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AN ACT
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relating to the use of restraints to control the movement of |
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pregnant women and female children confined in certain correctional |
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facilities in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 501, Government Code, is |
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amended by adding Section 501.066 to read as follows: |
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Sec. 501.066. RESTRAINT OF PREGNANT INMATE OR DEFENDANT. |
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(a) The department may not use restraints to control the movement |
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of a pregnant woman in the custody of the department at any time |
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during which the woman is in labor or delivery or recovering from |
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delivery, unless the director or director's designee determines |
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that the use of restraints is necessary to: |
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(1) ensure the safety and security of the woman or her |
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infant, department or medical personnel, or any member of the |
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public; or |
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(2) prevent a substantial risk that the woman will |
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attempt escape. |
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(b) If a determination to use restraints is made under |
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Subsection (a), the type of restraint used and the manner in which |
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the restraint is used must be the least restrictive available under |
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the circumstances to ensure safety and security or to prevent |
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escape. |
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SECTION 2. Subchapter E, Chapter 61, Human Resources Code, |
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is amended by adding Section 61.07611 to read as follows: |
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Sec. 61.07611. RESTRAINT OF PREGNANT JUVENILE. (a) The |
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commission may not use restraints to control the movement of a |
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pregnant child who is committed to the commission at any time during |
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which the child is in labor or delivery or recovering from delivery, |
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unless the executive director or executive director's designee |
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determines that the use of restraints is necessary to: |
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(1) ensure the safety and security of the child or her |
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infant, commission or medical personnel, or any member of the |
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public; or |
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(2) prevent a substantial risk that the child will |
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attempt escape. |
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(b) If a determination to use restraints is made under |
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Subsection (a), the type of restraint used and the manner in which |
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the restraint is used must be the least restrictive available under |
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the circumstances to ensure safety and security or to prevent |
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escape. |
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SECTION 3. Subchapter F, Chapter 361, Local Government |
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Code, is amended by adding Section 361.082 to read as follows: |
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Sec. 361.082. RESTRAINT OF PREGNANT INMATE OR DEFENDANT. |
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(a) A municipal or county jail may not use restraints to control |
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the movement of a pregnant woman in the custody of the jail at any |
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time during which the woman is in labor or delivery or recovering |
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from delivery, unless the sheriff or another person with |
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supervisory authority over the jail determines that the use of |
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restraints is necessary to: |
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(1) ensure the safety and security of the woman or her |
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infant, jail or medical personnel, or any member of the public; or |
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(2) prevent a substantial risk that the woman will |
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attempt escape. |
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(b) If a determination to use restraints is made under |
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Subsection (a), the type of restraint used and the manner in which |
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the restraint is used must be the least restrictive available under |
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the circumstances to ensure safety and security or to prevent |
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escape. |
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SECTION 4. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3653 was passed by the House on May |
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12, 2009, by the following vote: Yeas 116, Nays 30, 2 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 3653 on May 29, 2009, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 3653 on May 31, 2009, by the following vote: Yeas 141, |
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Nays 0, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3653 was passed by the Senate, with |
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amendments, on May 25, 2009, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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3653 on June 1, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |