HB21 Alabama 2014 Session

Summary

Primary Sponsor

Kurt Wallace

Republican

Co-Sponsor

Paul Beckman

Session

Regular Session 2014

Title

Sex offenders, residence, sex offender clusters, licensing by sheriff, monitoring, regulation by Mental Health Department, penalties for violations, certain local and general laws repealed, Act 2010-515, 2010 Reg. Sess., repealed; Sec. 13A-11-204 repealed

Description

Existing law restricts a sex offender from living and from being employed within 2,000 feet of property on which a child care facility or school is located.

Existing law also restricts a sex offender from residing within 2,000 feet of a former victim.

This bill would define residential sex offender cluster and would prohibit more than one unrelated sex offender from residing in an unregulated residential sex offender cluster.

This bill would authorize the sheriff of the county to license a residential sex offender cluster in which two or more unrelated adult sex offenders reside.

This bill would require monitoring of residential sex offender clusters.

This bill would authorize the Department of Mental Health to promulgate rules regulating residential sex offender clusters.

This bill would repeal certain existing laws relating to the proximity of sex offender residences to one another in Class municipalities, in Jefferson County, and in other counties.

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