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AL SB31
Bill
Status
2/7/2012
Primary Sponsor
Clay Scofield
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AI Summary
SB31 Summary
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Amends Section 26-15-3.2 of the Alabama Code to expand the definition of "child" to include an unborn child in utero at any stage of development regardless of viability in chemical endangerment laws.
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Establishes venue for prosecution of in utero exposure in the county where the child is born.
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Creates a rebuttable presumption that exposure in utero occurred if both the 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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Provides affirmative defenses for mothers whose substance was lawfully prescribed and administered in accordance with prescription instructions, and protects licensed physicians from criminal liability for providing medical care and treatment.
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Takes effect on the first day of the third month following passage and approval by the Governor.
Legislative Description
Controlled substances, children, exposure to by mother, to include child in utero, venue established, presumption of exposure in utero created by positive drug test at time of birth, Sec. 26-15-3.2 am'd.
Crimes and Offenses
Last Action
Read for the first time and referred to the Senate committee on Health
2/7/2012