HOUSE BILL No. 1231
DIGEST OF INTRODUCED BILL
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
Effective: July 1, 2006.
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.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type
. Also, the
will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type
this style type
between statutes enacted by the 2005 Regular Session of the General Assembly.
HOUSE BILL No. 1231
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:
(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,