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House Bill 3653 |
House Author: Marquez et al. |
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Effective: 9-1-09 |
Senate Sponsor: Davis, Wendy et al. |
House Bill 3653 amends the Government Code, the Human Resources Code, and the Local Government Code to regulate the use of restraints to control the movement of a pregnant woman or pregnant child in the custody of the Texas Department of Criminal Justice, the Texas Youth Commission, or a municipal or county jail. The bill prohibits these entities from using restraints to control the movement of a pregnant woman or child at any time during which the woman or child is in labor or delivery, or is recovering from delivery, unless a designated official of the entity determines that the use of restraints is necessary to ensure the safety and security of the woman or child, her infant, or others, or to prevent a substantial risk that the woman or child will attempt escape. If a determination to use restraints is made under the bill's provisions, the bill requires the type and manner of restraint to be the least restrictive available under the circumstances to ensure safety and security or to prevent escape.