HB601 Alabama 2010 Session

Existing law makes it a crime to knowingly, intentionally, or recklessly expose a child to a controlled substance, chemical substance, or drug paraphernalia

This bill would clarify the term "child" to include an unborn child in utero at any stage of development regardless of viability. This bill would establish venue for prosecution for exposure in utero in the county where the child is born

This bill would create an evidentiary rebuttable presumption relating to exposure in utero if both the mother and the child test positive for the same controlled substance not prescribed by a physician

To amend Section 26-15-3.2, Code of Alabama 1975, relating to the crime of chemical endangerment of exposing a child to an environment in which controlled substances are produced or distributed, to provide that the term "child" includes an unborn child; to establish venue; and to create an evidentiary rebuttable presumption relating to exposing a child in utero to a controlled substance if both the mother and the child test positive for the same controlled substance not prescribed by a physician.