ATLANTA – State Representative Sharon Cooper (R-Marietta), Chairman of the House Health and Human Services Committee, today announced that Governor Brian Kemp signed House bills 345 and 346 into law on Wednesday, May 8, 2019. Sponsored by Rep. Cooper, House Bill 345 addresses health care conditions for pregnant inmates, and House Bill 346 protects tenants from retaliation when reporting poor housing conditions that are dangerous to their health and safety.
“I want to thank Governor Kemp and his staff for their leadership in signing these two important pieces of legislation,” said Rep. Cooper. “Since I was first elected to the House, I have worked to promote the health and well-being of Georgia’s children and families. At their core, these bills seek to protect some of Georgia’s most vulnerable populations. House Bill 345 will restore a measure of dignity to those women facing childbirth behind bars, while House Bill 346 will ensure every Georgian can live and thrive in a healthy home environment.”
House Bill 345 will address health care conditions for pregnant inmates or inmates who are in the immediate postpartum period. HB 345 prohibits the use of handcuffs, waist shackles, leg irons or restraints of any kind on a female inmate who is in the second or third trimester of pregnancy, in labor, in delivery or in the immediate postpartum period. The bill will only allow the use of wrist handcuffs, held in front of the inmate’s body, if there are compelling grounds to believe that the woman presents an immediate and serious threat of harm to herself or others or is a substantial flight risk and cannot be contained by other means. It also prohibits custodians from requiring an inmate during the second or third trimester of pregnancy to squat or cough during a strip search, and a pregnant inmate is not required to undergo any vaginal examinations unless prescribed and performed by a licensed health care professional. Finally, this bill also protects pregnant or postpartum inmates from being placed in solitary confinement, but the inmate is still authorized to be placed in a cell or a hospital room by herself.
House Bill 346 will provide certain rights for tenants who submit complaints about the health and safety of their living conditions. If a tenant files a complaint regarding a building, housing or utility code, landlords will be prohibited for three months from retaliating or evicting a tenant. During this three-month period, landlords are not allowed to file a dispossessory action, deprive tenants from using the premises they are leasing, increase rent or terminate the lease unless the landlord can prove that the cause was not out of retaliation. The landlord must pay one month’s rent plus $500 and any damages or expenses to the tenant when there is proof of retaliation after the complaint process has begun. This bill will protect landlords when the property has been inspected by a code enforcement officer, building inspector of the state or federal government program, which certifies that the property complies with applicable housing and building codes within the 12 months prior to the tenant’s claim.
For more information on House Bill 345, please click here.
For more information on House Bill 346, please click here.
Representative Sharon Cooper represents the citizens of District 43, which includes portions of Cobb County. She was elected to the House of Representatives in 1996 and currently serves as Chairman of the Health & Human Services Committee. She also serves on the Judiciary Non-Civil, Regulated Industries and Rules committees.
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