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Representative Love: jails should test for pregnancy at booking under Women's Care Act; bill advanced

Department Agency Subcommittee · March 10, 2026
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Summary

HB 1947 would require local jails to perform pregnancy tests at booking, report pregnant women and those with children in custody, and facilitate transfers to state facilities when appropriate; legal counsel said liability for defective tests would likely be the manufacturer's.

Representative Love, sponsor of HB 1947 (the Women's Care Act), told the subcommittee the bill would provide more supports and services for incarcerated pregnant women, including pregnancy testing at booking so jails can identify pregnant women early. "When women are first booked into a local jail, they will get a pregnancy test," the sponsor said, adding the legislation requires facilities to report pregnant women and those with children in custody and to facilitate transfer to state facilities when appropriate.

Representative Martin asked about liability if a test were defective; legal counsel Matt Money said product-liability would likely lie with a manufacturer rather than the state if the state procured tests in good faith. The committee voted to advance the bill (7 ayes, 0 nos).