HB420 Alabama 2016 Session

Summary

Primary Sponsor

Will AinsworthLt. Governor

Republican

Session

Regular Session 2016

Title

Controlled substances, children, exposure to 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

The bill adds unborn children to the definition of 'child' for chemical endangerment, sets where cases can be heard, and creates a birth-time presumption of guilt if mother and baby test positive for the same non-prescribed substance.

What This Bill Does

It expands who can be charged by treating an unborn child as a 'child' for exposure to controlled substances. It sets venue for in utero exposure cases in the county where the child is born. It creates a rebuttable presumption of guilt at birth if both the mother and the child test positive for the same controlled substance not prescribed by a physician. It provides escalating penalties for cases with serious injury or death, offers an affirmative defense if the substance was lawfully prescribed and used as directed, and shields licensed physicians from criminal liability.

Who It Affects

• Unborn children (fetuses): treated as 'children' for the purposes of the crime; exposure in utero can lead to charges and influence where the case is heard.
• Pregnant women/mothers: potential liability for exposing the unborn child to a controlled substance; subject to a presumption of guilt if mother and child test positive for the same non-prescribed substance; may use an affirmative defense if the substance was lawfully prescribed and used as directed.

Key Provisions

• Redefines 'child' to include an unborn child in utero at any stage of development.
• Venue for in utero exposure cases lies in the county where the child is born.
• Establishes a rebuttable presumption of exposure in utero if both mother and child test positive for the same controlled substance not prescribed by a physician.
• Penalties: Class C felony for exposure; Class B felony if serious physical injury results; Class A felony if death occurs.
• Affirmative defense: lawful prescription and proper administration of the substance.
• Physicians providing care to the mother or child are exempt from criminal liability.
• Effective date: becomes law on the first day of the third month after passage and approval.

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