SB176 Alabama 2010 Session

Under existing law, certain acts between a minor 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 or deviant sexual intercourse or have sexual contact with a student, male or female, under the age of 19 years

This bill would allow the school employee to be placed on administrative leave with pay until the charge is adjudicated; and would allow for further disciplinary action after adjudication of the charge

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 or deviant sexual intercourse with a student and a school employee 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.