HB183 Alabama 2020 Session

Under existing law, it is unlawful for a teacher to send obscene material to a student

This bill would make it illegal for a teacher to solicit a student to send obscene material to a teacher

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 crimes and offenses; to amend Section 13A-6-82.1, Code of Alabama 1975, to provide that it shall be illegal for a teacher to solicit a student to send obscene material to any person; 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.

Section 1

Section 13A-6-82.1, Code of Alabama 1975, is amended to read as follows:

§13A-6-82.1.

(a) It shall be unlawful for a school employee to do either of the following: (1) (a) A person commits the crime of school employee distributing obscene material to a student if he or she is a school employee and distributes or transmits Distribute or transmit, by any means, obscene matter that depicts sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct to a student.

(2) Solicit a student to transmit, by any means, obscene matter that depicts sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct to any person."

(b) A school employee distributing or soliciting obscene material to or from a student in violation of subsection (a) is a Class A misdemeanor."

Section 2

Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 3

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.