Report Title:

Prosecution for Drug Offenses; Immunity; Pregnant Women

Description:

Provides immunity from criminal prosecution for drug offenses for pregnant women seeking prenatal treatment.

THE SENATE

S.B. NO.

2714

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO DRUGS AND INTOXICATING COMPOUNDS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that some pregnant women abuse drugs. The legislature further finds that a pregnant woman who is addicted to illicit drugs may give birth to a child that is similarly dependent on the same drug or who is experiencing withdrawal from the same drug. The use of certain drugs during pregnancy may result in complications of pregnancy which may endanger the health of the mother and result in premature delivery compromising the health of the newborn. There may also be physical or cognitive deficits in the child which may have long or short term effects on the child's development.

Pregnant women who are addicted to illicit drugs may be reluctant to seek vital prenatal care because of a fear of criminal prosecution. This reluctance could result in a pregnancy fraught with complications, which may have been prevented by proper prenatal care and drug treatment. Research demonstrates that drug treatment services dramatically improve birth outcomes for children without regard to whether the pregnant woman continues to use drugs.

The purpose of this Act is to provide immunity from criminal prosecution for pregnant women who are addicted to illicit drugs if they receive prenatal care and detoxification or drug treatment services.

SECTION 2. Chapter 712, Hawaii Revised Statutes, is amended by adding a new section to part IV be appropriately designated and to read as follows:

"§712-   Immunity from prosecution for drug-addicted pregnant women. A pregnant woman who suffers a drug dependency to a controlled substance shall be immune from prosecution for violation of any provision of this part relating to possession or personal use if the woman receives prenatal care from a licensed provider of health care; provided that the woman simultaneously participates in detoxification or alcohol or drug treatment services. The immunity shall end at birth of the child if the woman continues to take an illicit controlled substance after the birth.

As used in this section:

"Drug dependency" means a state of physical or psychological dependence, or both, arising from the use of a controlled substance on a continuous basis that is characterized by behavioral or other psychological responses including, but not limited to, a strong compulsion to take the controlled substance on a recurring basis, regardless of consequences, in order to experience its psychotropic effects or to avoid the discomfort of its absence.

"Detoxification services" means the process whereby a woman is assisted through the period of time of the pregnancy to eliminate, by metabolic or other means, illicit chemicals from that woman's system.

"Drug treatment services" means the process of assisting a woman by medical, behavioral, or psychological interventions to establish and maintain abstinence from illicit drugs."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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