'COCAINE MOM' BILL APPROVED IN ASSEMBLY, SENT TO SENATE

Supporters Say Change In Judiciary Committee Chief Makes Passage More Likely

Madison -- The state Assembly gave final approval Thursday to the "cocaine
mom" bill and sent it to the Senate, where supporters said its prospects
for passage are brightened by the recent appointment of a new Judiciary
Committee chairman.

If the bill becomes law, Wisconsin would become the first state in the
nation to allow judges to order drug- or alcohol-addicted pregnant women
detained to protect their fetuses.

Gov. Tommy Thompson has said he will sign the bill if it reaches his desk.

Sen. Joanne Huelsman (R-Waukesha), the Senate author of the bill and a
member of the Judiciary Committee, said she thinks there is enough support
among senators to pass the measure.

"I would think it would have a pretty good chance," she said. "At this
point, I haven't heard any opposition to it."

Huelsman said she has asked Sen. Robert Wirch (D-Kenosha), the new chairman
of the Judiciary Committee to which the bill is likely to be referred, to
hold a hearing on it as soon as possible.

She said she was optimistic the committee, of which she is a member, would
take up the bill.

Wirch was named last week to succeed former Democratic senator Lynn Adelman
as head of the Judiciary Committee. As chairman, Adelman was known for
killing legislation that he opposed.

Wirch said Thursday that he is struggling to deal with the 130 bills
sitting in his committee, but he did not rule out holding a hearing on the
"cocaine mom" bill.

Although he was not familiar with every detail of the bill, Wirch said, in
general, he is not opposed to it.

"I don't have any opposition to it at this time, but I haven't had the time
to really look at it yet," he said.

The legislation was drafted after incidents in Waukesha and Racine in which
pregnant women refused to get treatment for their abuse of alcohol or drugs.

In the Waukesha case, the woman -- identified only as Angela -- was
detained under a court order, but her lawyer fought the order all the way
to the state Supreme Court, which ruled there was no law specifically
allowing judges to detain pregnant women with drug or alcohol addictions.

Last month, the woman, who is pregnant again, was charged with misdemeanor
possession of drug paraphernalia after being arrested for having cocaine
pipes hidden in her shoes.

Reporting Required

Under the legislation, physicians and other medical professionals would
have to report a pregnant woman who refuses to stop abusing alcohol or
drugs and has refused treatment.

After a hearing, a judge could order the woman to be held in a treatment
facility or other secure facility. If the judge ruled the fetus a "child in
need of protective services" under a law now commonly used to protect
children from abuse, the pregnant woman could be detained until she gave
birth.

The Assembly passed the bill Nov. 19 on a 69-27 vote. But Minority Leader
Walter Kunicki (D-Milwaukee), who voted in favor of the measure, delayed
final action on the bill by forcing a vote to reconsider it.

By a vote of 62-35 Thursday, the Assembly voted not to reconsider the bill,
and it immediately was sent to the Senate.

Advocates of the legislation argued it was needed to protect fetuses.

"I think it was really important that this bill pass because we're talking
about moms who want their babies but are damaging them," said Rep. Bonnie
Ladwig (R-Racine). "We're trying to address the moms who are absolutely
refusing treatment."

Ladwig also said she was confident Wirch would schedule a hearing on the bill.

Opponents of the bill argued that the provision requiring medical
professionals to report addicted pregnant women would backfire because it
could make pregnant women who need medical services afraid to seek help.

Rep. Barbara Notestein (D-Milwaukee) said not all people seeking treatment
for drug and alcohol abuse can even get into treatment programs because of
limited money for such programs.

She said the solution to the "cocaine mom" problem was to adequately
finance treatment programs.

"We're not solving the problem," she said of the bill. "We're taking two or
three cases and making public policy on those few situations."