SB428 Alabama 2013 Session

This bill would provide a safe harbor provision in current law for a child who engages in the act of prostitution by providing that a sexually exploited child may not be adjudicated delinquent or convicted of a crime of prostitution, but that the child may be adjudicated a child in need of supervision or a dependent child

This bill would prohibit the transfer of a case involving a sexually exploited child who commits an act of prostitution from the jurisdiction of juvenile court to any adult court

This bill would provide that a juvenile court retains jurisdiction over a sexually exploited child and may issue any requisite order or conduct any hearing necessary to protect the health or safety of a sexually exploited child that is determined to be in the best interests of the child

This bill would also provide that certain social and community services shall be made available to sexually exploited children

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

To add Section 13A-12-123 to the Code of Alabama 1975, to provide a definition of "sexually exploited child"; to prohibit a sexually exploited child from being adjudicated delinquent or convicted of a crime of prostitution; to provide that a sexually exploited child engaged in prostitution may be adjudicated a child in need of supervision or a dependent child; to prohibit the transfer of a case involving a sexually exploited child who commits an act of prostitution from the jurisdiction of juvenile court to any adult court; to authorize a juvenile court to retain jurisdiction over a sexually exploited child; to provide for certain court orders in the best interests of the child; to provide that certain social and community services will be made available to sexually exploited children; 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.