SB31 Summary

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

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

• Creates a rebuttable presumption of in utero exposure if both the mother and child test positive for the same controlled substance at the time of birth and the substance was not prescribed by a licensed physician.

• Provides affirmative defenses for lawful medical prescriptions provided to the child or mother in accordance with prescription instructions, and grants immunity to licensed physicians providing medical care and treatment.

• Becomes effective on the first day of the third month following passage and approval by the Governor.