HB238 Alabama 2016 Session

Summary

Primary Sponsor

Terri CollinsRepresentative

Republican

Session

Regular Session 2016

Title

Children, criminal penalties for distrib. of harmful material to minor by school employee, out of court statements by minors allowed under certain conditions, certain individuals with certain credentials auth. to work in child care facilities, criminal penaties for sexual abuse by foster parents, Sec. 38-7-20 added; Secs. 13A-12-200.5, 15-25-31, 26-14-3, 38-7-2 am'd.

Summary

HB238 tightens child-protection laws in Alabama by penalizing school employees who transmit obscene material to students, strengthening penalties for sexual offenses by school staff and volunteers, expanding day-care worker eligibility, clarifying child-abuse reporting and evidence rules, and creating specific penalties and sex-offender registration for sexual offenses by foster parents against foster children.

What This Bill Does

Creates a new crime for a school employee to distribute obscene material to a student (Class A misdemeanor). Expands penalties for sexual offenses by school employees against students (e.g., sex acts, deviant intercourse, sexual contact, and soliciting a sex act) with higher classifications and extends penalties to volunteers. Updates definitions and reporting requirements related to child abuse and neglect, expands who may work in day care centers (including those with a Child Development Associate Credential) and broadens the day-care center definition to include pre-kindergarten. Establishes specific criminal penalties and sex-offender registration requirements for foster parents who commit sexual offenses against foster children, and classifies these offenses under the state’s sex-offender laws. Makes certain conforming amendments and provides for immediate effective date.

Who It Affects

• K-12 students in public, private, and church schools (new offenses by school employees, including volunteers, and admissibility of certain statements in abuse cases).
• School employees and volunteers (new crimes and harsher penalties for sexual offenses against students).
• Foster children and foster parents (new crimes and mandatory sex-offender registration for foster-parent offenses).
• Day-care workers and facilities (expanded credential options for employment and updated center definitions that include pre-kindergarten).
• Mandatory reporters and professionals involved in child abuse/neglect investigations (updated reporting definitions and requirements).

Key Provisions

• Adds Section 13A-6-82.1: school employees distributing obscene material to a student, a Class A misdemeanor.
• Amends 13A-6-80, 13A-6-81, 13A-6-82, 15-20A-5, 15-25-31, 26-14-3, and 38-7-2 to: (a) broaden who is a 'school employee' (including volunteers); (b) define 'student' as K-12 enrollees; (c) create offenses for school employees engaging in sex acts, deviant sexual intercourse, or sexual contact with students under 19 (Class B or C felonies); (d) make soliciting a sex act with a student a Class A misdemeanor; (e) add penalties and require sex-offender registration for foster-parent offenses against foster children; (f) specify admissibility of certain out-of-court statements by children in specified proceedings; and (g) reference a specific definition of child abuse/neglect for mandatory reporting.
• Adds Section 38-7-20 and expands day-care definitions: authorizes a 19-year-old with a Child Development Associate Credential to work in day-care centers; includes pre-kindergarten within 'day care center' definitions; clarifies facilities and staff roles under day-care law.
• Adds Section 38-7-2 and related amendments to define foster-parent offenses: crime of engaging in a sex act or sexual contact with a foster child, and solicitation of a sex act or sexual contact with a foster child, with respective Class B/C misdemeanors and Class A misdemeanor; consent not a defense; defines 'foster parent'.
• Section 5 clarifies the bill is excluded from local expenditure requirements under Amendment 621 due to defining new crimes or amending existing ones.
• Effective date: immediately upon passage and approval by the Governor.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Children