HB375 Alabama 2018 Session

Summary

Primary Sponsor

Mack N. ButlerRepresentative

Republican

Session

Regular Session 2018

Title

Custodial sexual misconduct, crimes further defined, community corrections program, alcohol or drug abuse court referral and treatment program included, Secs. 14-11-30, 14-11-31 am'd.

Summary

HB 375 broadens custodial sexual misconduct to include sexual conduct by employees with people under supervision in community corrections and alcohol/drug treatment programs, and updates definitions and penalties.

What This Bill Does

The bill clarifies and expands key terms (custody, employee, sexual conduct) and adds a new scenario: an employee who engages in sexual conduct with a person under the supervisory, disciplinary, or custodial authority of a community corrections and punishment program or an alcohol or drug abuse court referral and treatment program would be guilty of custodial sexual misconduct. It keeps the offense as a Class C felony and states that consent is not a defense. It also notes that the bill could require new or increased local funds, but it is exempt from the usual local-vote requirement due to existing constitutional exceptions, and it becomes effective on the first day of the third month after the governor signs it.

Who It Affects

• Employees or contractors of state, county, or municipal governments who have custody, supervision, or control over pretrial or sentenced persons.
• Probation or parole officers, law enforcement officers, and other employees who supervise people under their authority.
• People under the supervisory, disciplinary, or custodial authority of community corrections and punishment programs or alcohol/drug abuse court referral and treatment programs.
• Local government entities, which could face changes in funding requirements, though the bill provides exceptions to local-funding rules.

Key Provisions

• Amends Sections 14-11-30 and 14-11-31 to redefine custody, define employee, and define sexual conduct as used in custodial sexual misconduct.
• Expands custodial sexual misconduct to include sexual conduct by an employee with a person under the supervisory, disciplinary, or custodial authority of a community corrections and punishment program or an alcohol or drug abuse court referral and treatment program.
• Declares custodial sexual misconduct a Class C felony and states that consent by the person in custody or under supervision is not a defense.
• Addresses Amendment 621 (local-funding rules) by noting the bill would involve new or increased local expenditures but is exempt from the normal 2/3 vote/local-approval requirement because it fits the amendment's exceptions.
• Effective date: the act becomes law on the first day of the third month after it is passed and signed 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

Crimes and Offenses