Florida HB 59: Pregnant Women in Custody

Bill Text

HB 59 2026

CODING: Words stricken are deletions; words underlined are additions.
hb59-00
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A bill to be entitled 1
An act relating to pregnant women in custody; 2
providing a short title; creating s. 907.033, F.S.; 3
requiring that every female who is arrested and not 4
released on bond within 72 hours after arrest be 5
administered a pregnancy test within a specified 6
timeframe upon her request; requiring that each 7
municipal detention facility or county detention 8
facility notify each arrested female upon booking at 9
the facility of her right to request a pregnancy test; 10
specifying the methods of conducting the pregnancy 11
test; defining the term "female"; creating s. 925.13, 12
F.S.; defining the term "pregnant woman"; authorizing 13
a sentencing court to stay the beginning of the period 14
of incarceration for up to a certain amount of time 15
for a pregnant woman convicted of any offense; 16
requiring the court to consider specified factors in 17
determining whether to grant a pregnant woman's 18
request to stay the beginning of the period of 19
incarceration; requiring the court to explain in 20
writing its reasons for granting a stay of 21
incarceration; authorizing a sentencing court to order 22
a pregnant woman to comply with specified terms and 23
conditions during the stay of incarceration; requiring 24
that, within 10 days after the end of the stay of 25

HB 59 2026

CODING: Words stricken are deletions; words underlined are additions.
hb59-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

incarceration and the commencement of the woman's 26
incarceration, she be offered and receive, upon her 27
request, a specified assessment and services; 28
authorizing a judge to impose specified sanctions for 29
another criminal conviction or a violation of any of 30
the terms and conditions imposed by the sentencing 31
judge; requiring municipal and county detention 32
facilities to collect and report to the Department of 33
Corrections, and requiring the department to collect 34
from its own institutions, specified information; 35
requiring the department to compile such information 36
and publish it on its public website; providing 37
requirements for such publication; providing an 38
effective date. 39
40
Be It Enacted by the Legislature of the State of Florida: 41
42
Section 1. This act may be cited as "Ava's Law." 43
Section 2. Section 907.033, Florida Statutes, is created 44
to read: 45
907.033 Pregnancy testing of female arrestees.—Every 46
female who is arrested and not released on bond within 72 hours 47
after arrest must, upon her request, be administered a pregnancy 48
test by the municipal detention facility or county detention 49
facility, as those terms are defined in s. 951.23(1), where she 50

HB 59 2026

CODING: Words stricken are deletions; words underlined are additions.
hb59-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

is being held within 24 hours after the request. During booking 51
into the facility, the facility must notify each such arrestee 52
of her right to request that a pregnancy test be administered 53
within 72 hours after arrest if she is still in custody. The 54
pregnancy test may be conducted by using urine or blood samples, 55
by ultrasound scan, or by any other standard pregnancy testing 56
protocols adopted by the facility. As used in this section, the 57
term "female" means a juvenile or an adult woman. 58
Section 3. Section 925.13, Florida Statutes, is created to 59
read: 60
925.13 Staying of sentence for pregnant women.— 61
(1) As used in this section, the term "pregnant woman" 62
means a juvenile or an adult woman whose pregnancy has been 63
verified by a pregnancy test or through a medical examination 64
conducted by a health care practitioner. 65
(2) Notwithstanding any other law, after a pregnant woman 66
is convicted of any offense and the sentencing court pronounces 67
a sentence of incarceration, the court has the discretion to 68
stay the beginning of the period of incarceration for up to 12 69
weeks after the pregnant woman gives birth or is no longer 70
pregnant. In determining whether to grant a pregnant woman's 71
request to stay the beginning of the period of incarceration, 72
the court must consider all of the following: 73
(a) The severity of the offense for which the defendant is 74
convicted. 75

HB 59 2026

CODING: Words stricken are deletions; words underlined are additions.
hb59-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

(b) Whether the defendant was previously convicted of a 76
felony. 77
(c) Whether other felony charges are pending against the 78
defendant. 79
(d) The state's interest in deterring and punishing 80
criminal activity and protecting the public. 81
(e) The rights of the victim of the defendant's crime, 82
consistent with s. 16, Art. I of the State Constitution and s. 83
960