Illinois General Assembly - Bill Status for HB5431
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 Bill Status of HB5431  103rd General Assembly


Short Description:  PREGNANT PRISONERS-RESTRAINTS

House Sponsors
Rep. Kelly M. Cassidy - Robyn Gabel - Yolonda Morris - Lilian Jiménez - Tony M. McCombie, Barbara Hernandez, Michelle Mussman, Mary Beth Canty, Anna Moeller, Will Guzzardi, Cyril Nichols, Diane Blair-Sherlock, Kimberly Du Buclet, Emanuel "Chris" Welch, Kam Buckner, Matt Hanson, Maurice A. West, II, Anne Stava-Murray, Kevin John Olickal, Camille Y. Lilly, Lindsey LaPointe, Sonya M. Harper, Carol Ammons, Debbie Meyers-Martin, Marcus C. Evans, Jr., Norma Hernandez, Sharon Chung, Joyce Mason, Hoan Huynh and Kevin Schmidt

Last Action
DateChamber Action
  4/19/2024HouseThird Reading - Short Debate - Passed 105-000-000

Statutes Amended In Order of Appearance
55 ILCS 5/3-15003.6
55 ILCS 5/3-15003.8
55 ILCS 5/3-15003.9
55 ILCS 5/3-15003.11 new
210 ILCS 160/30
730 ILCS 5/3-6-0.5 new
730 ILCS 5/3-6-7
730 ILCS 5/3-6-7.2
730 ILCS 5/3-6-7.3
730 ILCS 5/3-6-7.5 new
730 ILCS 5/5-8A-4from Ch. 38, par. 1005-8A-4
730 ILCS 125/17.5
730 ILCS 125/17.7
730 ILCS 125/17.8
730 ILCS 125/17.11 new


Synopsis As Introduced
Amends the County Department of Corrections Law. In provisions about pregnant prisoners, modifies the definitions of "post-partum" and "correctional institution", including that "correctional institution" includes institutions in all counties (rather than only in counties more than 3,000,000 inhabitants). Modifies and removes provisions relating to security restraints on a prisoner who is pregnant or in postpartum recovery. Adds provisions relating to annual reports by sheriffs documenting the number of pregnant prisoners in custody each year and the number of people who deliver or miscarry while in custody, relating to county department of corrections providing informational materials concerning the laws pertaining to pregnant prisoners to any pregnant or postpartum prisoner, and relating to supplemental nutrition for prisoners who are pregnant or lactating. Amends the Unified Code of Corrections and the County Jail Act making similar changes. In the Unified Code of Corrections, also adds language relating to restraints of committed persons who are pregnant. Amends the Health Care Violence Prevention Act. In provisions relating to pregnant prisoners, removes a limitation on the provisions to pregnant prisoners in the custody of the Cook County. Provides that restraint of a pregnant prisoner shall comply with specified provisions of the Counties Code, the Unified Code of Corrections, and the County Jail Act (rather than only the Counties Code provisions).

House Floor Amendment No. 1
Adds reference to:
55 ILCS 5/3-15003from Ch. 34, par. 3-15003
55 ILCS 5/3-15003.7
55 ILCS 5/3-15003.10
55 ILCS 5/3-15003.12 new
730 ILCS 5/3-6-7.6 new
730 ILCS 125/2from Ch. 75, par. 102
730 ILCS 125/2.1from Ch. 75, par. 102.1
730 ILCS 125/4from Ch. 75, par. 104
730 ILCS 125/5from Ch. 75, par. 105
730 ILCS 125/7from Ch. 75, par. 107
730 ILCS 125/9from Ch. 75, par. 109
730 ILCS 125/10from Ch. 75, par. 110
730 ILCS 125/10.5 new
730 ILCS 125/11from Ch. 75, par. 111
730 ILCS 125/12from Ch. 75, par. 112
730 ILCS 125/13from Ch. 75, par. 113
730 ILCS 125/14from Ch. 75, par. 114
730 ILCS 125/15from Ch. 75, par. 115
730 ILCS 125/16from Ch. 75, par. 116
730 ILCS 125/17from Ch. 75, par. 117
730 ILCS 125/17.6
730 ILCS 125/17.9
730 ILCS 125/17.10
730 ILCS 125/19from Ch. 75, par. 119
730 ILCS 125/19.5
730 ILCS 125/20from Ch. 75, par. 120
730 ILCS 125/21from Ch. 75, par. 121

Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Further amends the County Department of Corrections Law, the Health Care Violence Prevention Act, and the County Jail Act to replace use of "prisoner" with "committed person". In the County Department of Corrections Law, the Unified Code of Corrections, and the County Jail Law, requires the Department of Public Health to provide the flyers that must be provided to pregnant committed persons, and provides that, when a person with a uterus is committed to a county jail or State correctional facility, the person shall take a pregnancy test. In the County Department of Corrections Law and the Unified Code of Corrections: (i) provides that reports a sheriff, the Department of Corrections, and the Department of Juvenile Justice must submit under the provisions must be provided to the Jail and Detention Standards Unit of the Department of Corrections (removing the requirement to submit the report to the General Assembly and the Office of the Governor in the County Department of Corrections Law); (ii) modifies the reporting requirements; (iii) and provides that other qualified medical professionals (in addition to a physician, advanced practice registered nurse, or physician assistant) may determine that the postpartum period is longer than 6 weeks. In the County Department of Corrections Law, defines "participant" as an individual placed into an electronic monitoring program and makes conforming changes. Makes other changes.

House Floor Amendment No. 3
In provisions relating to informational materials that must be provided to pregnant committed persons, provides that the information must also include the procedure for obtaining information about guardianship or adoption resources, if so desired. Provides that, when a person with a uterus is committed to a facility, the person shall within 14 days be given a medical screening and offered a pregnancy test (rather than the person shall take a pregnancy test).

Actions 
DateChamber Action
  2/9/2024HouseFiled with the Clerk by Rep. Kelly M. Cassidy
  2/9/2024HouseFirst Reading
  2/9/2024HouseReferred to Rules Committee
  2/22/2024HouseAdded Co-Sponsor Rep. Barbara Hernandez
  2/22/2024HouseAdded Co-Sponsor Rep. Michelle Mussman
  2/22/2024HouseAdded Co-Sponsor Rep. Mary Beth Canty
  2/22/2024HouseAdded Co-Sponsor Rep. Anna Moeller
  2/22/2024HouseAdded Co-Sponsor Rep. Cyril Nichols
  2/22/2024HouseAdded Co-Sponsor Rep. Diane Blair-Sherlock
  2/22/2024HouseAdded Co-Sponsor Rep. Will Guzzardi
  2/22/2024HouseAdded Co-Sponsor Rep. Kimberly Du Buclet
  2/22/2024HouseAdded Chief Co-Sponsor Rep. Robyn Gabel
  2/22/2024HouseAdded Chief Co-Sponsor Rep. Yolonda Morris
  2/22/2024HouseAdded Chief Co-Sponsor Rep. Lilian Jiménez
  2/22/2024HouseAdded Chief Co-Sponsor Rep. Marcus C. Evans, Jr.
  2/22/2024HouseRemove Chief Co-Sponsor Rep. Marcus C. Evans, Jr.
  2/28/2024HouseAssigned to Restorative Justice
  3/22/2024HouseDo Pass / Short Debate Restorative Justice; 006-001-000
  3/22/2024HousePlaced on Calendar 2nd Reading - Short Debate
  4/1/2024HouseAdded Co-Sponsor Rep. Emanuel "Chris" Welch
  4/4/2024HouseAdded Co-Sponsor Rep. Kam Buckner
  4/4/2024HouseAdded Co-Sponsor Rep. Matt Hanson
  4/10/2024HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Kelly M. Cassidy
  4/10/2024HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/10/2024HouseAdded Co-Sponsor Rep. Maurice A. West, II
  4/10/2024HouseAdded Co-Sponsor Rep. Anne Stava-Murray
  4/10/2024HouseAdded Co-Sponsor Rep. Kevin John Olickal
  4/10/2024HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  4/10/2024HouseAdded Co-Sponsor Rep. Lindsey LaPointe
  4/10/2024HouseAdded Co-Sponsor Rep. Sonya M. Harper
  4/10/2024HouseAdded Co-Sponsor Rep. Carol Ammons
  4/15/2024HouseHouse Floor Amendment No. 1 Rules Refers to Restorative Justice
  4/16/2024HouseHouse Floor Amendment No. 1 Recommends Be Adopted Restorative Justice; 005-002-000
  4/16/2024HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Kelly M. Cassidy
  4/16/2024HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/16/2024HouseAdded Co-Sponsor Rep. Debbie Meyers-Martin
  4/17/2024HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Kelly M. Cassidy
  4/17/2024HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  4/17/2024HouseHouse Floor Amendment No. 2 Rules Refers to Restorative Justice
  4/17/2024HouseSecond Reading - Short Debate
  4/17/2024HouseHeld on Calendar Order of Second Reading - Short Debate
  4/18/2024HouseHouse Floor Amendment No. 3 Rules Refers to Restorative Justice
  4/18/2024HouseHouse Floor Amendment No. 3 Recommends Be Adopted Restorative Justice; 005-003-000
  4/19/2024HouseAdded Chief Co-Sponsor Rep. Tony M. McCombie
  4/19/2024HouseAdded Co-Sponsor Rep. Marcus C. Evans, Jr.
  4/19/2024HouseHouse Floor Amendment No. 2 Tabled
  4/19/2024HouseAdded Co-Sponsor Rep. Norma Hernandez
  4/19/2024HouseAdded Co-Sponsor Rep. Sharon Chung
  4/19/2024HouseAdded Co-Sponsor Rep. Joyce Mason
  4/19/2024HouseAdded Co-Sponsor Rep. Hoan Huynh
  4/19/2024HouseAdded Co-Sponsor Rep. Kevin Schmidt
  4/19/2024HouseHouse Floor Amendment No. 1 Adopted
  4/19/2024HouseHouse Floor Amendment No. 3 Adopted
  4/19/2024HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/19/2024HouseThird Reading - Short Debate - Passed 105-000-000

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