California 2025-2026 Regular Session

California Assembly Bill AB923

Introduced
2/19/25  
Refer
3/10/25  
Report Pass
4/9/25  
Refer
4/9/25  
Refer
4/30/25  

Caption

An act to add Chapter 6 (commencing with Section 1565.1) to Title 12 of Part 2 of the Penal Code, relating to crimes.

Impact

If passed, AB 923 would significantly impact state laws concerning the treatment of pregnant and postpartum defendants. The bill requires courts to justify any decision to detain these individuals, considering their pregnancy or postpartum status as a relevant factor. In doing so, it aims to promote community health and safety by encouraging alternatives to incarceration, especially for those with medical conditions related to their pregnancy. Furthermore, it would mandate county jails to keep detailed records of pregnant inmates, which could lead to increased awareness and monitoring of their specific needs.

Summary

Assembly Bill 923, introduced by Assembly Member Quirk-Silva, focuses on the detention and incarceration of pregnant and postpartum defendants in California. The legislation establishes a rebuttable presumption against the detention of such individuals, mandating that courts consider the health and welfare implications for both the defendant and their newborn. This bill reflects a growing recognition of the unique challenges faced by pregnant individuals within the criminal justice system and aims to enhance their protections during legal proceedings. The legislation acknowledges the increasing female population in prisons and jails, highlighting that current correctional facilities are often ill-equipped to meet their medical needs during pregnancy and postpartum recovery.

Contention

The bill may encounter points of contention, particularly around public safety concerns. Some may argue that the presumption against detention could undermine the judicial process, especially in cases where the defendant poses a substantial risk to the community. The legislation aims to balance these concerns with the need for humane treatment of pregnant individuals. Critics might express fears that this could lead to inconsistencies in how justice is administered across different cases involving alleged crimes. Thus, the implementation and interpretation of this bill by the courts will be crucial in addressing these potential conflicts.

Companion Bills

No companion bills found.

Previously Filed As

CA SB1211

An act to add Chapter 6 (commencing with Section 1566) to Title 12 of Part 2 of the Penal Code, relating to criminal procedure.

CA AB395

An act to add Section 37224 to, and to add Article 12 (commencing with Section 66095) to Chapter 2 of Part 40 of Division 5 of Title 3 of, the Education Code, and to amend Sections 11131 and 54961 of the Government Code, relating to holidays.

CA AB1231

Criminal procedure: Safer Communities Through Opportunities Act.

CA AB379

An act to amend Sections 52.

CA AB15

Open unsolved homicide: review and reinvestigation.

CA AB1927

An act to add Article 5.6 (commencing with Section 1299.30) to Chapter 1 of Title 10 of Part 2 of Section 538j to the Penal Code, relating to bail.

CA SB835

An act to amend Sections 44671 and 49600 of, and to add Chapter 8 (commencing with Section 52210) to Part 28 of Division 4 of Title 2 of, the Education Code, relating to pupil instruction.

CA AB2701

Domestic Violence Offender Registration Act.

CA SB2014

AN ACT to amend Tennessee Code Annotated, Title 24; Title 33; Title 39; Title 40; Title 41; Title 63; Title 68 and Title 71, relative to the Tennessee Women's Childbirth Alternatives, Resources, and Education Act.

CA HB1947

AN ACT to amend Tennessee Code Annotated, Title 24; Title 33; Title 39; Title 40; Title 41; Title 63; Title 68 and Title 71, relative to the Tennessee Women's Childbirth Alternatives, Resources, and Education Act.

Similar Bills

AL HB54

Incarceration; supervised pre-incarceration probation for certain pregnant women provided for, self-surrender 12 weeks after birth required, criminal penalties for failure to surrender provided

WI AB773

The treatment of a pregnant or postpartum person in prison or jail. (FE)

WI SB755

The treatment of a pregnant or postpartum person in prison or jail. (FE)

GA HB1398

Georgia Child Care Alternatives, Resources, and Education Act; Trixtian's Law; enact

NJ A2188

Establishes requirements to evaluate certain people who are pregnant and who have given birth for preeclampsia.

IL HB4500

INS-BLOOD PRESSURE MONITORS

LA SB470

Provides relative to pregnant women in custody. (gov sig) (EN INCREASE LF EX See Note)

IA SF556

A bill for an act relating to eligibility requirements for pregnant women, postpartum women, and infants under the special supplemental nutrition program for women, infants, and children.