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.
Fentanyl-related endangerment of child or vulnerable adult criminalized, taking of child into protective custody or reporting of vulnerable adult abuse addressed, and criminal penalties provided.
Criminalizing multiple forms of exposing children to controlled substances and allowing law enforcement to take a child into protective custody for screening and testing in an instance of suspected or actual criminal exposure to controlled substances.
Relating to crimes and offenses; to amend Section 26-15-3.2 of the Code of Alabama 1975, to further provide for chemical endangerment of a child; to require a confirmatory positive drug test before an agency or law enforcement initiates any action for a violation; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.