HB284 Alabama 2022 Session

Under existing law, a person is guilty of human trafficking if the person, among other things, benefits financially from subjecting another person to sexual servitude. Sexual servitude is defined to require coercion or deception from the perpetrator of the crime.

Also under existing law, coercion or deception is not required if the victim is a minor.

This bill would further provide for the crime of human trafficking and would provide that coercion or deception is not required if the victim is incapable of consent by reason of being incapacitated.

This bill would also further provide for the meaning of sexual servitude as it relates to human trafficking to include sodomy and sexual torture as forms of sexual conduct obtained as a result of deception of coercion.

Amendment 621 of the Constitution of Alabama of 1901, as amended by Amendment 890, 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 human trafficking; to amend Section 13A-6-151, Code of Alabama 1975, to further provide for definitions associated with human trafficking; 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, as amended by Amendment 890, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.