Texas prosecutor supports disease prevention, "I'm all for making this country and world a better place to live."

Williamson County District Attorney John Bradley isn't the EF Hutton of Texas criminal justice that he used to be. When he talks ... fewer and fewer people listen. When Mr. Bradley tried to rally opposition to HIV prevention through syringe exchange this month on the computer forum where he communicates with fellow prosecutors across the state, he was met with the sound of crickets. (He goes by "JB" on the forum.) It's been over a week and there is no indication that any of his colleagues read his post.

The last time Mr. Bradley tried to stir up the same hornet's nest, in 2007, no one stuck out their neck to agree with him and one Texas prosecutor respectfully but firmly disagreed. Here is their conversation:

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Originally posted by JB:
And next up are free cab rides for drunks at bars because of the high accident rate of drunks.

Is there a principle here for drawing a line and simply enforcing the law that is being broken?

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I think the principal at work here is some realization that the war on drugs has not been very successful and that, in an effort to mitigate the high social costs of certain kinds of drug abuse, lawmakers are being realistic about the existence of the problem.

Social issues like disease and death via needle sharing, transmission of deadly disease to absolutely innocent third parties who contract via sex (or in the past, blood transfusions), the high costs to our public medical system that are basically bankrupting it and the spectre of addiction are being addressed with this approach.

I don't think anyone would argue that those not already inclined to engage in this activity would be lured into it by a program of this nature.

Instead, it is an effort to mitigate the above-listed problems, amongst others, and to extend some degree of humanity to those addicted persons currently behaving as outlaws.

If the program extended to supplying them whatever it was they needed drugwise, similar to the methadone program, I would think we could reduce drug related crimes massively, since the incentive to steal, rob, etc would be removed.

I'm all for making this country and world a better place to live. If this is what it takes to get these folks and their drug seeking crime off of the streets, not spread disease to innocents, and ease the burden on our public health care sector, then it seems like a good deal.

Bear in mind, JB, we're talking about a specific area here with problems that are directly and affirmatively linked to IV drug abuse. No one is proposing that crackheads be given free crack to smoke or a safe harbor to do it. (emphasis added.)

The Texas prosecutor association is on the record at the legislature as neutral on this HIV prevention legislation and testified that their members will have no problem if the legislature decides to grant local governments the option to use this disease prevention tool.

DA will not prosecute 73-year old Chaplain if HIV and Hep C prevention program passes

As reported by USA Today, the LA Times and others, Bexar County (San Antonio) District Attorney Susan Reed is prosecuting 73-year-old San Antonio chaplain Bill Day for preventing the spread of HIV by removing deadly dirty needles from the community and exchanging them for clean ones. Chaplain Day currently faces one year of incarceration and thousands of dollars in fines.

Last week, Texas Senator Jeff Wentworth announced on the Senate floor that Susan Reed will dismiss the case if the Texas legislature approves the Chaplain's HIV prevention program:

"Susan Reed is the criminal District Attorney for Bexar County and she did have some difficulty with this but her office has advised my office that if this bill passes, she will not prosecute."

You can watch the video by clicking here and forwarding to 2:07:10.

SB 188 heads to the House, Chairman Coleman's HB 3707 referred to Public Health

This morning Senator Deuell's disease control bill, SB 188, was considered on third reading and passed out of the Senate with 23 yeas and 6 nays. Now the bill will head to the House to join its companion bills in the Public Health Committee.

Before it passed out of the Senate, SB 188 picked up two more co-authors, Senators Hinojosa and West. Thank you Senators!

Last week Representative Garnet Coleman, Chair of the House Committee on County Affairs, filed HB 3707 relating to county-regulated disease control programs to reduce the risk of certain communicable diseases for certain counties. Thank you Chairman Coleman! Earlier today HB 3707 received its first reading in the house and was then referred to the Public Health Committee. Representative Ortiz, author of HB 272, is a joint author of the bill.

HB 3707 is very similar to the other disease control bills filed this session (SB 188, HB 142, & HB 272), with the main difference being that it would limit the counties that are eligible to establish programs to those with a population of more than 730,000. The legislation allows the county commissioner's courts in the six largest counties in Texas to approve the establishment of a syringe exchange program, and provides for a defense to prosecution for individuals participating in the programs.

To learn more about the benefits of syringe exchange programs please visit www.texasaccessproject.org.

Senate votes for allowing disease prevention programs

Earlier this afternoon the committee substitute for Senate Bill 188 was taken up for consideration on the Senate floor and passed to engrossment by a vote of 23 yeas and 7 nays. This was the second reading of the bill, and a final vote should occur on Thursday.

Voting with the yeas were Senators Averitt, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Gallegos, Harris, Hegar, Hinojosa, Lucio, Nelson, Nichols, Seliger, Shapleigh, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire and Zaffirini.

Senators voting nay included Estes, Fraser, Huffman, Ogden, Patrick, Shapiro, and Williams. Senator Jackson was absent.

While laying out the bill Senator Deuell said that if this legislation becomes law it will save the state money without costing the state any money, and that countless studies have shown syringe exchange programs do not increase drug use.

Senator Wentworth pointed out that Bexar County District Attorney Susan Reed, who blocked full implementation of the pilot syringe exchange program that passed last session, has advised his office that if this bill passes she will not prosecute people participating in the programs.

To watch the Senate consideration and vote on CSSB 188 visit the Senate RealMedia Video Archives page, scroll down and click on the March 18 Senate Session, and skip ahead to 2:07:20 into the video.

The Access Project would also like to take this opportunity to thank Senators Wentworth and Zaffirini, who each represent a portion of Bexar County, for signing on as co-authors of SB 188. Thank you!

Abilene Reporter News op-ed: It's time to consider needle exchange program

Sunday's edition of the Abilene Reporter News featured an opinion piece on the benefits of allowing syringe/needle exchange programs in Texas. The author of the op-ed, Dr. William Martin, is a Senior Fellow at the James A. Baker III Institute for Public Policy at Rice University and an expert on the issue.

At the end of the piece, Dr. Martin addresses why he believes Texas has not already implemented such programs:

Given the overwhelming evidence, why have policymakers resisted establishment of such proven lifesaving programs? Why have politicians and platforms of both major parties repeatedly vowed, "Not a dime for needle exchange programs!"? The real reason may be fear that any sign of being "soft on drugs" will hurt their standing among people who have not looked at the issue. But the rationale most commonly, often honestly, offered is, "It sends the wrong message."

Before we accept that rationale, we need to think about the message we send to IDUs: "We know a way to dramatically cut your chances of contracting a deadly disease, then spreading it to others, including your unborn children. It would also dramatically cut the amount of money society will have to spend on you and those you infect. But because we believe what you are doing is illegal, immoral and sinful, we are not going to do what we know works. As upright, moral, sincerely religious people, we prefer that you and others in your social orbit die."

The Texas Legislature is considering a bill to permit needle exchange programs. No responsible person wants to encourage drug abuse. No fiscally prudent person wants to waste money simply to satisfy a sense of righteous indignation. No compassionate person wants to consign people unnecessarily to death or a living hell. Fortunately, providing injecting drugs users with access to sterile syringes allows us to be responsible, prudent and compassionate -- admirable criteria for good public policy.

To read more of Dr. Martins work on this subject visit http://www.bakerinstitute.org/programs/drug-policy

Senate Bill 188 vote correction and movement update

Last week we let you know that the committee substitute for Senate Bill 188 was voted out of the Health and Human Services Committee on a vote of 5 to 1 with three senators absent. Now that the committee report is available we have learned that the three senators we listed as being absent actually submitted their votes by proxy, updating the final vote count to 7 to 2. Senators West and Zaffirini voted aye, and Senator Patrick voted nay.

Senate Bill 188 has been placed on the Senate Intent Calendar and could be voted on by the full Senate as early as next week.

Houston Chronicle and Associated Press focus the public on syringe access bill

The Houston Chronicle published an Associated Press description of the syringe access issue and the Texas bill, "Senate panel OKs shield for needle exchange." Constable Jimmy Willburn, pictured here, traveled to Austin to testify in favor of saving the lives of our public servants. Here is an excerpt:

In written and vocal support on Tuesday, law enforcement and health practitioners said the proposed legislation would prevent the spread of disease among drug users and prevent spread to the families of drug users, children who find dirty needles and others who are stuck by dirty needles.

Also, retired Bexar County Constable Jimmy Wilborn told the committee on Tuesday that the legislation would lower the chances of police officers contracting disease from contaminated syringes.

“My partners were stuck with needles when we were executing search warrants. As a constable in Precinct 2, two of my people were stuck with needles,” he said. “The fact of the matter is, if these people are distributing these needles, it’s going to be better for the police officers because of one reason — because they are going to be exchanging these things.”

The Texas Department of State Health Services has predicted that 100 new cases of HIV could be prevented in the first year of implementing a needle-exchange program.

Texas is the only state that doesn’t allow syringe exchange programs of any kind.

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Syringe exchange bill approved and headed to the Senate floor

The Senate Committee on Health and Human Services held a public hearing today and reported the committee substitute for Senate Bill 188 favorably from the committee on a vote of five ayes, one nay, with three senators absent. Voting in favor of CSSB 188 were Senator Nelson, Chair of the Committee, and Senators Deuell, Nichols, Shapleigh, and Uresti. Senator Huffman voted against and Senators Patrick, West and Zaffirini were absent.

Senator Deuell explained that his substitute language simply changes the exception to prosecution to a defense to prosecution and the substitute language exactly matches the bill the Senate passed in 2007.

Testifying in favor of the bill on behalf of the Texas Medical Association was Dr. Janet Realini, a family physician from San Antonio. Dr. Realini spoke about the medical evidence supporting the effectiveness of syringe exchange programs, and shared a moving story about having to tell one of her patients, a young mother of two she described as an innocent victim, that she tested positive for HIV. Dr. Realini implored the committee members to get the bill passed to help get injection drug users into treatment and keep them from infecting their families.

Next to testify was retired Bexar County Constable Jimmy Willborn, also a retired San Antonio police officer and former narcotics officer and supervisor. Constable Willborn said that while working in law enforcement some of his partners and employees, and EMS workers who he knew, were stuck with needles when they were executing search warrants and searching or helping individuals. He emphasized that syringe exchange programs will make it better for police officers because the programs will help decrease the chance of a disease being passed on to an officer.

Groups who registered in favor of SB 188 but did not testify include:
Texas Impact
ACLU of Texas
Texas Pediatric Society
Legacy Community Health Services
Scott & White Center for Healthcare Policy

To watch the hearing visit the Senate RealMedia Video Archives page on the Texas Senate website, and click on part two of the hearing on March 3. The fiscal note and bill analysis are available on Texas Legislature Online, but the Committee Substitute has not been posted as of this time.

Those who testified and registered in favor of CSSB 188, and of course those senators who voted in favor, have helped Texas move toward a sensible solution. When the federal government begins to fund syringe exchange programs, Texas should not be left out.

Learn more about the issue here.