PolicyWinds
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Florida · 2026 Regular Session

H0059 Pregnant Women in Custody

Direction

Abortion personhood ivfAI label

Restricts abortion access model confidence 60%

The bill requires courts, when deciding on a stay of incarceration for a pregnant woman, to consider whether it is consistent with protecting the life, health, and safety of the unborn child, treating the fetus as having interests that courts must weigh separately from the mother.

Whether staying the incarceration is consistent with protecting the life, health, and safety of the unborn child and his or her life during the first 12 weeks after birth.

✓ Quote verified word for word in the bill text

Abortion otherAI label

Expands abortion access model confidence 80%

The bill creates a discretionary stay of up to 12 weeks post-birth for pregnant women sentenced to incarceration, allowing them to avoid immediate custody while pregnant or with a newborn, which increases practical access to continuing a pregnancy without the immediate burdens of incarceration.

the court has the discretion to stay the beginning of the period of incarceration for up to 12 weeks after the pregnant woman gives birth or is no longer pregnant.

✓ Quote verified word for word in the bill text

  1. Filed (completed)
  2. Committee (completed)
  3. Passed one chamber (completed)
  4. Passed both (completed)
  5. Governor
  6. Law

Status: Failed

Last action
2026-03-13: Died in Criminal Justice Subcommittee
Filed
2025-09-29
Sponsor
Dianne Hart-Lowman D + 2 cosponsors (2 D)

Why the model tagged it this way: The bill addresses pregnancy in the criminal justice system through testing, stays of incarceration, postpartum care, and data reporting. It has no provisions on abortion procedures, gestational limits, medication abortion, funding, or shields. The 'unborn child' language in the stay decision factor introduces fetal considerations that could indirectly restrict abortion access in sentencing contexts, but the primary effects expand options for pregnant women to delay incarceration and access health services. No topics other than abortion are substantively addressed.

Related bills

Sponsors

Text versions

History (6 actions)
DateChamberAction
2026-03-13HDied in Criminal Justice Subcommittee
2026-01-13H1st Reading (Original Filed Version)
2025-10-07HNow in Criminal Justice Subcommittee
2025-10-07HReferred to Judiciary Committee
2025-10-07HReferred to Criminal Justice Subcommittee
2025-09-29HFiled