HB38 Alabama 2010 Session

Summary

Primary Sponsor

Demetrius C. Newton

Democrat

Session

Regular Session 2010

Title

School employees, engaging in sex act or deviant sexual intercourse with a student or having sexual contact with a student, crimes of established, penalties

Description

Under existing law, certain acts between a student and a teacher at the school where the student attends may or may not be a crime depending on the capacity of the student to consent to the act.

This bill would make it a crime for a school employee to engage in a sex act, deviant sexual intercourse, or have sexual contact with a student, male or female, under 19 years of age.

This bill would provide that the school employee may be placed on paid administrative leave while the charge is adjudicated and would provide for further disciplinary action pursuant to the Teacher Tenure Act, the Teacher Accountability Act, or the Fair Dismissal Act.

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.

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Subjects

Crimes and Offenses