Bill Sponsor
California Assembly Bill 923
Session 20252026
Detention and incarceration of pregnant and postpartum defendants.
Active
Active
Failed in Assembly on Feb 2, 2026
First Action
Feb 19, 2025
Latest Action
Feb 2, 2026
Origin Chamber
Assembly
Type
Bill
Bill Number
923
State
California
Session
20252026
Sponsorship by Party
Assembly Votes (1)
checkPassed on April 8, 2025
Motion Text
Do pass and be re-referred to the Committee on [Appropriations]
Assembly Roll Call Votes
Summary
Existing law gives a judge discretion when deciding various matters in a criminal proceeding, including, among other things, issuing bail or releasing a defendant on their own recognizance, accepting a diversion or deferred entry of judgment agreement, and imposing sentences and granting probation. This bill would, when a court is exercising its discretion with regard to these matters, make a rebuttable presumption against detention and incarceration of a pregnant or postpartum defendant, as defined, if the defendant provides the court and district attorney with notice of the defendant's status as a pregnant or postpartum defendant at each applicable stage of the proceedings. The bill would require a court that decides to detain or incarcerate a defendant after this consideration to make specific findings on the record that the risk to public safety or any other factor the court is required to consider is substantial enough to outweigh the risk of incarceration, as specified. The bill would authorize a person who may be pregnant or postpartum and who is arrested or in custody in a county jail to request a pregnancy test upon or following admission to the county jail and would require the county jail to provide a pregnancy test upon request and allow the person to take the pregnancy test within 24 hours after the request. The bill would require a county jail to keep a record of specified information, including the total number of incarcerated pregnant people at that county jail. By imposing additional duties on county jails, this bill would impose a state-mandated local program. The bill would authorize a pregnant or postpartum defendant to request a stay of execution of their sentence by filing a written request to the court if the pregnant or postpartum defendant is detained or incarcerated in a county jail for any period of time through the end of the pregnancy or the postpartum period, except as specified. The bill would require the court to apply the rebuttable presumption above when considering whether to grant that stay of execution. The bill would authorize a court to order a stay of execution of the sentence for any period of time through the end of the pregnancy or the postpartum period. 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.
Actions (8)
02/02/2026
Assembly
From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
01/31/2026
Assembly
Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
05/23/2025
Assembly
In committee: Held under submission.
04/30/2025
Assembly
In committee: Set, first hearing. Referred to suspense file.
04/09/2025
Assembly
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 8). Re-referred to Com. on APPR.
03/10/2025
Assembly
Referred to Com. on PUB. S.
02/20/2025
Assembly
From printer. May be heard in committee March 22.
02/19/2025
Assembly
Read first time. To print.
Sources
Record Created
Feb 20, 2025 6:00:23 AM
Record Updated
Feb 3, 2026 8:40:38 AM