SB34 Summary

• Amends Alabama Code Section 26-15-3.2 to expand the definition of "child" to include an unborn child in utero at any stage of development, regardless of viability, for purposes of the chemical endangerment crime.

• Establishes venue for prosecution of in utero exposure cases in the county where the child is born.

• Creates a rebuttable presumption that a mother exposed an unborn child in utero to a controlled substance if both the mother and child test positive for the same controlled substance at birth that was not prescribed by a licensed physician.

• Preserves the existing affirmative defense that a controlled substance was lawfully prescribed for the child and administered according to prescription instructions.

• Takes effect on the first day of the third month following passage and approval by the Governor.