Mississippi Senate Bill SB2229

Mississippi 2022 Regular Session

• Introduced: 1/17/22
• Refer: 1/17/22
• Failed: 2/1/22

Caption

Chemical endangerment of a child or fetus; criminalize.

Impact

The implementation of SB2229 would significantly alter legal consequences in cases involving substance exposure to minors. It centralizes legal responsibility on guardians or caretakers who could face felony charges for actions leading to child endangerment. Moreover, the bill allows for alternative prosecutorial paths, as it mandates offering substance abuse treatment options before prosecution, which aims to mitigate the criminal justice approach to such sensitive cases and promote rehabilitation.

Summary

Senate Bill 2229 seeks to establish the offense of chemical endangerment of a child or fetus in the state of Mississippi. This legislation defines the crime as knowingly, recklessly, or intentionally causing or permitting a child to be exposed to controlled substances or precursor drugs. Violators could face severe penalties, including up to five years of imprisonment for serious injury or up to twenty years for the death of a child or fetus resulting from such exposure. This approach emphasizes the state's commitment to child welfare and accountability for endangerment due to substance abuse.

Contention

While supporters of SB2229 advocate for the protection of vulnerable populations, opponents may raise concerns regarding the balance between punishment and compassion. Legal experts fear that the felony designation could disproportionately impact individuals struggling with addiction and raise questions about the fairness of penalizing parents or caregivers who may themselves be victims of substance abuse disorders. The requirement for treatment programs as an alternative to prosecution could foster debate on the adequacy and availability of such resources in Mississippi.