HB1398: HB1398 Georgia Child Care Alternatives, Resources, and Education Act; Trixtian's Law; enact

Georgia law currently sets a 72 hour window for bringing an arrested person before a judge but says nothing about pregnancy testing at that stage. This bill would require that any woman not released on bond within 72 hours of arrest be offered a urine pregnancy test, unless she declines. A positive result would become a factor in setting bail, but bail could not exceed $100 unless the woman poses a significant threat to others or public safety. The bill also rewrites Georgia's existing law on pregnant and postpartum inmates (O.C.G.A. § 42-1-11.3). It adds new definitions, bars solitary confinement and most restraints for pregnant or postpartum women, requires courts to treat pregnancy or postpartum status as a mitigating factor at sentencing, and lets judges defer prison terms for pregnant women who pose no significant danger until at least 12 weeks after childbirth, replacing that time with supervised probation. Starting January 1, 2027, penal institutions must report certain incarceration and testing statistics to the Department of Public Health, and medical information gathered under these provisions generally cannot be used to prove criminal guilt.

• Requires jails to offer a urine pregnancy test to any woman not released on bond within 72 hours of arrest, unless she declines it.
• Caps bail at $100 for a woman with a positive pregnancy test result unless she poses a significant threat to a person or public safety.
• Bans strip search squatting/coughing requirements, most restraints, and solitary confinement for pregnant or postpartum women in custody, with narrow safety exceptions.
• Lets judges defer a pregnant woman's prison sentence for at least 12 weeks after childbirth in favor of supervised probation, if she poses no significant danger.
• Requires annual reporting to the Department of Public Health starting January 1, 2027 on incarcerated women, pregnant inmates, and declined pregnancy tests.
• Restricts use and disclosure of pregnancy and postpartum medical information, generally barring its use to prove criminal guilt after January 1, 2027.

Women arrested and held in Georgia jails, pregnant and postpartum women incarcerated in state or county penal institutions, judges setting bail and sentences, sheriffs and other custodians, probation and community supervision officers, the Department of Corrections, and the Department of Public Health.

The bill would change how pregnant women are treated from the moment of arrest through sentencing and incarceration, limiting restraints and solitary confinement, capping certain bail amounts, and letting some avoid prison time right after childbirth in favor of supervised probation instead.

• Section 1-2 rewrites O.C.G.A. § 17-4-26 to require a urine pregnancy test for women held over 72 hours after arrest and to cap bail at $100 for a positive result absent a significant safety threat.
• Section 2-1 rewrites O.C.G.A. § 42-1-11.3, adding definitions for terms like 'postpartum woman,' 'pregnant woman,' and 'supervision officer.'
• Subsection (d) limits use of handcuffs, shackles, and other restraints on pregnant women in later pregnancy, labor, delivery, or the immediate postpartum period, with documented exceptions for safety or flight risk.
• Subsection (e) bars placing pregnant or immediate postpartum women in solitary confinement or administrative segregation, though a private cell or hospital room alone is allowed.
• Subsection (g) allows courts to defer a pregnant woman's prison term until at least 12 weeks after birth, replacing it with probation supervised by phone, without fines or fees, until she surrenders to the Department of Corrections.
• Subsection (h) requires annual reporting to the Department of Public Health starting January 1, 2027 on incarcerated women, pregnant inmates, and declined pregnancy tests.
• Subsection (j) restricts disclosure of pregnancy-related medical information and bars its use to establish criminal liability on or after January 1, 2027, except when obtained independently through other lawful means.

1. 2026-02-26House Committee Favorably Reported By Substitute (House)
2. 2026-02-24House Second Readers (House)
3. 2026-02-20House First Readers (House)
4. 2026-02-19House Hopper (House)

• Sharon Cooper (R, HD-045)Primary sponsor
• Lehman Franklin (R, HD-160)
• Spencer Frye (D, HD-122)
• Leesa Hagan (R, HD-156)
• Kasey Carpenter (R, HD-004)
• Bill Hitchens (R, HD-161)

• pregnant inmates
• bail reform
• criminal justice
• women's health
• sentencing