THE BILL ITSELF
HB 59
Pregnant Women in Custody
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A bill to be entitled
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An act relating to pregnant women in custody;
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providing a short title; creating s. 907.033, F.S.;
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requiring that every female who is arrested and not
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released on bond within 72 hours after arrest be
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administered a pregnancy test within a specified
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timeframe upon her request; requiring that each
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municipal detention facility or county detention
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facility notify each arrested female upon booking at
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the facility of her right to request a pregnancy test;
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specifying the methods of conducting the pregnancy
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test; defining the term "female"; creating s. 925.13,
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F.S.; defining the term "pregnant woman"; authorizing
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a sentencing court to stay the beginning of the period
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of incarceration for up to a certain amount of time
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for a pregnant woman convicted of any offense;
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requiring the court to consider specified factors in
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determining whether to grant a pregnant woman's
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request to stay the beginning of the period of
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incarceration; requiring the court to explain in
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writing its reasons for granting a stay of
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incarceration; authorizing a sentencing court to order
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a pregnant woman to comply with specified terms and
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conditions during the stay of incarceration; requiring
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that, within 10 days after the end of the stay of
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incarceration and the commencement of the woman's
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incarceration, she be offered and receive, upon her
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request, a specified assessment and services;
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authorizing a judge to impose specified sanctions for
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another criminal conviction or a violation of any of
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the terms and conditions imposed by the sentencing
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judge; requiring municipal and county detention
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facilities to collect and report to the Department of
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Corrections, and requiring the department to collect
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from its own institutions, specified information;
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requiring the department to compile such information
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and publish it on its public website; providing
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requirements for such publication; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as "Ava's Law."
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Section 2. Section 907.033, Florida Statutes, is created
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to read:
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907.033 Pregnancy testing of female arrestees.—Every
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female who is arrested and not released on bond within 72 hours
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after arrest must, upon her request, be administered a pregnancy
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test by the municipal detention facility or county detention
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facility, as those terms are defined in s. 951.23(1), where she
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is being held within 24 hours after the request. During booking
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into the facility, the facility must notify each such arrestee
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of her right to request that a pregnancy test be administered
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within 72 hours after arrest if she is still in custody. The
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pregnancy test may be conducted by using urine or blood samples,
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by ultrasound scan, or by any other standard pregnancy testing
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protocols adopted by the facility. As used in this section, the
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term "female" means a juvenile or an adult woman.
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Section 3. Section 925.13, Florida Statutes, is created to
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read:
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925.13 Staying of sentence for pregnant women.—
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(1) As used in this section, the term "pregnant woman"
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means a juvenile or an adult woman whose pregnancy has been
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verified by a pregnancy test or through a medical examination
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conducted by a health care practitioner.
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(2) Notwithstanding any other law, after a pregnant woman
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is convicted of any offense and the sentencing court pronounces
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a sentence of incarceration, the court has the discretion to
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stay the beginning of the period of incarceration for up to 12
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weeks after the pregnant woman gives birth or is no longer
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pregnant. In determining whether to grant a pregnant woman's
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request to stay the beginning of the period of incarceration,
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the court must consider all of the following:
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(a) The severity of the offense for which the defendant is
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convicted.
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(b) Whether the defendant was previously convicted of a
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felony.
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(c) Whether other felony charges are pending against the
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defendant.
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(d) The state's interest in deterring and punishing
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criminal activity and protecting the public.
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(e) The rights of the victim of the defendant's crime,
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consistent with s. 16, Art. I of the State Constitution and s.
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960.0021.
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(f) Whether staying the incarceration is consistent with
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protecting the life, health, and safety of the unborn child and
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his or her life during the first 12 weeks after birth. In
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considering this factor, the court shall consider the existence
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of any prior substance abuse by the defendant, whether any other
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children of the defendant have been adjudicated dependent, and
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any other information relevant to the health and safety of the
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unborn child.
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If the court grants the request to stay the incarceration, it
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must explain its reasons in writing.
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(3) The sentencing court may order a pregnant woman whose
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incarceration is stayed to comply with any of the terms and
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conditions specified in s. 948.03 until she is incarcerated.
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(4) Within 10 days after the end of the stay of
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incarceration and the commencement of the woman's incarceration
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to serve the sentence, she must be offered an appropriate
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assessment by a licensed health care practitioner or a
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telehealth provider, as defined in s. 456.47(1), and, upon her
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request, the licensed health care practitioner or telehealth
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provider shall provide a postpartum assessment, including the
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need for any necessary medical tests, procedures, lactation
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support, mental health support, or treatments associated with
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her postpartum condition. The Department of Corrections and
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municipal and county detention facilities shall develop and
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offer such assessments and treatments in consultation with
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community support organizations, licensed health care
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practitioners, social services programs, and local and state
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government agencies, including nonprofit organizations.
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(5) If, during the stay of incarceration, the pregnant
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woman is convicted of another crime or violates any of the
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conditions imposed by the sentencing judge, the judge may impose
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any sanction under s. 948.06, including an order requiring the
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incarceration of the pregnant woman to serve the sentence for
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which the stay was granted.
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(6)(a) The Department of Corrections shall collect from
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its own institutions, and each municipal and county detention
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facility shall collect and report to the department, all of the
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following information, which the department shall compile and
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publish quarterly on its public website:
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1. The total number of pregnant women whose sentences are
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stayed under subsection (2).
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2. The total number of births, including the number of
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live births and stillbirths, to women whose sentences are
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stayed, and the gestational age and birth weight of each infant
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at the time of birth or stillbirth.
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3. The total number of women who experience complications
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during pregnancy and the type of complications experienced.
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4. The total number of women who experience miscarriages.
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5. The total number of women who refuse to provide
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information regarding the outcome of their pregnancies as
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provided in subparagraphs 2., 3., and 4.
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(b) The information published pursuant to paragraph (a)
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must exclude personal identifying information and must comply
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with state and federal confidentiality laws.
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This act shall take effect July 1, 2026. Section 4.