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SF 1233

as introduced - 89th Legislature (2015 - 2016) Posted on 08/20/2015 04:20pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to children; requiring reports of maltreatment; establishing a crime
of chemical endangerment of unborn children; amending Minnesota Statutes
2014, section 626.5561, subdivisions 1, 2, 5; proposing coding for new law in
Minnesota Statutes, chapter 152.

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

Section 1.

new text begin [152.40] CHEMICAL ENDANGERMENT OF AN UNBORN CHILD.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "unborn child" has the
definition provided in section 609.266, paragraph (a).
new text end

new text begin Subd. 2. new text end

new text begin Misdemeanor. new text end

new text begin A person who knowingly causes or permits an unborn child
to be exposed to a controlled substance is guilty of a misdemeanor.
new text end

new text begin Subd. 3. new text end

new text begin Gross misdemeanor. new text end

new text begin A person who violates subdivision 2 and the
exposure to the controlled substance results in substantial bodily harm to an unborn child
is guilty of a gross misdemeanor.
new text end

new text begin Subd. 4. new text end

new text begin Felony. new text end

new text begin A person who violates subdivision 2 and the exposure to the
controlled substance results in the death of an unborn child is guilty of a felony.
new text end

new text begin Subd. 5. new text end

new text begin Affirmative defense. new text end

new text begin It is an affirmative defense if a mother of an unborn
child charged under this section proves that she had a lawful prescription for the controlled
substance, that she was complying with the prescribing physician's instructions, and the
prescribing physician knew that the accused was pregnant at the time the prescription
was issued.
new text end

Sec. 2.

Minnesota Statutes 2014, section 626.5561, subdivision 1, is amended to read:


Subdivision 1.

Reports required.

(a) deleted text begin Except as provided in paragraph (b),deleted text end A person
mandated to report under section 626.556, subdivision 3, shall immediately report to the
local welfare agency if the person knows or has reason to believe that a woman is pregnant
and has used a controlled substance for a nonmedical purpose during the pregnancy,
including, but not limited to, tetrahydrocannabinol, or has consumed alcoholic beverages
during the pregnancy in any way that is habitual or excessive.

deleted text begin (b) A health care professional or a social service professional who is mandated to
report under section 626.556, subdivision 3, is exempt from reporting under paragraph
(a) a woman's use or consumption of tetrahydrocannabinol or alcoholic beverages
during pregnancy if the professional is providing the woman with prenatal care or other
healthcare services.
deleted text end

deleted text begin (c)deleted text end new text begin (b) new text end Any person may make a voluntary report if the person knows or has reason to
believe that a woman is pregnant and has used a controlled substance for a nonmedical
purpose during the pregnancy, including, but not limited to, tetrahydrocannabinol, or
has consumed alcoholic beverages during the pregnancy in any way that is habitual or
excessive.

deleted text begin (d)deleted text end new text begin (c)new text end An oral report shall be made immediately by telephone or otherwise. An oral
report made by a person required to report shall be followed within 72 hours, exclusive
of weekends and holidays, by a report in writing to the local welfare agency. Any report
shall be of sufficient content to identify the pregnant woman, the nature and extent of the
use, if known, and the name and address of the reporter. The local welfare agency shall
accept a report made under paragraph (c) notwithstanding refusal by a voluntary reporter
to provide the reporter's name or address as long as the report is otherwise sufficient.

deleted text begin (e)deleted text end new text begin (d)new text end For purposes of this section, "prenatal care" means the comprehensive
package of medical and psychological support provided throughout the pregnancy.

Sec. 3.

Minnesota Statutes 2014, section 626.5561, subdivision 2, is amended to read:


Subd. 2.

Local welfare agency.

Upon receipt of a report deleted text begin requireddeleted text end under subdivision
1, the local welfare agency shall immediatelynew text begin notify law enforcement and new text end conduct
an deleted text begin appropriatedeleted text end new text begin investigation ornew text end assessment and offer services indicated under the
circumstances. Services offered may include, but are not limited to, a referral for chemical
dependency assessment, a referral for chemical dependency treatment if recommended, and
a referral for prenatal care. The local welfare agency may also take any appropriate action
under chapter 253B, including seeking an emergency admission under section 253B.05.
The local welfare agency shall seek an emergency admission under section 253B.05 if the
pregnant woman refuses recommended voluntary services or fails recommended treatment.

Sec. 4.

Minnesota Statutes 2014, section 626.5561, subdivision 5, is amended to read:


Subd. 5.

Immunity.

(a) A person making a voluntary or mandated report under
subdivision 1 or assisting in an new text begin investigation or new text end assessment under subdivision 2 is immune
from any civil or criminal liability that otherwise might result from the person's actions, if
the person is acting in good faith.

(b) This subdivision does not provide immunity to any person for failure to make a
required report or for committing neglect, physical abuse, or sexual abuse of a child.