HOUSE BILL 856

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Dennis J. Kintigh

AN ACT

RELATING TO CRIMINAL LAW; CREATING A NEW CRIME OF GIVING BIRTH TO AN INFANT WHOSE BLOOD CONTAINS A CONTROLLED SUBSTANCE NOT LAWFULLY PRESCRIBED TO THE MOTHER; REQUIRING THAT BLOOD SAMPLES TAKEN FROM NEWBORNS BE PRESERVED FOR SIX MONTHS; REQUIRING SUBSTANCE ABUSE TREATMENT; PROVIDING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. A new section of the Criminal Code is enacted to read:

     "[NEW MATERIAL] PRESENCE OF CONTROLLED SUBSTANCE IN NEWBORN.--

          A. A woman who gives birth to an infant whose blood contains a controlled substance not lawfully prescribed to the mother pursuant to the Controlled Substances Act, or a metabolite of the controlled substance, is guilty of a fourth degree felony.

          B. A woman, having been previously convicted pursuant to Subsection A of this section or an equivalent law in another jurisdiction, who gives birth to an infant whose blood contains a controlled substance not lawfully prescribed to the mother pursuant to the Controlled Substances Act, or a metabolite of the controlled substance, is guilty of a third degree felony.

          C. Upon conviction pursuant to this section, an offender shall be required to participate in and complete a substance abuse treatment program approved by the court.

          D. If a sentence imposed pursuant to this section is suspended or deferred in whole or in part, the period of probation may extend up to five years for a violation pursuant to Subsection A of this section and up to ten years for a violation pursuant to Subsection B of this section."

     Section 2. Section 24-1-6 NMSA 1978 (being Laws 1973, Chapter 359, Section 6, as amended) is amended to read:

     "24-1-6. TESTS REQUIRED FOR NEWBORN INFANTS.--

          A. The department shall adopt screening tests for the detection of congenital diseases that shall be given to every newborn infant, except that, after being informed of the reasons for the tests, the parents or guardians of the newborn child may waive the requirements for the tests in writing. The screening tests shall include at a minimum:

                (1) 3-methylcrotonyl-CoA deficiency;

                (2) 3-OH 3-CH3 glutaric aciduria;

                (3) argininosuccinic acidemia;

                (4) mitochondrial acetoacetyl-CoA thiolase deficiency;

                (5) biotinidase deficiency;

                (6) carnitine uptake defect;

                (7) citrullinemia;

                (8) congenital adrenal hyperplasia;

                (9) congenital hypothyroidism;

                (10) cystic fibrosis;

                (11) galactosemia;

                (12) glutaric acidemia type I;

                (13) Hb S/beta-thalassemia;

                (14) hearing deficiency;

                (15) homocystinuria;

                (16) isovaleric acidemia;

                (17) long-chain L-3-OH acyl-CoA dehydrogenase deficiency;

                (18) maple syrup urine disease;

                (19) medium chain acyl-CoA dehydrogenase deficiency;

                (20) methylmalonic acidemia;

                (21) multiple carboxylase deficiency;

                (22) phenylketonuria;

                (23) [proponic] propionic acidemia;

                (24) sickle cell anemia;

                (25) trifunctional protein deficiency;

                (26) tyrosinemia type I; and

                (27) very-long-chain acyl-CoA dehydrogenase deficiency.

          B.  In determining which other congenital diseases to screen for, the secretary shall consider the recommendations of the New Mexico [pediatrics] pediatric society of the American academy of pediatrics.

          C. The department shall institute and carry on such laboratory services or may contract with another agency or entity to provide such services as are necessary to detect the presence of congenital diseases.

          D. The department shall, as necessary, carry on an educational program among physicians, hospitals, public health nurses and the public concerning congenital diseases.

          E. The department shall require that all hospitals or institutions having facilities for childbirth perform or have performed screening tests for congenital diseases on all newborn infants except if the parents or guardians of a child object to the tests in writing.

          F. The department shall require that a blood sample taken from a newborn infant to perform the screening tests required in this section be preserved for six months."

     Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

- 5 -