SB176 Alabama 2010 Session

Summary

Primary Sponsor

Rodger Smitherman Senator

Democrat

Session

Regular Session 2010

Title

Teacher or school employee engaging in sex act with a student and teacher or school employee having sexual contact with a student, crimes of established, penalties

Description

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.

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Subjects

Crimes and Offenses