HB420 Alabama 2016 Session

Summary

Primary Sponsor

Will Ainsworth 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.

Description

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 a rebuttable presumption of guilt of exposure in utero if both the mother and the child test positive for the same controlled substance not prescribed by a physician.

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Subjects

Crimes and Offenses