarcerated mothers and their infants, allowing for healthier delivery and post-delivery conditions without the added stress of physical restraints during such a critical time.

Contention

While the bill primarily focuses on the well-being of mothers and their infants, it has garnered attention regarding the balance between security protocols in correctional facilities and the rights of inmates. Some discussions may arise around the circumstances where restraints might be applied and the authority vested in correctional staff to make those decisions. Opponents may voice concerns over potential loopholes in the legislation that could allow for misuse of restraint even during labor or recovery periods. Overall, the dialogue emphasizes the importance of human dignity and the complexities involved in corrections policy.

Companion Bills

No companion bills found.

Previously Filed As

TX HB1958

Relating to maternal mortality and morbidity in this state and Medicaid eligibility of and coverage for certain services provided to pregnant women.

TX SB1179

Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.

TX HB4886

Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.

TX SB673

Relating to the reporting and investigating certain causes of child abuse or neglect involving a pregnant woman's use of a controlled substance.

TX HB4642

Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.

TX HB4476

Relating to the provision of certain information about Medicaid benefits in relation to newborn children.

TX SB1458

Relating to the provision of certain information about Medicaid benefits in relation to newborn children.

TX HB2519

Relating to law enforcement misconduct and law enforcement interactions with certain detained or arrested individuals and other members of the public, to public entity liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.

TX HB1575

Relating to improving health outcomes for pregnant women under Medicaid and certain other public benefits programs.

TX SB124

Relating to the Medicaid eligibility of certain women during and following a pregnancy.

Similar Bills

CA AB878

Juveniles: restraints.

NH SB393

Relative to the use of restraints on pregnant women in the custody of a state or county correctional facility.

CA AB2657

Pupil discipline: restraint and seclusion.

IL HB5631

MHDDC-LETHAL RESTRAINTS-PROHIB

CA AB216

School safety: Pupil and Staff Safety Pilot Program.

TX SB751

Relating to the use of restraints in state schools.

CO HB1248

Protect Students from Restraint & Seclusion Act

NH HB491

Relative to prohibiting the use of the prone restraint for minors.