HB68 Alabama 2022 Session

Summary

Primary Sponsor

Matt SimpsonRepresentative

Republican

Session

Regular Session 2022

Title

Criminal procedure, protected person defined, child under 16 a person with intellectual disability, protected person to be offered protection in criminal prosecutions for physical offenses, sexual offenses, and violent offenses, use of anatomically correct dolls or mannequins during testimony of a child under 12 or a protected person, authorized, Sec. 15-25-7 added; Sec. 15-25-33 repealed; Secs. 15-25-1, 15-25-2, 15-25-3, 15-25-5, 15-25-6, 15-25-30, 15-25-31, 15-25-32, 15-25-34, 15-25-36, 15-25-37, 15-25-38, 15-25-39 am'd.

Summary

HB68 expands protections for children and individuals with certain developmental disabilities in Alabama criminal cases, updating testimony rules, admissibility of statements, and school-employee penalties.

What This Bill Does

It defines a new category called 'protected person' (people with specified developmental disabilities) and extends protections in prosecutions for physical, sexual, and violent offenses to these individuals and to children under 16. It allows use of anatomically correct dolls or mannequins during testimony of a child under 12 or a protected person. It lets certain out-of-court statements by a child under 12 or a protected person be admitted under specific conditions, and it permits video depositions or closed-circuit testimony with safeguards for cross-examination and privacy. It adds leading-question allowances for witnesses under certain ages or protected persons, updates the list of offenses that qualify under these provisions, repeals an older expert-testimony rule, and strengthens penalties for school employees who have sex acts with students or protected persons.

Who It Affects

• Children under 16 or protected persons with developmental disabilities, who gain new testimony options and protections in court.
• Victims or witnesses in physical, sexual, or violent offenses involving minors or protected persons, who may have out-of-court statements admitted and may testify via video or closed-circuit methods.
• School employees, who would face new and stricter penalties for sexual acts with students or protected persons.
• Defendants in these cases, who are affected by new testimony procedures, leading-question allowances, and deposition/testing rules.
• Courts, prosecutors, and law enforcement, which must apply the new procedures for admissibility, testimony, and protection requirements.

Key Provisions

• Defines 'protected person' as someone with developmental disabilities due to intellectual disability, autism, cerebral palsy, epilepsy, or similar conditions, with specific age-related criteria and functional impairments.
• Allows use of anatomically correct dolls or mannequins during testimony of a child under 12 or a protected person.
• Authorizes leading questions for certain witnesses (under 12 or protected persons) with court-limited scope under new 15-25-7 and related sections.
• Permits out-of-court statements by a child under 12 or a protected person to be admitted in criminal proceedings if conditions in 15-25-31 and 15-25-32 are met, and provides rules for cross-examination and availability.
• Admits out-of-court statements under specified circumstances with corroboration requirements and trustworthiness criteria, including factors to consider (age, memory, credibility, coercion, etc.).
• Requires the jury to be informed when a statement was taken without cross-examination and outlines procedures for reviewing such evidence (15-25-36 to 15-25-38).
• Enumerates the offenses that qualify as child physical/sexual/violent offenses when the victim is a child under 12 or a protected person (15-25-39), including rape, sodomy, various forms of abuse, exploitation, and related crimes.
• Strengthens penalties for school employees who engage in sex acts with students or student-protected persons (13A-6-81 and 13A-6-82), including Class B or C felonies and a Class A misdemeanor for soliciting a sex act.
• Repeals the prior rule on expert testimony about unavailability of a child to testify (15-25-33) and adopts new procedures, corroboration requirements, and findings for unavailability and admissibility.
• Requires the act to become law on the first day of the third month after passage.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Criminal Law and Procedure