Under existing law, it is a Class C misdemeanor for a person to distribute harmful material to a minor. This bill would provide that it is a Class A misdemeanor for an employee of a K-12 public or private school to transmit obscene material to a student.
This bill would also further provide for the penalties for certain sexual offenses by school employees perpetrated upon students and would subject certain school volunteers to the criminal penalties.
Under existing law, certain out-of-court statements made by a child under 12 years of age are admissible in evidence in criminal proceedings involving child physical offense, sexual offense, and exploitation. This bill would specify that the out-of-court statements made by a child under 12 years of age at the time the statement was made are admissible in those proceedings.
Under existing law, certain individuals and professionals are required to report suspected child abuse or neglect to law enforcement or the Department of Human Resources. This bill would reference a specific definition of child abuse or neglect for notification purposes.
Under existing law, the Department of Human Resources licenses child care facilities and establishes minimum standards for their operation.
A "child" is defined under the law as a person under 19 years of age, a person under the continuing jurisdiction of the Department of Human Resources, or a person under 21 years of age in foster care. This bill would authorize an individual under 19 years of age who has graduated from a high school with a Child Development Associate Credential to work in a day care center and would revise the definition of "day care center" to include pre-kindergarten.
Also under existing law, there are no specific provisions providing penalties for sexual abuse by a foster parent and the offense would be prosecuted as any other sexual offense involving an adult and a minor. This bill would provide specific criminal penalties for sexual offenses by foster parents against foster children, and would specify that a conviction would subject a defendant to registration under the Alabama Sex Offender Registration and Community Notification Act.
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.
Delivered to Governor at 3:10 p.m. on May 4, 2016.
Assigned Act No. 2016-354.
Passed Second House
Motion to Read a Third Time and Pass adopted Roll Call 963
Clerk of the House Certification
Signature Requested
Third Reading Passed
Enrolled
Read for the second time and placed on the calendar
Read for the first time and referred to the Senate committee on Judiciary
Engrossed
Motion to Read a Third Time and Pass adopted Roll Call 430
Motion to Adopt adopted Roll Call 429
Collins Amendment Offered
Third Reading Passed
Read for the second time and placed on the calendar
Read for the first time and referred to the House of Representatives committee on Judiciary
Source: Alabama Legislature