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Mississippi Bill Regarding the Chemical Endangerment of a Fetus (SB 2426)

This law was last updated on Jan 12, 2019


This law is Anti–Choice

State

Mississippi

Number

SB 2426

Status

Failed to Pass

Proposed

Jan 15, 2018

Sponsors

Primary Sponsors: 1
Total Sponsors: 1

Topics

Fetal Homicide, Substance Abuse During Pregnancy

Full Bill Text

billstatus.ls.state.ms.us

SB 2426 would create the crime of chemical endangerment of a child or fetus. The bill states that a person commits the crime of chemical endangerment of a child or chemical endangerment of a fetus 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 controlled substance or precursor drug or chemical.

The bill includes criminal penalties. The penalty would be up to five years in prison if the child or fetus suffered serious physical injury, and up to twenty years in prison if the child or fetus died.

It would be an affirmative defense to a violation of this provision that (1) the drug was provided by lawful prescription for the child and administered in accordance with the prescription instructions or (2) the drug was provided by lawful prescription to the pregnant woman and administered in accordance with the prescription instructions.

In cases of a mother or pregnant person, the bill would require prosecutors to offer the defendant the option of treatment for substance abuse in lieu of prosecution upon the entry of a plea of guilty.


Related Legislation

Identical to SB 2577, which failed to pass during the 2017 legislative session.

Similar to SB 2518 and SB 2797, both of which failed to pass in 2016 and 2015, respectively.


People

Primary Sponsor