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Sponsor rolls House Bill 303 after opponents warn criminal penalties would deter care
Summary
House Bill 303 would have required action when a newborn tests positive for controlled substances, including a care-plan requirement before hospital discharge; the sponsor said she would strike specified language after concerns from civil-rights and medical groups and asked to roll the bill for redrafting.
Representative Dowell introduced House Bill 303, a proposal that would change how hospitals, child‑welfare authorities and law enforcement respond when a newborn tests positive for controlled substances at birth. The sponsor said the bill intends to ensure a care plan is in place before a newborn exposed to substances leaves the hospital and to connect the parent and child with services.
“I'm trying to get mothers the help that they deserve so they do not end up in prison, that they do not end up being prosecuted, and that these babies' lives are saved,” Representative Dowell said in her opening remarks, describing past cases in which newborns exposed to substances later suffered harm.
Opponents included the ACLU and health‑care advocates, who said criminal penalties and mandatory reporting risks would deter pregnant people from seeking prenatal care and would widen racial disparities in reporting and intervention. The ACLU's attorney told the committee that punitive criminal responses “can actually cause further harm” and urged lawmakers to treat substance use as a public-health issue rather than the start of a criminal prosecution.
Several child-advocacy and foster‑care witnesses urged stronger early intervention and care plans for newborns exposed to substances. Multiple speakers described cases of infants withdrawing and urged better coordination of treatment and supports.
Rather than advancing the bill at this hearing, Representative Dowell said she would remove contested language (referencing specific lines on page 4) and work with prosecutors and stakeholders on more narrowly tailored language. The sponsor asked the committee to roll the bill to allow time for amendment; the committee agreed to roll HB 303 for later consideration.
Ending: The sponsor agreed to strike specified newly proposed language and requested the bill be rolled so staff can prepare amended language that addresses civil‑rights, medical and prosecutorial concerns. The committee did not vote to advance the measure during this hearing.
