Senate Bill 172 (2026) — Pregnant women in custody
SB 172
Florida Bills
Florida Senate - 2026 SB 172 By Senator Jones 34-00162-26 2026172__ Page 1 of 5 CODING: Words stricken are deletions; words underlined are additions. 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, upon her request, every female 4 arrested and not released on bond within 72 hours 5 after arrest be administered a pregnancy test within a 6 specified timeframe; requiring each municipal 7 detention facility or county detention facility to 8 notify each arrested female upon booking at the 9 facility of her right to request a pregnancy test; 10 specifying the types of pregnancy tests that may be 11 given; 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 and the 25 commencement of the woman’s incarceration, she be 26 offered and, upon her request, receive a specified 27 assessment and services; authorizing a judge to impose 28 specified sanctions for another criminal conviction or 29
Florida Senate - 2026 SB 172 34-00162-26 2026172__ Page 2 of 5 CODING: Words stricken are deletions; words underlined are additions. a violation of the terms and conditions ordered by the 30 judge; requiring municipal detention facilities and 31 county detention facilities to collect and report to 32 the Department of Corrections, and the department to 33 collect from its own institutions, specified 34 information; requiring the department to quarterly 35 compile and publish the information on its public 36 website; providing requirements for publishing such 37 information; providing an effective date. 38 39 Be It Enacted by the Legislature of the State of Florida: 40 41
Section 1. This act may be cited as “Ava’s Law.” 42
Section
Section 907.033, Florida Statutes, is created to 43 read: 44 907.033 Pregnancy testing of female arrestees.—Upon her 45 request, a female arrested and not released on bond within 72 46 hours after arrest must be administered a pregnancy test by the 47 municipal detention facility or county detention facility, as 48 those terms are defined in s. 951.23, where she is being held 49 within 24 hours after such request is made.
During booking into 50 the facility, the facility must notify each such arrestee of her 51 right to request that she be administered a pregnancy test 52 within 72 hours after arrest if she is still in custody. The 53 pregnancy test may be administered by collection of urine or 54 blood samples, by ultrasound scan, or by any other standard 55 pregnancy testing protocols adopted by the facility. As used in 56 this section, the term “female” means a juvenile girl or an 57 adult woman. 58
Florida Senate - 2026 SB 172 34-00162-26 2026172__ Page 3 of 5 CODING: Words stricken are deletions; words underlined are additions.
Section
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 girl 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, when a pregnant woman is 66 convicted of any offense and the sentencing court pronounces a 67 sentence of incarceration, the court has the discretion to stay 68 the beginning of the period of incarceration for up to 12 weeks 69 after the pregnant woman gives birth or is no longer pregnant. 70 In determining whether to grant a pregnant woman’s request to 71 stay the beginning of the period of incarceration, the court 72 shall consider all of the following: 73 (
a) The severity of the offense for which the defendant is 74 convicted. 75 (
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. 83 960.0021. 84 (
f) Whether staying the incarceration is consistent with 85 protecting the life, health, and safety of the unborn child and 86 its life during the first 12 weeks after birth. In considering 87
Florida Senate - 2026 SB 172 34-00162-26 2026172__ Page 4 of 5 CODING: Words stricken are deletions; words underlined are additions. this factor, the court shall consider the existence of any prior 88 substance abuse by the defendant, whether any other children of 89 the defendant have been adjudicated dependent, and any other 90 information relevant to the health and safety of the unborn 91 child. 92 93 If the court grants a request to stay incarceration, it must 94 explain its reasons in writing. 95
(3) The sentencing court may order a pregnant woman whose 96 incarceration is stayed to comply with any of the terms and 97 conditions specified in s. 948.03 until such time as she is 98 incarcerated. 99
(4) Within 10 days after the end of the stay of 100 incarceration and the commencement of the woman’s incarceration 101 to serve the sentence, she must be offered an appropriate 102 assessment by a licensed health care practitioner or a 103 telehealth provider as defined in s. 456.47 who, upon her 104 request, shall provide a postpartum assessment, including any 105 necessary medical tests, procedures, lactation support, mental 106 health support, or treatments associated with her postpartum 107 condition.
The Department of Corrections, municipal detention 108 facilities, and county detention facilities shall develop and 109 offer such assessments and treatments in consultation with local 110 and state governmental agencies, licensed health care 111 practitioners, social services programs, and community support 112 organizations, including nonprofit organizations. 113
(5) If, during the stay of incarceration, the pregnant 114 woman is convicted of another crime or violates any of the 115 conditions imposed by the sentencing judge, the judge may impose 116
Florida Senate - 2026 SB 172 34-00162-26 2026172__ Page 5 of 5 CODING: Words stricken are deletions; words underlined are additions. any sanction under s. 948.06, including an order requiring the 117 incarceration of the pregnant woman for the purpose of serving 118 the sentence for which the stay was granted. 119 (6)(
a) The Department of Corrections shall collect from its 120 own institutions, and each municipal detention facility and 121 county detention facility as those terms are defined in s. 122 951.23 shall collect and report to the department, all of the 123 following information, which the department shall compile and 124 publish quarterly on its public website: 125 1. The total number of pregnant women whose sentences are 126 stayed under subsection (2). 127 2.
The total number of births, including the number of live 128 births and stillbirths, to women whose sentences are stayed, and 129 the gestational age and birth weight of each infant at the time 130 of birth or stillbirth. 131 3. The total number of women who experience complications 132 during pregnancy and the type of complications experienced. 133 4. The total number of women who experience miscarriages. 134 5. The total number of women who refuse to provide 135 information regarding the outcome of their pregnancies as 136 indicated in subparagraphs 2., 3., and 4. 137 (
b) The information published pursuant to paragraph (a) 138 must exclude personal identifying information and must comply 139 with state and federal confidentiality laws. 140