HB 1333
In CommitteeHouse
Pregnancy loss
Concerning dignity in pregnancy loss.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill removes pregnancy loss (including miscarriage and stillbirth) from automatic coroner investigations unless other suspicious circumstances exist, repeals the criminal 'concealing birth' law, and requires correctional facilities to report pregnancy loss events to the state health department for public health tracking — all to improve care and data collection for incarcerated people experiencing pregnancy loss.
- Removes the phrase 'or where death results from a known or suspected abortion' from the list of deaths requiring coroner or medical examiner investigation — meaning pregnancy loss (including miscarriage or stillbirth) will no longer automatically trigger a coroner’s investigation unless other suspicious circumstances exist.
- Repeals the outdated 'concealing birth' law (RCW 9.02.050), which criminalized attempts to conceal a live birth or stillbirth — a law critics argue has been used to punish people for pregnancy loss or abortion.
- Requires detention facilities and private detention facilities to report annually to the Department of Health the number of people who experience miscarriage, stillbirth, or perinatal loss while incarcerated.
- Mandates that the Department of Health submit a statewide anonymized report to the legislature by December 1, 2026, and annually thereafter, detailing pregnancy loss events in detention facilities — without including personal identifying information.
Who is affected
- Incarcerated individuals who experience pregnancy loss — People incarcerated in county or state detention facilities (including jails and prisons) who experience pregnancy loss (miscarriage, stillbirth, or perinatal loss) while confined; this provision ensures such events are tracked for public health monitoring without identifying individuals.
- Public health agencies and lawmakers — State and county health departments and legislatures, which will receive standardized, anonymized data to better understand and respond to pregnancy loss among incarcerated people.
- Detention facility staff — Correctional and detention facility staff, who must begin collecting and reporting data on pregnancy loss events beginning in 2026.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (4)
Ending mandatory coroner investigations and repealing the 'concealing birth' law prevents the criminalization of pregnancy loss — a historically weaponized tool used disproportionately against low-income and marginalized people, especially those incarcerated, for seeking or experiencing abortion or miscarriage.
Rights & LibertiesPeopleRef: Sec. 1 (removing automatic coroner investigations for pregnancy loss) and Sec. 3 (repealing RCW 9.02.050)Systematic data collection on pregnancy loss in incarceration will improve public health monitoring and accountability, enabling evidence-based improvements in prenatal and perinatal care for incarcerated people — a population with documented high rates of adverse outcomes due to systemic neglect.
Public SafetyPeopleRef: Sec. 2 (mandating anonymized reporting of pregnancy loss in detention facilities to DOH and legislature)By removing legal barriers to reporting and decriminalizing pregnancy loss, the bill encourages healthcare providers and facility staff to document and respond to pregnancy loss without fear of legal escalation — improving clinical transparency and reducing barriers to compassionate care.
HealthcarePeopleRef: Sec. 2 (requiring annual reporting to DOH and legislature, with no PII) and Sec. 3 (repealing RCW 9.02.050)The bill creates a low-cost, high-impact data infrastructure to track maternal health outcomes in incarceration — a critical step toward equity, given Washington’s documented racial and socioeconomic disparities in maternal mortality.
Public SafetyPeopleRef: Sec. 2 (mandating anonymized reporting to DOH) and fiscal impact (minimal cost to DOH for annual report)
Potential Concerns (1)
Removing automatic coroner investigations for pregnancy loss may reduce oversight in cases where medical negligence, abuse, or coercion contributed to pregnancy loss — especially concerning given documented patterns of medical mistreatment of incarcerated people, and may hinder criminal investigations in rare but serious cases of harm.
Public SafetyPeopleRef: Sec. 1 (amending RCW 68.50.010, removing 'or where death results from a known or suspected abortion' and 'or where death is due to premature birth or still birth')
Who Is Most Affected
Incarcerated individuals who experience pregnancy loss will no longer face criminal investigation or prosecution for pregnancy loss or attempted concealment — reducing legal trauma and enabling more honest engagement with medical staff. However, those in facilities with poor prenatal care may still face preventable harm due to systemic underfunding.
Public health agencies gain standardized, anonymized data to identify gaps in care and allocate resources; lawmakers gain evidence to support policy reforms. However, without additional funding or enforcement mechanisms, data alone may not translate into improved care.
Detention facility staff gain clarity on reporting obligations and reduced legal ambiguity around pregnancy loss — potentially reducing fear of liability. However, they may face operational strain if facilities lack protocols or training for managing such events compassionately.