HB426 Alabama 2014 Session

Under existing law, it is a Class C felony for an adult sex offender who has been convicted of a sex offense involving a minor to loiter on or within 500 feet of school property or certain other property used for caring for, educating, or entertaining minors, without a legitimate purpose for being on the property

This bill would make it a Class C felony for a convicted sex offender, after having been convicted of a sex offense involving a minor, to enter or remain within 500 feet of school property or certain other property used for caring for, educating, or entertaining minors

This bill would also make it a Class C felony for a convicted sex offender, after having been convicted of a sex offense involving a minor, to enter or remain within 500 feet of the property line of any property on which there is a public K-12 school or to actively participate in any public K-12 school activity when or where students are present

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 amend Section 15-20A-17, Code of Alabama 1975; to provide that it is a Class C felony for a sex offender convicted of a sex offense involving a minor to enter or remain within 500 feet of school property or certain other property used for caring for, educating, or entertaining minors, without a legitimate purpose for being on the property; to provide that it is a Class C felony for a sex offender convicted of a sex offense involving a minor to be present on or within 500 feet of public K-12 school property or to actively participate in any public K-12 school activity when or where students are present; 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.