HB1 Alabama 2013 Session

Summary

Primary Sponsor

Juandalynn GivanRepresentative

Democrat

Session

Regular Session 2013

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, defenses, Caylee's Law

Summary

HB1, also known as Caylee's Law, creates duties for custodians to report missing children and establishes penalties for failing to report, with harsher penalties if harm or death occurs.

What This Bill Does

The bill requires a child's custodian to report a missing child to law enforcement when the child's whereabouts are unknown and there is reason to believe the child has been abducted, harmed, or is lost or runaway. Reports must be made verbally first and followed by a written report if requested by police. If a custodian fails to report with willful or reckless disregard, they can be charged with a second-degree offense (Class A misdemeanor); if the delay results in serious harm or death, it can be charged as a first-degree offense (Class C felony). There is a defense if the custodian showed reasonably diligent efforts to verify the child's whereabouts during any delay. The bill is considered a new crime, and it includes an exemption from certain constitutional fiscal requirements related to the cost of implementing new local duties, with an effective date set for the first day of the third month after passage.

Who It Affects

• Custodians of children (parents, adoptive parents, guardians, or spouses with legal custody) are required to report missing children promptly; failing to do so can lead to Class A misdemeanor or Class C felony charges depending on circumstances.
• Law enforcement agencies and the public safety system, which receive verbal and written missing-child reports and investigate such cases, implementing the reporting requirements and responding to potential abductions, harm, or loss of a child.

Key Provisions

• Defines terms: abduction, child (under 18), custodian, guardian, lost child, and runaway child.
• Section 3: Custodians must report missing children to law enforcement when the child’s whereabouts are unknown and there is reason to believe abduction, serious harm, or loss/runaway status exists; reporting must be verbal (telephone or direct communication) and followed by a written report if requested.
• Section 4: Failure to report in the second degree (Class A misdemeanor) if the custodian delays or fails to report with willful or reckless disregard for the child’s safety.
• Section 5: Failure to report in the first degree (Class C felony) if the custodian delays or fails to report with willful or reckless disregard and the child suffers serious bodily harm or death.
• Section 6: Defense available if the custodian made reasonably diligent efforts to verify the child’s whereabouts during any reporting delay.
• Section 7: The bill is treated as creating a new crime and is exempt from certain fiscal review requirements under Amendment 621 because of that new crime status.
• Section 8: The act becomes effective on the first day of the third month after passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses