HB420 Summary

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

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

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

• Provides an affirmative defense if controlled substances were lawfully prescribed and administered according to prescription instructions.

• Exempts licensed physicians from criminal liability for providing medical care and treatment, including prescribing, ordering, dispensing, or administering medications and medical procedures.