Capitol Notebook: Unborn Child Battery Bill Passes, Governor’s Computer Coding Bill Approved

A bill that would provide more protections for unborn children in the state law involving assault and battery passed the House Judiciary Committee Thursday morning.

The committee approved House Bill 1376, sponsored by Rep. Nate Bell, R-Mena.

The bill would amend state law by including “an unborn child in utero at any stage of development” to the statute.

Bell said a Jan. 28, 2015 ruling by the Arkansas Court of Appeals pushed for clarification on the law.

The case involved a mother, Melissa McCann-Arms, who gave birth to a child at a hospital in Mena in 2013.

While at the hospital, officials there found a pipe used to smoke meth in the woman’s belongings, Bell told the committee.

McCann-Arms was convicted of introducing a substance into the body of another person and was sentenced to 20 years in prison, the Court of Appeals opinion noted.

Nurses testified in court that the child had several withdrawal symptoms from drugs, the opinion noted.

The court affirmed the conviction but asked for clarification from the legislature on the law.

“I write separately simply to express my belief that, while this factual scenario may technically fit within the parameters of the statute as written, I do not believe the legislature intended for the statute to be utilized in this manner,” Appeals Court Judge Phillip Whiteaker wrote in a concurrent opinion. “If the legislature does in fact intend this statute to apply to an in utero transfer of a controlled substance from a mother to her child, it should amend the statute to make its intent patently clear.”

Several witnesses, including Dr. Charlotte Hobbs with the American Academy of Pediatrics, said the bill’s intent may involve criminalizing addiction.

Hobbs said she believed it was important for a baby to get prenatal care and that the bill may force addicted mothers to not seek the care due to fear of being arrested.

Jason Files, with the Arkansas Criminal Defense Attorneys group, also questioned the need for the bill, saying the battery statute already covered cases like this.

The bill now heads to the House.

The House Education Committee approved a bill that would allow private schools the authority to allow concealed carry permit holders to carry weapons on their property, content partner KUAR reported.

The bill, House Bill 1372, was sponsored by Rep. David Meeks, R-Conway.

A supporter of the bill – Rep. Grant Hodges, R-Bentonville – said the bill would apply to private schools not affiliated with churches.

Hodges said the bill would serve as a way to stop criminal activity and protect people.

“You’ve heard this with the other concealed carry bill for college campuses,” Hodges told the committee. “Really what we’re shooting for is a deterrent effect because we think that somebody that would want to do harm or possibly kill somebody would go somewhere without guns.”

Rep. John Walker, D-Little Rock, said the bill would do nothing on either account.

“I do not understand why these people believe that they can allow people to carry guns and thereby provide a safer environment. Guns and safety have no real correlation,” Walker said.

FLOOR ACTION
It was an argument of local control versus safety Thursday as the House approved a bill to allow for local control over fluoride levels in water systems.

The House voted 60-34 to approve House Bill 1355, sponsored by Rep. Jack Ladyman, R-Jonesboro.

The bill would leave the decision on the amount of fluoride in water up to a “company, corporation, municipality, county, government agency or other entity that owns or controls a water system.”

However, if they decide to adjust the amount of fluoride in the water, it shall not exceed the maximum amount set by the Arkansas Department of Health.

Ladyman, who told House members he has 30 years’ experience working in the water industry, said he believed local communities should make the decision.

Rep. Deborah Ferguson, D-West Memphis, who is also a dentist, said fluoride does have a benefit to people especially young children who are growing their adult teeth.

The bill now heads to the Senate.

SENATE
The Senate overwhelmingly approved two education-related bills Thursday.

The Senate voted 32-0 to approve House Bill 1183, sponsored by Rep. Bill Gossage, R-Ozark. The bill would require computer science classes be made available at the high school level around the state.

The House voted Feb. 5 by a 99-0 margin to approve the bill, which has been a key focus of the Hutchinson administration.

The House also voted Wednesday to approve a $5 million general improvement appropriation to fund the program.

In a statement late Thursday, Hutchinson applauded the Senate vote.

“I am very pleased that the General Assembly has passed my plan to offer computer-coding classes in high schools across the state. I especially want to thank Rep. Bill Gossage and Sen. Missy Irvin for their leadership in guiding it through the legislature,” Hutchinson said. “By passing this bill, Arkansas will become a national leader in computer science education, and we’ll be preparing a workforce that’s sure to attract business and jobs to our state. Of all the big-ticket items we’ve dealt with this legislative session, this relatively small-ticket item may have the greatest long-term impact.”

The Senate also voted 30-1 to approve a bill requiring cursive writing be taught in the state’s elementary schools.

NEW ABC DIRECTOR
Hutchinson also appointed Gary “Bud” Roberts Thursday as the state’s new Alcoholic Beverage Control Division director.

Roberts founded the Roberts Law Firm in Little Rock and also has a law practice in Benton.

“I am pleased to announce Bud Roberts as the new Director of Alcoholic Beverage Control. Bud’s breadth of experience in Arkansas law, in addition to the knowledge he possesses of the issues related to ABC, makes him the right choice as new director,” Hutchinson said in a statement.

Roberts received his law degree from the William H. Bowen School of Law at UALR and a degree from LSU, where he studied finance, Hutchinson’s office said.