81R10604 PEP-D
 
  By: Marquez H.B. No. 3653
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of restraints to control the movement of
  pregnant women confined in certain correctional facilities in this
  state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 501, Government Code, is
  amended by adding Section 501.066 to read as follows:
         Sec. 501.066.  RESTRAINT OF PREGNANT INMATE OR DEFENDANT.
  (a) The department may not use restraints to control the movement of
  a pregnant woman confined in a facility operated by or under
  contract with the department at any time during which the woman is
  in labor or delivery, being transported to a medical facility, or
  recovering from delivery, unless the director or director's
  designee determines that the use of restraints is necessary to:
               (1)  ensure the safety and security of the woman or her
  infant, department or medical personnel, or any member of the
  public; or
               (2)  prevent a substantial risk that the woman will
  attempt escape.
         (b)  If a determination to use restraints is made under
  Subsection (a), the type of restraint used and the manner in which
  the restraint is used must be the least restrictive available under
  the circumstances to ensure safety and security or to prevent
  escape.
         SECTION 2.  Subchapter F, Chapter 361, Local Government
  Code, is amended by adding Section 361.082 to read as follows:
         Sec. 361.082.  RESTRAINT OF PREGNANT INMATE OR DEFENDANT.
  (a) A municipal or county jail may not use restraints to control the
  movement of a pregnant woman in the custody of the jail at any time
  during which the woman is in labor or delivery, being transported to
  a medical facility, or recovering from delivery, unless the sheriff
  or another person with supervisory authority over the jail
  determines that the use of restraints is necessary to:
               (1)  ensure the safety and security of the woman or her
  infant, department or medical personnel, or any member of the
  public; or
               (2)  prevent a substantial risk that the woman will
  attempt escape.
         (b)  If a determination to use restraints is made under
  Subsection (a), the type of restraint used and the manner in which
  the restraint is used must be the least restrictive available under
  the circumstances to ensure safety and security or to prevent
  escape.
         SECTION 3.  This Act takes effect September 1, 2009.