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AL HB601
Bill
Status
2/18/2010
Primary Sponsor
Jeff McLaughlin
Click for details
AI Summary
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Expands the definition of "child" in chemical endangerment law to include an unborn child in utero at any stage of development regardless of viability.
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Establishes venue for prosecution of in utero exposure cases in the county where the child is born.
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Creates a rebuttable presumption that exposure occurred in utero if both mother and child test positive for the same controlled substance at birth and the substance was not prescribed by a licensed physician.
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Maintains existing felony classifications: Class C felony for exposure, Class B felony if child suffers serious physical injury, and Class A felony if exposure results in death.
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Becomes effective on the first day of the third month following passage and approval by the Governor.
Legislative Description
Chemical endangerment of exposing a child to an environment in which contolled substances are produced or distributed, crime of, children, exposure to controlled substances by mother, to include child in utero, venue established, presumption of guilt created by positive drug test at time of birth, Sec. 26-15-3.2 am'd.
Crimes and Offenses
Last Action
Indefinitely Postponed
4/14/2010