SB38 Alabama 2012 Session

Summary

Primary Sponsor

Tammy Irons

Democrat

Co-Sponsors

Priscilla DunnGeorge M. “Marc” Keahey

Session

Regular Session 2012

Title

Children, failure to report a missing child in the first degree, second degree, and in the third degree, failure to report the death of a child, false reporting to law enforcement authorities, crimes of established, Caylee's Law

Summary

SB38 creates Caylee's Law in Alabama, making it a crime for guardians to fail to report missing children or the death of a child, and adds penalties for false reports.

What This Bill Does

It requires custodians to report missing children to law enforcement when the child’s whereabouts are unknown and conditions such as abduction, harm, or being lost or runaway apply. If a custodian delays reporting with willful or reckless disregard for the child’s safety, it can be charged as a Class A misdemeanor (second degree); if the delay results in serious harm or death, it can be charged as a Class C felony (first degree). The bill also creates a Class C felony for failing to report the death of a child and adds a first-degree false reporting crime (with the existing false reporting moved to second degree).

Who It Affects

• Custodians of children (parents, guardians) who must report missing children to law enforcement and could face penalties for noncompliance.
• Law enforcement agencies and the public who receive these reports and are affected by changes to reporting requirements and penalties for false reporting.

Key Provisions

• Defines terms related to missing children: abduction, child, custodian, guardian, lost child, and runaway child.
• Requires custodians to report missing children to law enforcement when the child is missing and conditions such as abduction, harm, or being lost/runaway apply.
• Failure to report a missing child in the second degree is a Class A misdemeanor; it rises to a Class C felony in the first degree if the delay shows willful or reckless disregard and the child is harmed or dies.
• Creates a Class C felony for failure to report the death of a child.
• Creates a first-degree false reporting crime (Class C felony) and designates the existing false reporting crime as second degree.
• Defense: a custodian can use reasonably diligent efforts to verify the child’s safety to avoid liability.
• Amendment 621/Constitution note: the bill is treated as exempt from local funding requirements because it creates or amends crimes.
• Effective date: becomes law on the first day of the third month after passage/approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses