King v. Mothers
Suzanne Wills, Drug Policy Chair
November, 2004
Rebecca King, District Attorney for Potter and Armstrong counties, has prosecuted two mothers for delivery of drugs to a minor via their womb. Tracy Ward, 30, was sentenced to five years probation and ordered to undergo drug treatment. Alma Baker, 35, was sentenced to five years of deferred adjudication, ordered to pay a $1,000 fine, take parenting classes and serve 250 hours of community service.
In finding that a crime was committed in these cases, Ms. King relied on Texas Senate Bill 319 which became effective September 1, 2003. The bill amended the Penal Code to expand the definition of an "individual" to include an unborn child from fertilization forward. Rep. Ray Allen (R-Grand Prairie), sponsor of SB 319, disputes King's interpretation of the law. He says an exception in the state's penal code says the law can't be used against a mother who is taking drugs.
On September 22, 2004, Ms. King’s office sent a letter to doctors in Potter County saying SB 319, combined with other Texas statutes, dictates that health care providers notify authorities when a pregnant woman takes illegal drugs. Health care providers are quite alarmed. A group of organizations led by the American College of Obstetricians and Gynecologists and the
American Association for the Treatment of Opioid Dependence has asked Attorney General Greg Abbott to interpret the bill.
Their letter reads in part: “We are physicians, health care professionals, medical ethicists, midwives, child-welfare advocates, public health advocates, women’s rights advocates and researchers and we are writing to express our grave concern about S.B. 319….The problem of
alcohol and drug use during pregnancy is a health issue best addressed through education and
community-based treatment, not through the criminal justice system…. For prenatal care and other interventions to be effective…the patient must trust her health care provider to safeguard her confidence and stand by her while she attempts to improve her health and best care for the health of her fetus. Converting the physician’s exam room into an interrogation chamber and turning health care professionals into agents of law enforcement erodes this trust…. Drug dependency is a medical condition and should not be treated as a crime.” The complete text is at http://www.drugpolicy.org/docUploads/ola_tx_letter.pdf.
Rebecca King said, "It is a minimal percentage of women who have any prenatal care who we are looking at here.” She is scheduled to retire in January. It is important that Texas law prevents someone else from taking up her crusade.