TENNESSEE’S FETAL ASSAULT LAW FAILED TO PASS, WILL EXPIRE JULY 1ST

NASHVILLE  – A law that criminalizes women who give birth to drug dependent babies will expire July 1.

An amendment to extend the law failed to pass in a Criminal Justice Subcommittee, receiving three votes in favor and three votes against the proposal. The fetal assault law criminalizes mothers who use illegal narcotic drugs while pregnant and do not seek treatment.

The failed amendment would have not only extended the law, but also limited it to only apply after 25 weeks of pregnancy. Tennessee Representative William Lamberth said the language of the bill was changed to 25 weeks because proponents of the bill were concerned women were having abortions to avoid criminal prosecution.

An East Tennessee mother traveled spoke to the committee last week, sharing her argument as to why the law should go away. Brittany Hudson was one of the first to be charged under the law and told lawmakers she did not think extra jail time would help addicts get clean. She said the current law prevented pregnant women from seeking prenatal care.