By Senators Barron, Biddle, Figures, Lindsey, Sanders, Denton, McClain, Little (T), Smitherman, Mitchell, Singleton, Escott, Holley, Byrne, Butler, Ross, Penn, Dial, Roberts, Means, and Preuitt
ENROLLED, An Act,
To amend Section 26-15-2 of the Code of Alabama 1975, relating to definitions for child abuse, to define the terms "chemical substance," "controlled substance," "drug paraphernalia," and "serious physical injury"; to add Section 26-15-3.2 to the Code of Alabama 1975, to provide for the crime of chemical endangerment of exposing a child to an environment in which controlled substances are produced or distributed and to provide penalties; 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 Amendment 621 of the Constitution of Alabama of 1901.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 26-15-2 of the Code of Alabama 1975, is amended to read as follows:§26-15-2.
"As used in this chapter, the following terms shall have the following meanings:
"(1) CHEMICAL SUBSTANCE. A substance intended to be used as a precursor in the manufacture of a controlled substance, or any other chemical intended to be used in the manufacture of a controlled substance. Intent under this subdivision may be demonstrated by the substance's use, quantity, manner of storage, or proximity to other precursors, or to manufacturing equipment.
"(2) CONTROLLED SUBSTANCE. Controlled substance as defined in subdivision (5) of Section 20-2-2.
"(3) DRUG PARAPHERNALIA. Drug paraphernalia as defined in Section 13A-12-260.
"(4) RESPONSIBLE PERSON. A child's natural parent, stepparent, adoptive parent, legal guardian, custodian or any other person who has the permanent or temporary care or custody or responsibility for the supervision of a child.
"(5) SERIOUS PHYSICAL INJURY. Serious physical injury as defined in Section 13A-1-2."
Section 2. Section 26-15-3.2 is added to the Code of Alabama 1975, to read as follows:
Section 26-15-3.2. (a) A responsible person commits the crime of chemical endangerment of exposing a child to an environment in which he or she does any of the following:
(1) Knowingly, recklessly, or intentionally causes or permits a child to be exposed to, to ingest or inhale, or to have contact with a controlled substance, chemical substance, or drug paraphernalia as defined in Section 13A-12-260. A violation under this subdivision is a Class C felony.
(2) Violates subdivision (1) and a child suffers serious physical injury by exposure to, ingestion of, inhalation of, or contact with a controlled substance, chemical substance, or drug paraphernalia. A violation under this subdivision is a Class B felony.
(3) Violates subdivision (1) and the exposure, ingestion, inhalation, or contact results in the death of the child. A violation under this subdivision is a Class A felony.
(b) The court shall impose punishment pursuant to this section rather than imposing punishment authorized under any other provision of law, unless another provision of law provides for a greater penalty or a longer term of imprisonment.
(c) It is an affirmative defense to a violation of this section that the controlled substance was provided by lawful prescription for the child, and that it was administered to the child in accordance with the prescription instructions provided with the controlled substance.
Section 3. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621 because the bill defines a new crime or amends the definition of an existing crime.
Section 4. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.