SB31 Alabama 2012 Session

Summary

Primary Sponsor

Clay Scofield

Republican

Session

Regular Session 2012

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

SB31 expands chemical endangerment laws to include unborn children, sets venue for in-utero exposure cases, and creates a presumption when mother and fetus test positive for the same non-prescribed drug.

What This Bill Does

It defines 'child' to include an unborn child at any stage of development. It establishes that prosecutions for exposure in utero would be heard 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. It also provides defenses and protections related to prescription medications and medical professionals.

Who It Affects

• Unborn children: treated as 'children' for purpose of chemical endangerment, making in-utero exposure potentially prosecutable.
• Pregnant mothers: could face criminal exposure charges for in-utero exposure; includes potential defenses for lawful prescriptions and protection for physicians, who are not criminally liable for providing medical care.

Key Provisions

• Definition: The term 'child' includes an unborn child in utero at any stage of development regardless of viability.
• Venue and presumption: For exposure in utero, venue lies in the county where the child is born, and there is a rebuttable presumption of exposure if both mother and child test positive for the same controlled substance not prescribed by a licensed physician.

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