SB34 Alabama 2011 Session

Summary

Primary Sponsor

Cam Ward

Republican

Co-Sponsors

Clay ScofieldGerald O. Dial

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

SB34 would treat an unborn baby as a 'child' for chemical endangerment laws, set venue for in utero exposure cases in the birth county, and create a rebuttable presumption of in utero exposure when the mother and child test positive for the same controlled substance not prescribed by a physician.

What This Bill Does

It expands the definition of 'child' to include an unborn fetus at any stage. It sets the location for prosecuting exposure in utero in the county where the child is born. It creates a rebuttable presumption of in utero exposure if both the mother and the child test positive for the same controlled substance not prescribed by a physician at birth. It preserves the existing penalties for chemical endangerment (Class C for exposure, Class B for serious injury, Class A for death) and includes an affirmative defense if the substance was lawfully prescribed and used as directed. It becomes effective on the first day of the third month after passage and approval.

Who It Affects

• Pregnant women or mothers: could face criminal charges under chemical endangerment for exposing a fetus to controlled substances, with penalties tied to the outcome (exposure, serious injury, or death); there is an affirmative defense if the substance was lawfully prescribed and used as directed.
• Unborn fetuses: are now treated as 'children' under the law, and there is a rebuttable presumption of in utero exposure if mother and fetus test positive for the same controlled substance not prescribed by a physician at birth.

Key Provisions

• Amends Section 26-15-3.2 to include unborn children in the definition of 'child' for purposes of chemical endangerment.
• Establishes venue for in utero exposure prosecutions in the county where the child is born.
• Creates a rebuttable presumption of exposure in utero if both the mother and the child test positive for the same controlled substance not prescribed by a physician at birth.
• Specifies penalties under chemical endangerment: Class C felony for exposure, Class B felony if serious physical injury results, Class A felony if death occurs; punishment under this section governs when applicable.
• Affirmative defense if the controlled substance was lawfully prescribed and administered to the child according to the prescription.
• Effective date: first day of the third month after passage and 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