MS SB2113

Creates the felony offense of chemical endangerment of a child or fetus when a person knowingly, recklessly, or intentionally causes or permits exposure to, ingestion of, inhalation of, or contact with controlled substances or precursor drugs/chemicals.

Establishes punishment of up to 5 years imprisonment if the child or fetus suffers serious physical injury, and up to 20 years imprisonment if exposure results in death.

Provides affirmative defense if controlled substance was lawfully prescribed for the child or pregnant mother and administered according to prescription instructions.

Mandates prosecutors offer substance abuse treatment as an alternative to prosecution in cases involving a mother or pregnant woman, with the case dismissed and record expunged upon successful treatment completion.

Takes effect July 1, 2019.