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SF0089 • 2022

Child protection-dangerous drugs.

AN ACT relating to crimes and offenses; creating a new offense for child abuse; providing a penalty; amending requirements for mandatory reporting of suspected child abuse; and providing for an effective date.

Children Crime Healthcare
Inactive

Wyoming marks this bill as inactive, which usually means it is no longer moving in the current session.

Sponsor
Senator Hutchings
Last action
2022-03-11
Official status
inactive
Effective date
3/1/2022

Plain English Breakdown

The official source material does not provide additional details on how reports should be made or what happens after a report is filed.

Child Protection from Dangerous Drugs

The bill proposes creating a new offense for child abuse when an unborn child is exposed to non-prescribed controlled substances, leading to injury or disability at birth. It also amends reporting requirements for suspected cases of this type of abuse.

What This Bill Does

  • Creates a new crime called 'child abuse' if someone intentionally or recklessly exposes an unborn child to a non-prescribed controlled substance that causes bodily injury, disability, or disfigurement at birth.
  • Sets penalties for the offense, including imprisonment for up to ten years.
  • Amends existing laws to require mandatory reporting of suspected cases where an unborn child has been exposed to dangerous drugs without a prescription.

Who It Names or Affects

  • People who expose unborn children to non-prescribed controlled substances
  • Healthcare providers and other professionals required to report suspected cases of this type of child abuse

Terms To Know

Unborn Child
A developing human from conception until birth.
Controlled Substance
A drug regulated by the government because it can be dangerous and is not freely available to everyone.

Limits and Unknowns

  • The bill did not pass in its current session and is marked as inactive.
  • It does not specify all the details of how reports should be made or what happens after a report is filed.
  • The effectiveness date mentioned (July 1, 2022) will not apply since the bill did not become law.

Bill History

  1. 2022-03-11 Senate

    S:Died in Committee Returned Bill Pursuant to SR 5-4

  2. 2022-03-11 Senate

    S No report prior to CoW Cutoff

  3. 2022-02-21 Senate

    S10 - Labor:Do Pass Failed 1-4-0-0-0

  4. 2022-02-17 Senate

    S Introduced and Referred to S10 - Labor 21-9-0-0-0

  5. 2022-02-15 Senate

    S Received for Introduction

  6. 2022-02-14 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text
22LSO-0142
2022
STATE OF WYOMING
22LSO-0142
Introduced
2.0

SENATE FILE NO. SF0089

Child protection-dangerous drugs.

Sponsored by: Senator(s) Hutchings, Kolb, Salazar and Steinmetz and Representative(s) Baker, Bear, Duncan, Haroldson, Oakley, Olsen, Ottman and Washut

A BILL

for

AN ACT relating to crimes and offenses; creating a new offense for child abuse; providing a penalty; amending requirements for mandatory reporting of suspected child abuse; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 6
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2
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503 by creating a new subsection (c) and by renumbering (c) as (d) and 14
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3
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205(a) are amended to read:

6
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2
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503.

Child abuse; penalty.

(c)

A person is guilty of child abuse, a felony punishable by imprisonment for not more than ten (10) years, if:

(i)

The person intentionally or recklessly exposes an unborn child to a controlled substance;

(ii)

The person does not possess a current and valid prescription for the controlled substance;

(iii)

At birth, there is a measurable amount of the controlled substance present in the child's umbilical cord, blood or tissue; and

(iv)

The exposure to the controlled substance causes bodily injury, disability or disfigurement to the child.

(c)
(d)

Aggravated child abuse is a felony punishable by imprisonment for not more than twenty
‑
five (25) years if in the course of committing the crime of child abuse, as defined in subsection (a) or (b) of this section, the
person intentionally or recklessly inflicts serious bodily injury upon the victim or the person intentionally inflicts substantial mental or emotional injury upon the victim by the torture or cruel confinement of the victim.

14
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3
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205.

Child abuse or neglect; persons required to report.

(a)

Any person who knows or has reasonable cause to believe or suspect that a child has been abused or neglected
,
or who observes any child being subjected to conditions or circumstances that would reasonably result in abuse or neglect
including when an unborn child as defined in W.S. 6
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1
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104(a)(xviii) has been exposed to a non
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prescribed controlled substance which could result in bodily injury, permanent disability or disfigurement at birth
, shall immediately report it to the child protective agency or local law enforcement agency or cause a report to be made.

The fact a child, who is at least sixteen (16) years of age, is homeless as defined in W.S. 14
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1
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102(d) shall not, in and of itself, constitute a sufficient basis for reporting neglect. Female genital mutilation under W.S.
6
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2
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502(a)(v) when the victim is a minor shall be considered child abuse for mandatory reporting under this section.

Section 2
.

This act is effective July 1, 2022
.

(END)

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SF0089