child neglect; prenatal substance exposure

Plain English Breakdown

The bill's legal effect depends on whether the legislature overrides the governor's veto.

SB1476: Rules on Child Neglect from Prenatal Substance Exposure

This bill proposes adding a new law that defines child neglect involving prenatal substance exposure as a class 6 felony, while offering an affirmative defense for mothers who completed treatment during pregnancy.

What This Bill Does

• Adds section 13-3619.01 to Arizona Revised Statutes under family offenses.
• Defines child neglect as conduct by a person with custody that harms the child and involves specific types of prenatal substance exposure defined in existing law.
• Creates an affirmative defense for mothers who completed alcohol or drug treatment during their pregnancy.
• Classifies this type of child neglect as a class 6 felony.

Who It Names or Affects

• People with custody of children
• Mothers whose children were exposed to substances before birth

Terms To Know

Affirmative defense

A legal argument that admits the act happened but provides a reason why it should not be considered a crime.

Class 6 felony

The least serious category of major crimes in Arizona, which still carries significant penalties.

Limits and Unknowns

• This bill was vetoed by the governor on June 19, 2026.
• It is not known if lawmakers will override the veto to make this law effective.
• The text does not explain how courts will prove that a mother completed treatment.

Official Summary Text

SB1476 - child neglect; prenatal substance exposure

Current Bill Text

SB1476 - 572R - S Ver

CORRECTED

Senate Engrossed

child neglect;
prenatal substance exposure

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1476

AN
ACT

Amending title 13, chapter 36, Arizona Revised
Statutes, by adding section 13-3619.01; relating to family offenses.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section 1. Title 13, chapter 36, Arizona
Revised Statutes, is amended by adding section 13-3619.01, to read:

START_STATUTE
13-3619.01.

Child neglect; affirmative defense; classification

A. A person having custody of a child
commits child neglect by engaging in conduct that harms the child and that
involves neglect as defined in section 8-201, paragraph 25, subdivision (
c
) or (
d
).

B. It is an affirmative defense to a
violation of this section if the person is the mother of the child and during
the mother's pregnancy, the mother completed alcohol or drug treatment.

C. Child neglect is a class 6 felony.

END_STATUTE