SB428 Alabama 2013 Session

Summary

Primary Sponsor

Dick Brewbaker

Republican

Co-Sponsors

Cam WardQuinton RossJerry L. FieldingRodger SmithermanBobby D. SingletonPaul Bussman

Session

Regular Session 2013

Title

Sexually exploited children, conviction or delinquency adjudication for prostitution prohibited, transfer from juvenile court prohibited, retention of jurisdiction by juvenile court, county services for, required, Sec. 13A-12-123 added

Summary

SB428 creates a safe harbor for sexually exploited children by treating prostitution-involved minors as children in need of supervision or dependent, keeping them in juvenile court with access to services.

What This Bill Does

Defines a sexually exploited child as a person under 18 under juvenile court jurisdiction who has been sexually exploited through trafficking, prostitution, or promotion of prostitution. Prohibits adjudicating such children delinquent or convicting them for prostitution; they may be adjudicated as a child in need of supervision or a dependent child instead. Prohibits transferring these cases from juvenile court to adult court and keeps the juvenile court's jurisdiction to issue protective orders and conduct hearings in the child’s best interests. Requires social and community services to be available to sexually exploited children and outlines related rights and intake procedures; also notes a local-funding exemption under constitutional provisions.

Who It Affects

• Sexually exploited children under 18 who engage in prostitution: would not be treated as delinquent for prostitution and would be eligible for supervision/dependent-adjudication and mandatory services.
• Alabama juvenile courts and related state/local agencies (social services, law enforcement, service providers): would retain jurisdiction, issue orders, provide protections and services, and coordinate intake and treatment for these cases.

Key Provisions

• Adds definition of 'sexually exploited child' and provides safe harbor by prohibiting delinquency adjudication or conviction for prostitution; allows adjudication as a child in need of supervision or a dependent child.
• Prohibits transfer of a case involving a sexually exploited child who commits prostitution from juvenile court to adult court; juvenile court retains jurisdiction and can issue protective orders or hearings as needed.
• Authorizes the juvenile court to retain jurisdiction, enforce prior court orders, and conduct emergency or other hearings to protect the health and safety of the child; ensures rights under existing juvenile procedures.
• Requires that social and community services be made available to sexually exploited children, including forensic services, counseling, shelter, medical and legal services, education support, crisis intervention, safety planning, and related supports.
• Intake procedures require evaluation to determine if a child is sexually exploited and whether the case should be handled as a need for supervision or dependent case rather than delinquency; presumes arrest proceedings involve a sexually exploited child.

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

Subjects

Children