Local Republican Committee Applauds Efforts of Riner & Bell with HB 1376

BY MELANIE BUCK –

Prosecuting Attorney Andy Riner was a special guest at the March meeting of Polk County Republicans. Riner was on hand to explain and answer questions regarding what he feels is an important issue, and one that he is responsible for jump-starting, House Bill 1376 [HB1376].

HB 1376 was filed by Arkansas State Representative Nate Bell in February among opposition from some in the medical field. If HB 1376 passes through the state’s Congress, it will clarify the term ‘person’ to include an unborn child in utero at any stage of development. The definition would not only change the law to apply assault and battery cases, but other cases as well. The current law is unclear as to what stage a fetus is considered a person, making it difficult to prosecute women who ingest drugs while pregnant.

The bill was filed after Riner made a call to legislators to clarify the law after he prosecuted Melissa McCann-Arms in a landmark, first of its kind case in January 2014 for ingesting drugs while pregnant. McCann-Arms was convicted of one count of Introduction of a Controlled Substance into the Body of Another Person and was sentenced to 20 years in the Arkansas Department of Corrections. Arms’ newborn baby was born at Mena Regional Health System addicted to methamphetamine.

The landmark case was brought before Judge Phillip Whiteaker of the Arkansas Court of Appeals who concurred with Riner that in the case of McCann-Arms, it did include unborn children and affirmed the conviction based on the fact that her fluids continued to flow through the umbilical cord to the infant for a period after the child was born. The case has since moved on to the Arkansas Supreme Court.

According to americanpregnancy.org, symptoms of methamphetamine-addicted babies include tremors, sleeplessness, muscle spasms, and feeding difficulties. Some experts believe that learning difficulties may result as the child gets older. Riner said in the Polk County Republican meeting on Monday, March 9, “This baby is born and he’s shaking from withdrawals but the nurses said that the worst thing is how addicted babies scream.” Riner said nurses have described heartbreaking sounds of horror when talking about the screams that come from drug-addicted babies.

Since the affirmation of McCann-Arms’ conviction by Judge Whiteaker, Riner has filed charges in a similar case. Jessica Fox was arrested on Monday, February 2, 2015 for two counts of Introduction of Controlled Substance into the Body of Another Person.  Fox gave birth to a child on October 17, 2013, which tested positive for four different drugs: methamphetamine, amphetamine, opiates, and Oxycodone. Fox tested positive for the same drugs with exception to opiates.

Although the road is now paved for prosecutors to pursue what many claim is becoming an all too common occurrence, it is expected to be met with opposition from the American Medical Association and the American Academy of Pediatrics who argue that laws that criminalize drug addiction in pregnant women steer them from pursuing prenatal care or drug rehabilitation. Riner stated that Bell has met that opposition but it hasn’t deterred him from working hard to ensure passage of the bill.

Attorney John Maddox spoke highly of Riner and Bell saying, “We are very fortunate to have the best prosecuting attorney in the state. We are well thought of because of him.” Maddox recently returned from the State Capitol where he spent two days with Bell while in legislative session. Maddox said Bell, and all Republicans, are working very hard day and night, to bring Arkansas the best legislation to its citizens.

Polk County Judge Brandon Ellison was also on hand and gave a report concerning the upcoming special election for the ¼ ‘jail tax’ and ¾ cent ‘jail tax’ to pay for bonds issued. Ellison said that although it’s not his project, but the Sheriff’s, he can say, “We are real close to having a site,” on which to build the new jail, pending passage of the tax and bond issue.

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Jeri Pearson

Jeri is the News Director for Pulse Multi-Media and Editor of The Polk County Pulse. She has 10 years of experience in community focused journalism and has won multiple press association awards.

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