SB301 Alabama 2017 Session

Summary

Primary Sponsor

Vivian Davis Figures Senator

Democrat

Session

Regular Session 2017

Title

Sex offenders, notification, registration, requirements to establish residence, crimes of sexting, sexual extortion, assault with bodily fluids, directing a child to engage in sex act, and distribution of a private image created, Secs. 13A-6-122, 15-20A-4, 15-20A-5, 15-20A-7, 15-20A-8, 15-20A-10 to 15-20A-16, inclusive, 15-20A-18, 15-20A-21, 15-20A-23 to 15-20A-28, inclusive, 15-20A-31, 15-20A-32, 15-20A-34, 15-20A-37, 15-20A-42, 15-20A-43 am'd.

Description

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.

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Subjects

Sex Offenders