Bill Expands Felony Assault And Battery Charges To Addicted Mothers

Bill Expands Felony Assault And Battery Charges To Addicted Mothers

A new bill defining an unborn child as a person in felony and battery assault cases will enable judiciary action against drug addicted mother for harm against their infants.

Representative Nate Bell, who sponsored the already approved bill, declared that its purpose is not to “ the definition of who the person is to include a child in utero”, since that had already been done, but rather to “ one more criminal statute that charges can be subsequently and successfully prosecuted”.

In effect, the Unborn Victims of Violence Act, which officially recognizes any unborn child as a potential legal victim, was first passed in 2004 by the House Judiciary Committee, the same entity responsible for the approval of the present bill.Back in 2004, it was met with strong opposition, mainly from pro-choice groups on the grounds of the U.S. Supreme Court Roe V. Wade ruling by which no human fetus was considered a person under the Fourteenth Amendment to the Constitution.

In addition, almost exactly eight years ago the Senate committee passed a bill that would change Garrett’s Law making it mandatory for medical professionals to report instances of suspicion regarding a newborn child being affected by the mother’s illegal drug abuse. However, according to Rep. Bell, prosecutors need more authority in cases that the medical community doesn’t encounter, and emphasized the need for such behavior to be prosecuted.
Unlike what happened in 2004 with the Unborn Victims of Violence Act, this approved bill was not met by staggering opposition, but rather by a single vote in opposition, that of Rep. Camille Bennett. “We’re basically criminalizing addiction” she said, presenting the question “is that the intent of this bill?”.

Outside the House of Representatives, the opposing voice belonged to University of Arkansas Medical Sciences physician Charlotte Hobbs who works closely with newborns and is currently researching the relations between birth defects and pregnancy exposures. According to Hobbs, such a law would discourage prospective mothers from seeking medical care.“I know for the baby it’s very important the mom gets prenatal care and is not afraid to come to the hospital,” she said. Her stance on the issues is reminiscent of the times following the indiscriminate criminalization of abortion, during which the search for unsanctioned medical care by expecting mothers increased, motivated by the fear of being sent to jail or any correctional facility for choosing to end a pregnancy.

The judicial definition of an unborn child was changed again in 2013 from “a living fetus of twelve weeks or greater gestation” to “an offspring of human beings from conception until birth.” The law currently defines an unborn child as a person in capital murder and negligent homicide cases.