SENATE BILL 316

48th legislature - STATE OF NEW MEXICO - second session, 2008

INTRODUCED BY

Mark Boitano

AN ACT

RELATING TO CRIMINAL LAW; CREATING A NEW CRIMINAL OFFENSE PROHIBITING THE CONSUMPTION OF CERTAIN CONTROLLED SUBSTANCES WHILE PREGNANT; PROVIDING A PENALTY.

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

     Section 1. A new section of the Controlled Substances Act is enacted to read:

     "[NEW MATERIAL] CONSUMPTION OF A CONTROLLED SUBSTANCE WHILE PREGNANT.--

          A. Consumption of a controlled substance while pregnant consists of knowingly and intentionally:

                (1) consuming a controlled substance, the possession of which is prohibited pursuant to the Controlled Substances Act, when the person knows or should know that she is pregnant; or

                (2) causing another person to consume a controlled substance, the possession of which is prohibited pursuant to the Controlled Substances Act, when the person knows or should know that the other person is pregnant.

          B. A person who commits consumption of a controlled substance while pregnant is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978."

     Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2008.

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