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A BILL TO BE ENTITLED
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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 confined in certain correctional facilities in this |
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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 of |
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a pregnant woman confined in a facility operated by or under |
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contract with the department at any time during which the woman is |
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in labor or delivery, being transported to a medical facility, or |
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recovering from delivery, unless the director or director's |
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designee determines 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 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 the |
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movement of a pregnant woman in the custody of the jail at any time |
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during which the woman is in labor or delivery, being transported to |
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a medical facility, or recovering from delivery, unless the sheriff |
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or another person with supervisory authority over the jail |
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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 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 3. This Act takes effect September 1, 2009. |