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Woman to be Prosecuted for Illegal Use of Narcotic Drug if Child is Born Affected by the Narcotic Drug (SB 1381)*

The State Senate suggested amending existing language in Tennessee Code Annotated § 39-13-107(c) (2015), by adding that a woman can be prosecuted for the illegal use of a narcotic drug while pregnant, if her child is born addicted to or harmed by the narcotic drug, and the addiction or harm is a result of her illegal use of a narcotic drug taken while pregnant. Following with the affirmative defense to that prosecution, that a woman actively enrolled in an addiction recovery program before the child was born, remained in the program after delivery, and then successfully completed the program, regardless of whether the child was born addicted to or harmed by the narcotic drug. This bill has been passed for a second consideration, and has not been enacted.

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