HB38 Alabama 2010 Session

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

Relating to crimes and offenses; to provide for the crimes of a school employee engaging in a sex act, deviant sexual intercourse, or having sexual contact with a student; to provide penalties; 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.