MO SB185

Creates new criminal offense for pregnant women who knowingly and willfully expose an unborn child at 28 weeks gestation or more to controlled substances or alcohol, with chronic and severe exposure required, applicable under both endangering welfare of a child (second degree misdemeanor) and abuse or neglect of a child (class C felony) statutes.

Provides absolute defense to prosecution if the alleged violation was discovered because the pregnant woman sought alcohol or substance abuse treatment.

Requires juvenile court to take child into protective custody immediately or as soon as reasonably possible after birth if mother is convicted under the new provisions.

Applies to unborn children at 28 weeks gestational age or more, and for abuse/neglect charges requires the child to be demonstrably adversely affected by the exposure at birth.

Maintains existing protections that reasonable discipline including spanking is not considered abuse, and that delivering a child to emergency services does not constitute abuse or neglect.