HB501 Alabama 2018 Session

Under existing law, indecent exposure is a Class A misdemeanor, except for a third or subsequent conviction, which is a Class C felony

This bill would provide any conviction of indecent exposure that occurs on or near the property of a school or child care facility would be a Class C felony

This bill would also provide that a youthful offender adjudication shall be considered a conviction only for enhancing indecent exposure violations

Under existing law, enticing a child for immoral purposes does not include the performance of exposing genitals to a child

This bill would include exposing genitals, pursuant to indecent exposure, as an offense under enticing a child for immoral purposes

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

Relating to sexual offenses; to amend Sections 13A-6-68, 13A-6-69, and 15-19-7, Code of Alabama 1975, to provide for enhanced penalties under indecent exposure when the victim is a child; to include indecent exposure as an offense under enticing a child for immoral purposes; 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.