HB135 Alabama 2010 Session

Existing law does not specifically provide that the property of a person who is convicted of facilitating solicitation of unlawful sexual conduct with a child, a Class C felony, electronic solicitation of a child, a Class B felony, or facilitating the online solicitation of a child, a Class B felony is subject to forfeiture

This bill would make such provision and would provide the procedure for the forfeiture of the property

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To provide that the property of a person who is convicted of facilitating solicitation of unlawful sexual conduct with a child, electronic solicitation of child, or facilitating the online solicitation of a child is subject to forfeiture; to provide the procedure for the forfeiture; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.