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FL H0779
Bill
Status
Failed
5/5/2023
Primary Sponsor
Judiciary Committee
Click for details
AI Summary
- Cited as "Ava's Law," requires every female arrested and detained in a county, municipal, or juvenile detention facility to be informed at booking of her right to request a pregnancy test if still in custody after 72 hours, with the test administered within 24 hours of the request
- Allows a pregnant woman facing a felony sentence involving incarceration in a state correctional institution to petition the court to defer the incarcerative portion of her sentence for up to 12 weeks after giving birth or the pregnancy ending, whichever occurs sooner
- Courts must consider the severity of the offense, the woman's criminal history, danger to the community, the woman's health, and special pregnancy-related circumstances when deciding whether to grant the deferral; verifiable proof of pregnancy is required
- Women granted sentence deferral must be placed on probation with a special condition to notify their probation officer if they give birth or the pregnancy ends; the court may revoke probation and begin incarceration immediately if the woman commits a new offense or violates probation conditions
- Requires the Department of Corrections to collect and annually report to the Governor and legislative leaders data on births (live and stillbirth), gestational age, birth weight, pregnancy complications, and miscarriages among inmates, excluding personally identifying information; effective July 1, 2023
Legislative Description
Pregnant Women in the Criminal Justice System
Last Action
Died in Fiscal Policy
5/5/2023
Committee Referrals
Judiciary4/11/2023
Justice Appropriations Subcommittee3/31/2023
Criminal Justice Subcommittee2/21/2023
Full Bill Text
No bill text available