SB 185 Criminalizes prenatal drug or alcohol use
Sponsor: Sater
LR Number: 0485S.01I Fiscal Note not available
Committee: Judiciary and Civil and Criminal Jurisprudence
Last Action: 1/31/2013 - Second Read and Referred S Judiciary and Civil and Criminal Jurisprudence Committee Journal Page: S183
Title: Calendar Position:
Effective Date: August 28, 2013

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Current Bill Summary


SB 185 - A person commits the crime of abuse or neglect of a child when knowing that she is pregnant and willfully, with the knowledge of the danger to her unborn child, chronically and severely exposes an unborn child at 28 weeks gestational age or older to alcohol or a controlled substance during pregnancy and such child, at birth, is demonstrably adversely affected by such exposure. The crime of abuse or neglect of a child is a Class C felony.

A person commits child endangerment in the second degree when knowing that she is pregnant and willfully, with the knowledge of the danger to her unborn child, chronically and severely exposes an unborn child at 28 weeks gestational age or older to a controlled substance during pregnancy. Child endangerment is a Class A misdemeanor.

It shall be an absolute defense to prosecution for abuse or neglect of child or child endangerment under this act if such person's alleged violation of the provision was discovered due to her seeking alcohol or substance treatment.

If a person pleads guilty to or is found guilty of such offenses, the court shall order a juvenile officer to take the child into protective custody immediately or as soon as reasonably possible after the birth of the child if such child is unborn at the time of the plea or finding of guilt.

This act is identical to SB 529 (2009).

ADRIANE CROUSE