Texas 2019 - 86th Regular

Texas House Bill HB650 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 650
	1	+	By: White, et al. (Senate Sponsor - Whitmire) H.B. No. 650
	2	+	(In the Senate - Received from the House April 11, 2019;
	3	+	April 15, 2019, read first time and referred to Committee on State
	4	+	Affairs; April 16, 2019, rereferred to Committee on Criminal
	5	+	Justice; May 2, 2019, reported adversely, with favorable Committee
	6	+	Substitute by the following vote: Yeas 7, Nays 0; May 2, 2019, sent
	7	+	to printer.)
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 650 By: Whitmire
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to inmates of the Texas Department of Criminal Justice.
6	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	15		SECTION 1. Chapter 493, Government Code, is amended by
8	16		adding Section 493.032 to read as follows:
9	17		Sec. 493.032. CORRECTIONAL OFFICER TRAINING RELATED TO
10	18		PREGNANT INMATES. (a) The department shall provide training
11	19		relating to medical and mental health care issues applicable to
12	20		pregnant inmates to:
13	21		(1) each correctional officer employed by the
14	22		department at a facility in which female inmates are confined; and
15	23		(2) any other department employee whose duties involve
16	24		contact with pregnant inmates.
17	25		(b) The training must include information regarding:
18	26		(1) appropriate care for pregnant inmates; and
19	27		(2) the impact on a pregnant inmate and the inmate's
20	28		unborn child of:
21	29		(A) the use of restraints;
22	30		(B) placement in administrative segregation; and
23	31		(C) invasive searches.
24	32		SECTION 2. Subchapter A, Chapter 501, Government Code, is
25	33		amended by adding Section 501.0101 to read as follows:
26	34		Sec. 501.0101. STUDY OF VISITATION POLICIES; REPORT. (a)
27	35		The department shall conduct a study of the effect of the
28	36		department's visitation policies under Sections 501.010 and
29	37		507.030 on the relationships between inmates or defendants and
30	38		their children. In conducting the study, the department shall:
31	39		(1) review:
32	40		(A) evidence-based visitation practices that
33	41		enhance parental bonding and engagement; and
34	42		(B) age-appropriate visitation activities for
35	43		children that enhance cognitive and motor skills; and
36	44		(2) consider implementing changes to the policies to
37	45		strengthen the relationships between inmates or defendants and
38	46		their children.
39	47		(b) Not later than December 31, 2020, the department shall
40	48		report the results of the study to the governor, the lieutenant
41	49		governor, the speaker of the house of representatives, and the
42	50		standing legislative committees with primary jurisdiction over the
43	51		department.
44	52		(c) This section expires February 1, 2021.
45	53		SECTION 3. Subchapter A, Chapter 501, Government Code, is
46	54		amended by adding Sections 501.0215 and 501.026 to read as follows:
47	55		Sec. 501.0215. EDUCATIONAL PROGRAMMING FOR PREGNANT
48	56		INMATES. The department shall develop and provide to each pregnant
49	57		inmate educational programming relating to pregnancy and
50	58		parenting. The programming must include instruction regarding:
51	59		(1) appropriate prenatal care and hygiene;
52	60		(2) the effects of prenatal exposure to alcohol and
53	61		drugs on a developing fetus;
54	62		(3) parenting skills; and
55	63		(4) medical and mental health issues applicable to
56	64		children.
57	65		Sec. 501.026. LIMITATION ON CERTAIN SEARCHES. The
58	66		department shall adopt a policy regarding a search of any room or
59	67		other area that occurs while a female inmate who is not fully
60	68		clothed is present in the room or area. The policy must:
61	69		(1) require that the search be conducted by a female
62	70		correctional officer if one is available;
63	71		(2) include staffing procedures to ensure the
64	72		availability of female officers; and
65	73		(3) provide that if it is necessary for a male
66	74		correctional officer to conduct the search, the officer must submit
67	75		a written report explaining the reasons for the search to the warden
68	76		not later than 72 hours after the search.
69	77		SECTION 4. Section 501.066(a), Government Code, is amended
70	78		to read as follows:
71	79		(a) The department may not place [use] restraints around the
72	80		ankles, legs, or waist [to control the movement] of a pregnant woman
73	81		in the custody of the department at any time after the woman's
74	82		pregnancy has been confirmed by a medical professional [during
75	83		which the woman is in labor or delivery or recovering from
76	84		delivery], unless the director, the [or] director's designee, or a
77	85		medical professional determines that the use of restraints is
78	86		necessary based on a reasonable belief that the [to:
79	87		[(1) ensure the safety and security of the] woman will
80	88		harm herself, [or] her unborn child or infant, or any other person
81	89		[department or medical personnel, or any member of the public;] or
82	90		[(2) prevent a substantial risk that the woman] will
83	91		attempt escape.
84	92		SECTION 5. Subchapter B, Chapter 501, Government Code, is
85	93		amended by adding Sections 501.0665, 501.0666, 501.0667, 501.0675,
86	94		and 501.070 to read as follows:
87	95		Sec. 501.0665. CERTAIN INVASIVE SEARCHES PROHIBITED. (a)
88	96		Except as provided by Subsection (b), any invasive body cavity
89	97		search of a pregnant inmate shall be conducted by a medical
90	98		professional.
91	99		(b) A correctional officer may conduct an invasive body
92	100		cavity search of a pregnant inmate only if the officer has a
93	101		reasonable belief that the inmate is concealing contraband. An
94	102		officer who conducts a search described by this section shall
95	103		submit a written report to the warden not later than 72 hours after
96	104		the search. The report must:
97	105		(1) explain the reasons for the search; and
98	106		(2) identify any contraband recovered in the search.
99	107		Sec. 501.0666. NUTRITION REQUIREMENTS FOR PREGNANT
100	108		INMATES. The department shall ensure that pregnant inmates are
101	109		provided sufficient food and dietary supplements, including
102	110		prenatal vitamins, as ordered by an appropriate medical
103	111		professional.
104	112		Sec. 501.0667. INMATE POSTPARTUM RECOVERY REQUIREMENTS.
105	113		(a) The department shall ensure that, for a period of 72 hours
106	114		after the birth of an infant by an inmate:
107	115		(1) the infant is allowed to remain with the inmate,
108	116		unless a medical professional determines doing so would pose a
109	117		health or safety risk to the inmate or infant; and
110	118		(2) the inmate has access to any nutritional or
111	119		hygiene-related products necessary to care for the infant,
112	120		including diapers.
113		-	(b) The department shall make the items described by
114		-	~~Subsection~~ (a)(2) available free of charge to an indigent inmate.
	121	+	(b) The department shall make the items described by Section
	122	+	(a)(2) available free of charge to an indigent inmate.
115	123		Sec. 501.0675. PROVISION OF FEMININE HYGIENE PRODUCTS. (a)
116	124		In this section, "feminine hygiene product" means:
117	125		(1) a regular or large size tampon with applicator;
118	126		(2) a regular or large size sanitary napkin or
119	127		menstrual pad with wings;
120	128		(3) a regular size panty liner; or
121	129		(4) any other similar item sold for the principal
122	130		purpose of feminine hygiene in connection with the menstrual cycle.
123	131		(b) On request of a female inmate, the department shall
124	132		provide free of charge to the inmate up to 10 feminine hygiene
125	133		products per day that comply with applicable federal standards for
126	134		comfort, effectiveness, and safety.
127	135		Sec. 501.070. TRAUMA HISTORY SCREENING. The department
128	136		shall:
129	137		(1) screen each female inmate during the diagnostic
130	138		process to determine whether the inmate has experienced adverse
131	139		childhood experiences or other significant trauma; and
132	140		(2) refer the inmate as needed to the appropriate
133	141		medical or mental health care professional for treatment.
134	142		SECTION 6. Subchapter D, Chapter 501, Government Code, is
135	143		amended by adding Section 501.114 to read as follows:
136	144		Sec. 501.114. HOUSING REQUIREMENTS APPLICABLE TO PREGNANT
137	145		INMATES. (a) The department may not place in administrative
138	146		segregation an inmate who is pregnant or who gave birth during the
139	147		preceding 30 days unless the director or director's designee
140	148		determines that the placement is necessary based on a reasonable
141	149		belief that the inmate will harm herself, her unborn child or
142	150		infant, or any other person or will attempt escape.
143	151		(b) The department may not assign a pregnant inmate to any
144	152		bed that is elevated more than three feet above the floor.
145	153		SECTION 7. As soon as practicable after the effective date
146	154		of this Act, but not later than December 1, 2019, the Texas
147	155		Department of Criminal Justice shall adopt rules and policies
148	156		necessary to implement this Act.
149	157		SECTION 8. This Act takes effect September 1, 2019.
150		-	______________________________ ______________________________
151		-	President of the Senate Speaker of the House
152		-	I certify that H.B. No. 650 was passed by the House on April
153		-	10, 2019, by the following vote: Yeas 145, Nays 0, 1 present, not
154		-	voting; and that the House concurred in Senate amendments to H.B.
155		-	No. 650 on May 13, 2019, by the following vote: Yeas 141, Nays 0, 1
156		-	present, not voting.
157		-	______________________________
158		-	Chief Clerk of the House
159		-	I certify that H.B. No. 650 was passed by the Senate, with
160		-	amendments, on May 10, 2019, by the following vote: Yeas 31, Nays
161		-	0.
162		-	______________________________
163		-	Secretary of the Senate
164		-	APPROVED: __________________
165		-	Date
166		-	__________________
167		-	Governor
	158	+	* * * * *