Mississippi Senate Bill SB2121

Mississippi 2023 Regular Session

• Introduced: 1/9/23
• Refer: 1/9/23
• Failed: 1/31/23

Caption

Chemical endangerment of a child or fetus; criminalize.

Impact

The bill aims to highlight the serious implications of substance abuse on vulnerable populations, particularly children and unborn fetuses. By criminalizing actions that lead to chemical endangerment, it seeks to protect these groups and provide a mechanism for upholding public health safety. Moreover, the law mandates that prosecutors offer substance abuse treatment programs as an alternative to prosecution for mothers or pregnant women involved in such cases, adding a rehabilitative rather than purely punitive approach to addressing substance abuse issues within this vulnerable cohort.

Summary

Senate Bill 2121 introduces the offense of chemical endangerment of a child or fetus in Mississippi. The bill stipulates that a person can be charged if they knowingly or recklessly expose a child to controlled substances or precursor drugs, leading to criminal penalties. Specifically, if a child suffers serious injury due to exposure, the perpetrator may face up to five years in prison, and if the exposure results in death, the penalty can extend to twenty years. This establishes a significant legal framework concerning the welfare of children and fetuses in the context of drug exposure.

Contention

Opponents of SB2121 may argue that the bill could lead to undue punishment for mothers who may already be struggling with addiction. Critics worry that the law could potentially stigmatize pregnant women and create fear of legal repercussions that might deter them from seeking help. There are concerns about how the definitions of endangerment are established and interpreted, as well as the impact on families facing substance abuse issues. Balancing legal accountability for endangerment against compassionate support for vulnerable populations would be a crucial point of contention as the bill progresses.