California 2019-2020 Regular Session Status: Enacted 2 D cosponsors

AB 732 — County jails: prisons: incarcerated pregnant persons.

Last action — Chaptered by Secretary of State - Chapter 321, Statutes of 2020.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 19, 2019. Enacted.

Prognosis

Likely to advance 78% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law establishes the state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Under existing law, a female prisoner has the right to summon and receive the services of any physician and surgeon to determine whether they are pregnant. If the prisoner is found to be pregnant, existing law entitles the prisoner to services from the physician and surgeon of the prisoner's choice. Existing law prohibits an inmate known to be pregnant or in recovery after delivery from being restrained by the use of leg irons, waist chains, or handcuffs behind the body and prohibits restraints by the wrist, ankles, or both, unless deemed necessary for safety purposes, during labor, delivery, and recovery. Existing law requires an incarcerated person in state prison who menstruates to have access to materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system. Existing law places county jails under the jurisdiction of the sheriff for the confinement of persons sentenced to imprisonment for the conviction of a crime. Existing law gives an inmate who is pregnant in a local detention facility the right to summon and receive the services of a physician or surgeon to determine if the inmate is pregnant and to receive medical services. Existing law requires the Board of State and Community Corrections to establish minimum standards for local correctional facilities to require that inmates who are received by the facility while they are pregnant are provided a balanced, nutritious diet approved by a doctor, prenatal and postpartum information and healthcare, information pertaining to childbirth education and infant care, and a dental cleaning. Existing law requires that these standards also prohibit the restraining of an inmate known to be pregnant or in recovery after delivery, except as specified. This bill would require an incarcerated person in a county jail or the state prison who is identified as possibly pregnant or capable of becoming pregnant during an intake health examination or at any time during incarceration to be offered a test upon intake or request, and in the case of a county jail, within 72 hours of arrival at the jail. The bill would require an incarcerated person who is confirmed to be pregnant to be scheduled for pregnancy examination with a physician, nurse practitioner, certified nurse midwife, or physician assistant within 7 days. The bill would require incarcerated pregnant persons to be scheduled for prenatal care visits, as specified. The bill would require incarcerated pregnant persons to be provided specified prenatal services and a referral to a social worker. The bill would require incarcerated pregnant persons to be given access to community-based programs serving pregnant, birthing, or lactating inmates. The bill would allow an incarcerated pregnant person to elect to have a support person present during childbirth. The bill would require an incarcerated pregnant person to be provided with a postpartum examination one week, and as needed up to 12 weeks postpartum. The bill would prohibit the use of tasers, pepper spray, or other chemical weapons against incarcerated pregnant persons. By imposing new duties on county jails, this bill would impose a state-mandated local program. (2) Existing law provides an inmate in a prison or local detention facility with the right to summon and receive the services of any physician to determine whether they are pregnant. This bill would provide an incarcerated person in a local detention facility with the right to summon a physician, nurse practitioner, certified nurse midwife, or physician assistant. The bill would make conforming changes. (3) Existing law requires that any female person confined in a local detention facility be allowed to continue to use materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system. This bill would specify that this includes, but is not limited to, sanitary pads and tampons, and would require those items to be provided at no cost to the incarcerated person. By imposing additional duties on local detention facilities, this bill would impose a state-mandated local program. (4) Existing law requires local detention facilities to furnish every female person confined in the facility with information and education regarding the availability of family planning services and requires that family planning services be offered at least 60 days prior to a scheduled release. This bill would make these requirements applicable to all incarcerated persons. By imposing additional duties on local detention facilities, this bill would impose a state-mandated local program. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 321, Statutes of 2020.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 63. Noes 0. Page 5358.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 33. Noes 1. Page 4432.).

  7. Read second time. Ordered to third reading.

  8. Read second time and amended. Ordered returned to second reading.

  9. From committee: Amend, and do pass as amended. (Ayes 6. Noes 1.) (August 20).

  10. In committee: Referred to APPR. suspense file.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (July 31). Re-referred to Com. on APPR.

  12. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  14. Referred to Com. on PUB. S.

  15. In Senate. Read first time. To Com. on RLS. for assignment.

  16. Read third time. Passed. Ordered to the Senate. (Ayes 63. Noes 0. Page 3903.)

  17. Assembly Rule 63 suspended. (Ayes 58. Noes 18. Page 3893.)

  18. Read second time. Ordered to third reading.

  19. Read second time and amended. Ordered returned to second reading.

  20. From committee: Amend, and do pass as amended. (Ayes 13. Noes 0.) (January 23).

  21. In committee: Hearing postponed by committee.

  22. In committee: Set, first hearing. Referred to APPR. suspense file.

  23. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (March 26). Re-referred to Com. on APPR.

  24. Re-referred to Com. on PUB. S.

  25. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  26. Referred to Com. on PUB. S.

  27. From printer. May be heard in committee March 22.

  28. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 118 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (3)

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 732 Bonta Concurrence in Senate Amendments

Passed 63 Yea · 0 Nay · 16 Other
Party YeaNayPresentNot Voting
Unaffiliated 400011
Democratic 20002
Republican 3003
Total 630016
% of votes cast 80%0%0%20%
How each member voted (79)
Member Party Vote
Jones-Sawyer — Yea
Levine — Yea
Weber — Yea
Mullin — Yea
Gray — Yea
Salas — Yea
Cunningham — Yea
O'Donnell — Yea
Rendon — Yea
Bloom — Yea
Gonzalez — Yea
Maienschein — Yea
Ting — Yea
Cooper — Yea
Kamlager — Yea
Nazarian — Yea
Brough — Yea
Friedman — Yea
Low — Yea
Diep — Yea
Cooley — Yea
Santiago — Yea
Chu — Yea
Chau — Yea
Burke — Yea
Medina — Yea
Gloria — Yea
McCarty — Yea
Chiu — Yea
Quirk — Yea
Daly — Yea
Wood — Yea
Rodriguez — Yea
Holden — Yea
Smith — Yea
Eggman — Not Voting
Mayes — Not Voting
Obernolte — Not Voting
Frazier — Not Voting
Mathis — Not Voting
Waldron — Not Voting
Fong — Not Voting
Bigelow — Not Voting
Kiley — Not Voting
Voepel — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Not Voting
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Not Voting
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Not Voting
Flora, Heath Republican Not Voting
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB732 Bonta et al. By Mitchell

Passed 33 Yea · 1 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 9001
Unaffiliated 24102
Republican 0003
Total 33106
% of votes cast 83%3%0%15%
How each member voted (40)
Member Party Vote
Leyva — Yea
Roth — Yea
Bradford — Yea
Rubio — Yea
Moorlach — Yea
Dodd — Yea
Pan — Yea
Beall — Yea
Skinner — Yea
Melendez — Yea
Wieckowski — Yea
Glazer — Yea
Galgiani — Yea
Hill — Yea
Wilk — Yea
Bates — Yea
Chang — Yea
Hueso — Yea
Monning — Yea
Portantino — Yea
Allen — Yea
Hertzberg — Yea
Atkins — Yea
Mitchell — Yea
Morrell — Nay
Nielsen — Not Voting
Borgeas — Not Voting
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass as amended

Passed 6 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Republican 0100
Total 6100
% of votes cast 86%14%0%0%
How each member voted (7)
Member Party Vote
Portantino — Yea
Bradford — Yea
Hill — Yea
Leyva — Yea
Wieckowski — Yea
Bates — Yea
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Leyva — Yea
Bates — Yea
Wieckowski — Yea
Portantino — Yea
Bradford — Yea
Hill — Yea
Jones, Brian W. Republican Yea

Official roll call →

AB 732 Bonta Assembly Third Reading

Passed 63 Yea · 0 Nay · 17 Other
Party YeaNayPresentNot Voting
Unaffiliated 400012
Democratic 20002
Republican 3003
Total 630017
% of votes cast 79%0%0%21%
How each member voted (80)
Member Party Vote
Voepel — Yea
Chiu — Yea
Gray — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Quirk — Yea
Mullin — Yea
Friedman — Yea
Ting — Yea
Levine — Yea
Melendez — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Cooper — Yea
Wood — Yea
Medina — Yea
Kamlager — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Fong — Not Voting
Rodriguez — Not Voting
Brough — Not Voting
Kiley — Not Voting
Mayes — Not Voting
Obernolte — Not Voting
Salas — Yea
Frazier — Yea
Cooley — Yea
Smith — Yea
Cunningham — Yea
Gonzalez — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Santiago — Yea
Bigelow — Not Voting
Rendon — Not Voting
Diep — Not Voting
Waldron — Not Voting
Mathis — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Not Voting
Flora, Heath Republican Not Voting
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended.

Passed 13 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 8004
Republican 0001
Total 13005
% of votes cast 72%0%0%28%
How each member voted (18)
Member Party Vote
Bloom — Yea
Maienschein — Yea
Eggman — Yea
Gonzalez — Yea
Quirk — Yea
Chau — Yea
Fong — Not Voting
Brough — Not Voting
Bigelow — Not Voting
Diep — Not Voting
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea
Dahle, Megan Republican Not Voting

Official roll call →

Subjects

public-safety civil-rights healthcare
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Frequently asked questions

What does AB 732 do?
(1) Existing law establishes the state prisons under the jurisdiction of the Department of Corrections and Rehabilitation. Under existing law, a female prisoner has the right to summon and receive the services of any physician and surgeon to determine whether they are pregnant. If the prisoner is found to be pregnant, existing law entitles the prisoner to services from the physician and surgeon of the prisoner's choice. Existing law prohibits an inmate known to be pregnant or in recovery after delivery from being restrained by the use of leg irons, waist chains, or handcuffs behind the body and prohibits restraints by the wrist, ankles, or both, unless deemed necessary for safety purposes, during labor, delivery, and recovery. Existing law requires an incarcerated person in state prison who menstruates to have access to materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system. Existing law places county jails under the jurisdiction of the sheriff for the confinement of persons sentenced to imprisonment for the conviction of a crime. Existing law gives an inmate who is pregnant in a local detention facility the right to summon and receive the services of a physician or surgeon to determine if the inmate is pregnant and to receive medical services. Existing law requires the Board of State and Community Corrections to establish minimum standards for local correctional facilities to require that inmates who are received by the facility while they are pregnant are provided a balanced, nutritious diet approved by a doctor, prenatal and postpartum information and healthcare, information pertaining to childbirth education and infant care, and a dental cleaning. Existing law requires that these standards also prohibit the restraining of an inmate known to be pregnant or in recovery after delivery, except as specified. This bill would require an incarcerated person in a county jail or the state prison who is identified as possibly pregnant or capable of becoming pregnant during an intake health examination or at any time during incarceration to be offered a test upon intake or request, and in the case of a county jail, within 72 hours of arrival at the jail. The bill would require an incarcerated person who is confirmed to be pregnant to be scheduled for pregnancy examination with a physician, nurse practitioner, certified nurse midwife, or physician assistant within 7 days. The bill would require incarcerated pregnant persons to be scheduled for prenatal care visits, as specified. The bill would require incarcerated pregnant persons to be provided specified prenatal services and a referral to a social worker. The bill would require incarcerated pregnant persons to be given access to community-based programs serving pregnant, birthing, or lactating inmates. The bill would allow an incarcerated pregnant person to elect to have a support person present during childbirth. The bill would require an incarcerated pregnant person to be provided with a postpartum examination one week, and as needed up to 12 weeks postpartum. The bill would prohibit the use of tasers, pepper spray, or other chemical weapons against incarcerated pregnant persons. By imposing new duties on county jails, this bill would impose a state-mandated local program. (2) Existing law provides an inmate in a prison or local detention facility with the right to summon and receive the services of any physician to determine whether they are pregnant. This bill would provide an incarcerated person in a local detention facility with the right to summon a physician, nurse practitioner, certified nurse midwife, or physician assistant. The bill would make conforming changes. (3) Existing law requires that any female person confined in a local detention facility be allowed to continue to use materials necessary for personal hygiene with regard to their menstrual cycle and reproductive system. This bill would specify that this includes, but is not limited to, sanitary pads and tampons, and would require those items to be provided at no cost to the incarcerated person. By imposing additional duties on local detention facilities, this bill would impose a state-mandated local program. (4) Existing law requires local detention facilities to furnish every female person confined in the facility with information and education regarding the availability of family planning services and requires that family planning services be offered at least 60 days prior to a scheduled release. This bill would make these requirements applicable to all incarcerated persons. By imposing additional duties on local detention facilities, this bill would impose a state-mandated local program. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors AB 732?
AB 732 is sponsored by Limón, Monique (Democratic), Weber, Mitchell, and Bonta, Mia (Democratic).
What is the current status of AB 732?
This bill has been enacted into law. Introduced February 19, 2019. Enacted.
Where can I track AB 732?
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