SB301 Alabama 2017 Session

Under existing law: sex offenders are subject to registration and reporting requirements regarding residence and employment; there is an enumerated list of sex crimes that require registration and notification; the Alabama State Law Enforcement Agency maintains a public registry containing certain identifying information about each sex offender required by law to register, including the address of the sex offender's residence; and all crimes that are sexual in nature are enumerated sex offenses requiring registration and notification

This bill would create the crimes of distributing a private image, sexting, sexual extortion, assault with bodily fluids, and directing a child to engage in sexual intercourse or deviate sexual intercourse and would add sexual extortion and directing a child to engage in a sex act as enumerated sex crimes that require registration and notification. This bill would define the term reside, require certain sex offenders to notify law enforcement of each place the sex offender resides, and provide further for the registration and notification requirements associated with establishing a residence or residences and vacating a residence

This bill would specify additional information regarding a registered sex offender that may not appear on the public registry website

This bill would provide further for the process by which a court may relieve certain sex offenders from registration and notification requirements and specify additional procedures for payment of the filing fees associated with the petition for relief

This bill would define volunteer position, limit the places in which a registered sex offender could accept a volunteer position and provide for registration and notification of a volunteer position in the same manner as employment

Amendment 621 of the Constitution of Alabama of 1901 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 Amendment 621. 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 Amendment 621

Relating to sex offenses and sex offenders; to create the crimes of distributing a private image, sexting, sexual extortion, assault with bodily fluids, and directing a child to engage in sexual intercourse or deviate sexual intercourse, and to provide further for the crime of electronic solicitation of a child; to amend Sections 13A-6-122, 15-20A-4, 15-20A-5, 15-20A-7, 15-20A-8, 15-20A-10, 15-20A-11, 15-20A-12, 15-20A-13, 15-20A-14, 15-20A-15, 15-20A-16, 15-20A-18, 15-20A-21, 15-20A-23, 15-20A-24, 15-20A-25, 15-20A-26, 15-20A-27, 15-20A-28, 15-20A-31, 15-20A-32, 15-20A-34, 15-20A-37, 15-20A-42, and 15-20A-43 of the Code of Alabama 1975, to add crimes to the list of enumerated sex offenses for purposes of registration and notification; to create a definition for reside, require certain sex offenders to notify law enforcement of each place the sex offender resides, and provide further for the notification requirements associated with establishing a residence or residences and vacating a residence; to further specify information that may or may not appear on the public registry website; to provide further for the process by which a court may relieve certain sex offenders from registration and notification requirements; to specify additional procedures for payment of the filing fees associated with the petition for relief; to define the term volunteer position and to limit locations in which a sex offender may accept a volunteer position and to require certain sex offenders accepting a volunteer position to notify law enforcement; 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.