HB620 Alabama 2014 Session

Under existing law, a person convicted of a criminal sex offense involving a child 12 years of age or younger is not eligible to receive benefits of correctional incentive time to reduce his or her term of imprisonment

This bill would require that a person convicted of a sex offense is not eligible to receive benefits of correctional incentive time if the victim of the offense is at least 12 years of age, but is less than 16 years of age and the person convicted of the offense is at least 10 years older than the victim

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 14-9-41, Code of Alabama 1975, to require that a person convicted of certain sex offenses is ineligible to receive benefits of correctional incentive time under certain conditions; 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.