HB 342 DE

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Became Law

Delaware law already prohibits the use of restraints on women who are giving birth or in labor except in limited circumstances. This Act expands that protection to include women in the second or third trimester of pregnancy and those in the 13-week immediate post-partum period. Wrist restraints fastened in front of the body may be used during transport except during labor or delivery or while being transported with a newborn. Wrist, leg, and waist restraints may also be used in extraordinary circumstances, but a licensed medical professional must be notified as soon as practicable when waist or leg restraints are applied and examine the prisoner within 10 minutes of the notification. Leg and waist restraints are prohibited for prisoners in labor and delivery. The Act also requires that a pregnant or post-partum woman who is required to squat or cough during a strip search be provided accommodations to avoid falls and prohibits vaginal exams except those performed by a medical professional. The American College of Obstetricians and Gynecologists states that shackling a pregnant inmate increases the risk of falling, impairs evaluations for serious pregnancy-associated conditions, causes pain and skin damage, and further endangers inmates at increased risk of preeclampsia. The use of restraints in the post-partum period creates additional risks to physical and mental health.

• Melissa Minor-Brown Democratic · primary
• Marie Pinkney Democratic · primary
• S. Elizabeth Lockman Democratic · primary
• Bryan Townsend Democratic · primary
• Sherry Dorsey Walker · primary
• Debra Heffernan Democratic · primary
• Sarah McBride · primary

1. Mar 16, 2022 Introduced and Assigned to Health & Human Development Committee in House · lower
2. May 18, 2022 Reported Out of Committee (Health & Human Development) in House with 10 Favorable, 3 On Its Merits · lower
3. Jun 9, 2022 Amendment HA 1 to HB 342 - Introduced and Placed With Bill · lower
4. Jun 9, 2022 Amendment HA 2 to HB 342 - Introduced and Placed With Bill · lower
5. Jun 9, 2022 Amendment HA 1 to HB 342 - Passed In House by Voice Vote · lower
6. Jun 9, 2022 Amendment HA 2 to HB 342 - Passed In House by Voice Vote · lower
7. Jun 9, 2022 Passed By House. Votes: 39 YES 2 ABSENT · lower
8. Jun 9, 2022 Assigned to Corrections & Public Safety Committee in Senate · upper
9. Jun 14, 2022 Reported Out of Committee (Corrections & Public Safety) in Senate with 2 Favorable, 4 On Its Merits · upper
10. Jun 21, 2022 Passed By Senate. Votes: 20 YES 1 ABSENT · upper
11. Jul 25, 2022 Signed by Governor · executive