HB601 Alabama 2010 Session

Summary

Primary Sponsor

Jeff McLaughlin

Democrat

Co-Sponsor

Frank McDaniel

Session

Regular Session 2010

Title

Chemical endangerment of exposing a child to an environment in which contolled substances are produced or distributed, crime of, children, exposure to controlled substances by mother, to include child in utero, venue established, presumption of guilt created by positive drug test at time of birth, Sec. 26-15-3.2 am'd.

Summary

HB601 would treat exposure of an unborn child to controlled substances as a crime under the same law as exposure to born children, add a venue rule for in-utero cases, and create a presumption when mother and baby test positive for the same not-prescribed drug.

What This Bill Does

It defines 'child' to include an unborn child in utero at any stage of development, regardless of viability. It sets the venue for prosecutions of exposure in utero to be in the county where the child is born. It creates a rebuttable evidentiary presumption that exposure in utero occurred if both the mother and the child test positive for the same controlled substance not prescribed by a physician. It preserves existing penalties for exposure (Class C felony), and adds an affirmative defense that a lawful prescription was provided and administered per instructions.

Who It Affects

• Pregnant women or mothers in Alabama could be charged under the chemical endangerment law for exposing an unborn child to a controlled substance, since the bill expands 'child' to include the unborn at any stage.
• Courts, prosecutors, and law enforcement in Alabama would implement the new in-utero venue rule and the birth-presence presumption, affecting where cases are filed and how exposure is proven.

Key Provisions

• Includes unborn child in the definition of 'child' for purposes of chemical endangerment and exposure to controlled substances.
• Establishes that venue for exposure in utero prosecutions lies in the county where the child is born.
• Adds a rebuttable presumption of exposure in utero if both mother and child test positive for the same controlled substance not prescribed by a licensed physician.
• Preserves existing penalties (Class C felony for exposure; Class B for serious physical injury; Class A for death) and adds affirmative defense if the substance was lawfully prescribed and administered per its instructions.
• Effective date: becomes law on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses