HB420 Alabama 2016 Session

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.

To amend Section 26-15-3.2, Code of Alabama 1975, to provide that the term "child" includes an unborn child; to establish venue; and to create a rebuttable presumption that the offense of exposing a child in utero to a controlled substance has occurred if both the mother and the child test positive for the same controlled substance not prescribed by a physician.