Texas House Bill HB2789

Texas 2009 - 81st Regular

Caption

Relating to creating a presumption regarding the possession of a controlled substance by a person who gives birth to a child who tests positive for the substance.

Impact

The passage of HB 2789 would amend existing health and safety laws in Texas, providing a presumption of possession which could influence legal proceedings related to drug offenses. This law aims to address concerns regarding maternal drug use and child health, potentially leading to increased scrutiny of new mothers under specific circumstances. The change intends to help in identifying and providing necessary support for mothers and children affected by substance abuse.

Summary

House Bill 2789 relates to establishing a legal presumption concerning the possession of controlled substances by individuals who give birth to a child testing positive for such substances. Specifically, the bill stipulates that if a newborn tests positive for a controlled substance listed in Penalty Group 1, there is a rebuttable presumption that the mother possessed a quantity of the substance within 30 days prior to the birth. This creates a significant shift in how drug-related offenses are considered in relation to new mothers and their children.

Contention

While proponents argue that the bill is a critical step in protecting children from the adverse effects of maternal substance abuse, concerns have been raised regarding the implications of such presumption. Critics worry that it may lead to unjust legal consequences for mothers, especially those who may not have knowingly consumed illicit substances or who seek to seek help. The bill's reliance on presumption could complicate the legal landscape for new mothers, and there are concerns regarding its enforceability and fairness in cases where additional context may be needed.