Introduced Version




Citations Affected: IC 35-46-1-4.5.

Synopsis: Endangering an unborn child. Provides that a person who knowingly or intentionally consumes a controlled substance while pregnant commits a Class D felony, and makes the offense a Class C felony if: (1) the controlled substance the person consumes is cocaine, methamphetamine, or a schedule I or II narcotic; or (2) the person has a prior unrelated conviction for consuming a controlled substance while pregnant.

Effective: July 1, 2006.

Klinker, Ulmer

    January 10, 2006, read first time and referred to Committee on Courts and Criminal Code.


Second Regular Session 114th General Assembly (2006)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 35-46-1-4.5; (06)IN1231.1.1. -->     SECTION 1. IC 35-46-1-4.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 4.5. (a) This section does not apply to a person who consumes a controlled substance under a prescription or under the direction of a practitioner (as defined in IC 35-48-1-24).
    (b) As used in this section, "controlled substance" has the meaning set forth in IC 35-48-1-9.
    (c) A person who knowingly or intentionally consumes a controlled substance while the person is pregnant commits endangering an unborn child, a Class D felony. However, the offense is a Class C felony if the person:
        (1) consumes:
            (A) cocaine (pure or adulterated);
            (B) methamphetamine (pure or adulterated); or
            (C) a narcotic drug (pure or adulterated) classified in schedule I or II of IC 35-48-2; or
        (2) has a prior unrelated conviction under this section.

SOURCE: ; (06)IN1231.1.2. -->     SECTION 2. [EFFECTIVE JULY 1, 2006] IC 35-46-1-4.5, as added by this act, applies only to crimes committed after June 30, 2006.