Senate Bill 2113

AN ACT TO CREATE THE OFFENSE OF CHEMICAL ENDANGERMENT OF A CHILD OR FETUS AND TO PRESCRIBE PUNISHMENT THEREFOR; TO MANDATE THAT PROSECUTORS OFFER SUBSTANCE ABUSE TREATMENT PROGRAMS AS AN ALTERNATIVE TO PROSECUTION; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) A person commits the crime of chemical endangerment of a child if the person knowingly, recklessly or intentionally causes or permits a child or a fetus to be exposed to, to ingest or inhale, or to have contact with:

(a) A controlled substance; or

(b) A precursor drug or chemical as defined in Section 41-29-313.

(2) A person who violates this section shall be guilty of a felony and, upon conviction, punished as follows:

(a) If the child or fetus suffers serious physical injury by exposure to, ingestion of, inhalation of or contact with a controlled substance or precursor drug or chemical substance, by confinement in the custody of the Department of Corrections for a period not to exceed five (5) years;

(b) If the exposure to, ingestion of, inhalation of or contact with a controlled substance or precursor drug or chemical substance results in the death of the child or fetus, by confinement in the custody of the Department of Corrections for a period not to exceed twenty (20) years.

(3) 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.

(4) It is an affirmative defense to a violation of this section that the controlled substance was:

(a) 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.

(b) Provided by lawful prescription for the pregnant mother of the fetus, and that it was administered to the mother in accordance with the prescription instructions provided with the controlled substance.

(5) (a) In all cases brought under this section against a mother or a pregnant woman for chemical endangerment of a fetus or an infant, the prosecutor must offer the defendant the option of treatment for substance abuse in lieu of prosecution upon the entry of a plea of guilty. The court shall withhold acceptance of the plea and sentence thereon pending successful completion of treatment for substance abuse, including drug, alcohol, psychological or psychiatric treatment.

(b) When the court has imposed upon the defendant the conditions set out in this subsection, the court shall release the bail bond, if any.

(c) Upon completion of the court-imposed conditions, the court shall direct that the cause be dismissed and the case be closed. The court shall expunge the record of the case.

SECTION 2. This act shall take effect and be in force from and after July 1, 2019.