Text of US HB 1490 (2023)

I 118TH CONGRESS 1ST SESSION H. R. 1490 To secure the dignity and safety of incarcerated women. IN THE HOUSE OF REPRESENTATIVES MARCH 9, 2023 Mr. CRAWFORD (for himself, Mr. DONALDS, Mr. WEBER of Texas, Mr. BACON, Mr. BUCSHON, and Mr. LAMALFA) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To secure the dignity and safety of incarcerated women. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Preventing Violence 4 Against Female Inmates Act of 2023’’. 5 SEC. 2. HOUSING PRISONERS BASED ON SEX. 6 (a) FEDERAL PRISONS.— 7 (1) IN GENERAL.—Chapter 303 of title 18, 8 United States Code, is amended by adding at the 9 end the following: 10 VerDate Sep 11 2014 04:42 Mar 22, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1490.IH H1490 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 1490 IH ‘‘§ 4052. Bar on housing together prisoners of dif- 1 ferent sexes 2 ‘‘(a) DEFINITION.—In this section, the term ‘biologi- 3 cal sex’ means the biological classification of male and fe- 4 male in the context of reproductive potential or capacity, 5 as indicated by sex chromosomes, naturally occurring sex 6 hormones, gonads, and nonambiguous internal and exter- 7 nal genitalia present at birth. 8 ‘‘(b) BAR.—The Bureau of Prisons— 9 ‘‘(1) shall use the biological sex of persons 10 charged with or convicted of offenses against the 11 United States in making determinations regarding 12 housing such persons; and 13 ‘‘(2) shall not co-locate in detention facilities 14 persons charged with or convicted of offenses 15 against the United States if those persons are not 16 of the same biological sex, except that persons 17 charged with or convicted of offenses against the 18 United States who are not of the same biological sex 19 may be co-located on a temporary basis, not includ- 20 ing overnight housing.’’. 21 (2) TECHNICAL AND CONFORMING AMEND- 22 MENT.—The table of sections for chapter 303 of 23 title 18, United States Code, is amended by adding 24 at the end the following: 25 ‘‘4052. Bar on housing together prisoners of different sexes.’’. VerDate Sep 11 2014 04:42 Mar 22, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H1490.IH H1490 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 1490 IH (b) STATE PRISONS.—Section 501 of title I of the 1 Omnibus Crime Control and Safe Streets Act of 1968 (34 2 U.S.C. 10152) is amended by adding at the end the fol- 3 lowing: 4 ‘‘(i) BAR ON HOUSING TOGETHER PRISONERS OF 5 DIFFERENT SEXES.— 6 ‘‘(1) DEFINITIONS.—In this subsection, the 7 term ‘biological sex’ has the meanings given such 8 terms in section 4051 of title 18, United States 9 Code. 10 ‘‘(2) LIMITATION ON ELIGIBILITY FOR 11 FUNDS.—Beginning in the first fiscal year beginning 12 after the date of enactment of this subsection, a 13 State may not receive funds under this subpart for 14 a fiscal year if the State does not submit to the At- 15 torney General a certification that the State— 16 ‘‘(A) prohibits co-locating in detention fa- 17 cilities persons charged with or convicted of of- 18 fenses under the law of the State if those per- 19 sons are not of the same biological sex, except 20 that persons charged with or convicted of of- 21 fenses against the United States who are not of 22 the same biological sex may be co-located on a 23 temporary basis, not including overnight hous- 24 ing; and 25 VerDate Sep 11 2014 04:42 Mar 22, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1490.IH H1490 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 1490 IH ‘‘(B) requires the use of the biological sex 1 of persons charged with or convicted of offenses 2 under the law of the State in making deter- 3 minations regarding housing such persons.’’. 4 Æ VerDate Sep 11 2014 04:42 Mar 22, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H1490.IH H1490 kjohnson on DSK79L0C42PROD with BILLS