HB8 Alabama 2011 Session

Summary

Primary Sponsor

Wes Long

Republican

Session

Regular Session 2011

Title

Controlled substances, children, exposure to by mother, to include child in utero, venue established, presumption of exposure in utero created by positive drug test at time of birth, Sec. 26-15-3.2 am'd.

Summary

HB8 expands chemical endangerment to cover unborn children, sets venue for in-utero exposure cases, and creates a presumption if mother and baby test positive for the same non-prescribed drug.

What This Bill Does

It adds an unborn child to the definition of 'child' for chemical exposure cases. It establishes that cases involving in-utero exposure are filed in the county where the child is born. It creates a rebuttable presumption of exposure in utero if both mother and child test positive for the same controlled substance not prescribed by a physician. It sets penalties for exposure at varying levels (Class C for exposure, Class B for serious injury, Class A for death), allows an affirmative defense if the drug was legally prescribed and used as directed, and shields licensed physicians from criminal liability when providing care.

Who It Affects

• Pregnant women and unborn children (fetuses)—mothers could be charged for exposing a fetus to drugs; unborn children become potential victims under the law
• Physicians and other medical care providers—protected from criminal liability when providing care, and their prescribing decisions are relevant to defenses and enforcement

Key Provisions

• The term 'child' includes an unborn child in utero at any stage of development regardless of viability
• Venue for in-utero exposure cases is the county where the child is born
• A rebuttable presumption of exposure in utero exists if both mother and child test positive for the same controlled substance at birth and it was not prescribed by a physician
• Penalties: Class C felony for exposure to a controlled substance; Class B felony if serious physical injury results; Class A felony if death results
• Affirmative defense if the controlled substance was provided by lawful prescription and used according to instructions
• Licensed physicians providing care shall not be subject to criminal liability under this section
• Punishment under this section applies instead of other penalties unless another law provides a greater penalty

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses