Tennessee law would charge pregnant women with assault if baby born addicted to drugs

Expectant mothers who use illegal drugs while pregnant could face assault charges in Tennessee if their babies are harmed or born addicted to narcotics, under a recently proposed bill.

Rep. Terri Lynn Weaver (R-Lancaster) and Sen. Janice Bowling (R-Tullahoma) sponsored the bill, which aims to deter drug abuse and help women get treatment.

It would allow the women to avoid jail time and have their assault convictions removed if they enroll in an addiction recovery program while pregnant and successfully complete the program after delivery.

If passed, the law would go into effect July 1, 2019.

Weaver introduced a nearly identical bill that passed the Tennessee legislature in 2014, making it the first state with an explicit criminal offense for addicted mothers. However, the law included a “sunset” clause, which allowed it to expire after two years.

According to a 2016 report from the Associated Press, some doctors said the previous law backfired and encouraged women to avoid prenatal care, exposing their babies to more risks.