Abuse During Pregnancy

For second and subsequent offenses, which whitethorn be felony or misdemeanor, the same penalties (AB2187, 1998)

Probation and mandatory counseling whitethorn be given(p) to the offender, but the bill as indite also provides for "protecting the victim from further acts or threats," which comes big bucks to mandating sobriety on one hand and separating mother and chela on the other--at the accost's sole discretion. The text of the bill implies that probation would be granted only on a first offense and that the sentencing court would be empowered to order random testing of offenders, two before and after the birth of the child at protrude.

The circumstance that AB2187 died in committee indicates that controversy surrounded its passage and that cosponsorship of it did not carry the weight necessary to influence legislators in its favor. The populate action on the bill was its first committee hearing, on April 21, 1998, where it failed passage, although the on-line history of the bill, derived from the California State Senate's Internet spot (www.sen.ca.gov), shows that reconsideration was granted. This indicates that, as of late 1998, the issue is not suddenly and that some version of an act to amend Section 273a of California's punishable Code, relating to child profane, may reappear in legislative and man discourse in California in 1999 or afterward.

The issue to which AB2187 pertains is,

Lisko, E.A. (1998). Should pregnant women be issuing to criminal prosecution for activities that are harmful to their fetuses?

Available: hypertext transfer protocol://www.law.uh.edu/LawCenter/Programs/Health/HLPIHELP/Reproductive/980623Pregnant.html.

Kandel,D., & C. Schaffran. (1998). Epidemiology of substance abuse. Available: http://www.nyspi.cpmc.columbia.edu/NYSPI/PIDPT_EA.HTM

i may rack up or disagree with the intent of proposed laws such(prenominal) as AB2187, but one need not agree with Rothenberg and Heinz's negative critique and characterization of DiIulio's argument to see that the bill's victuals are consistent with the notion that aberrant behavior against the sake of an organism for which one is deemed to be responsible carries with it a penitentiary aspect. Specifically and programmatically, the text of AB2187 "creat[es] a new crime . . . [and] impose[s] a state-mandated local program" of penal/probation praxis (AB2187, 1998).

Child abuse: Substance abuse during pregnancy, AB2187, California S. (1998).

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