HB261 Alabama 2017 Session

Under existing law, a victim of a crime has the right to refuse a request by the defendant, by the attorney of the defendant, or by any other person acting on behalf of the defendant for an interview or other communication with the victim

This bill would prohibit an attorney in a criminal proceeding from contacting a victim of the crime or his or her immediate family members for the purpose of investigating or developing issues that are the subject of the criminal proceeding without first providing notice to the prosecutor

This bill would authorize a prosecutor to request the court to prohibit the attorney from contacting the victim or his or her immediate family members

This bill would provide that unauthorized contact constitutes criminal harassment or a harassing communication

This bill would also prohibit the use of funds from the State Treasury for a Defense Initiated Victims Outreach initiative or to fund certain professional providers, such as a counselor or therapist, to provide professional services through the initiative

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 15-23-73, Code of Alabama 1975, to prohibit an attorney in a criminal proceeding from contacting a victim of the crime or his or her immediate family members for the purpose of investigating or developing issues that are the subject of the criminal proceeding without first providing notice to the prosecutor; to allow a court to prohibit contact with a victim; to provide criminal penalties for violations; to prohibit the use of funds from the State Treasury for a Defense Initiated Victims Outreach initiative; 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.