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Ark. House, Senate Diverge on Pregnant Addict Penalties
February 18, 2005

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News Summary

The Arkansas Senate voted 30-0 to charge women who give birth to drug-addicted babies with neglect, but the state House defeated a measure to increase criminal penalties on drug-using pregnant women.

The Arkansas News Bureau reported Feb. 17 that the state Senate unanimously approved S-114, which would require doctors to report births of addicted babies to the Department of Human Services.

Sponsor Sen. Tim Wooldridge (D-Paragould) said the measure was in the best interest of the child and the mother. But another supporter, Sen. Percy Moore (D-Arkadelphia), was less concerned about the welfare of addicted mothers. "I submit they're not mothers at all," he said, adding that addiction changes users' personalities and leads to abuse and neglect cases "that will make you nauseous."

In the state House, however, H-1265 failed by one vote to clear the House Judiciary Committee, the Northwest Arkansas News reported Feb. 16.

The House bill would have toughened criminal penalties on pregnant women who use drugs: for instance, a pregnant woman found in possession of an amount of drugs that normally would call for prosecution as a Class A misdemeanor would have instead faced Class D felony charges.

Cynthia Crone of the Arkansas CARES treatment program for mothers noted that alcohol use is a bigger threat during pregnancy than illicit-drug use, and said treatment would be a better option than jailing women for drug use. "The best way to help the children is to help their mothers," Crone said.

Both the Senate and House bills have been motivated by increasing numbers of children born addicted to methamphetamine in Arkansas.

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