H.R. 1490 — Introduced in House

I 118th CONGRESS 1st Session H. R. 1490 IN THE HOUSE OF REPRESENTATIVES March 9, 2023Mr. 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. 1. Short title This Act may be cited as the Preventing Violence Against Female Inmates Act of 2023. 2. Housing prisoners based on sex (a) Federal prisons (1) In general Chapter 303 of title 18, United States Code, is amended by adding at the end the following: 4052. Bar on housing together prisoners of different sexes (a) Definition In this section, the term biological sex means the biological classification of male and female in the context of reproductive potential or capacity, as indicated by sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth. (b) Bar The Bureau of Prisons— (1) shall use the biological sex of persons charged with or convicted of offenses against the United States in making determinations regarding housing such persons; and (2) shall not co-locate in detention facilities persons charged with or convicted of offenses against the United States if those persons are not of the same biological sex, except that persons charged with or convicted of offenses against the United States who are not of the same biological sex may be co-located on a temporary basis, not including overnight housing. . (2) Technical and conforming amendment The table of sections for chapter 303 of title 18, United States Code, is amended by adding at the end the following: 4052. Bar on housing together prisoners of different sexes. . (b) State prisons Section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152) is amended by adding at the end the following: (i) Bar on housing together prisoners of different sexes (1) Definitions In this subsection, the term biological sex has the meanings given such terms in section 4051 of title 18, United States Code. (2) Limitation on eligibility for funds Beginning in the first fiscal year beginning after the date of enactment of this subsection, a State may not receive funds under this subpart for a fiscal year if the State does not submit to the Attorney General a certification that the State— (A) prohibits co-locating in detention facilities persons charged with or convicted of offenses under the law of the State if those persons are not of the same biological sex, except that persons charged with or convicted of offenses against the United States who are not of the same biological sex may be co-located on a temporary basis, not including overnight housing; and (B) requires the use of the biological sex of persons charged with or convicted of offenses under the law of the State in making determinations regarding housing such persons. .