HB263 Alabama 2023 Session

Sponsors

Session

Regular Session 2023

Title

Relating to crimes; to amend Sections 13A-10-30, 13A-10-36, 13A-10-37, and 13A-10-38, Code of Alabama 1975, to allow a detention facility to adopt a policy to further define what items constitute "contraband" for purposes of banning certain items from detention facilities; to further define the crimes of promoting contraband in the first, second, and third degree to apply to juveniles under certain circumstances; to make nonsubstantive, technical revisions to update the existing code language to current style; 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 Section 111.05 of the Constitution of Alabama of 2022.

Description

Under existing law, a person is guilty of promoting prison contraband if the person intentionally and unlawfully introduces contraband into a detention facility or if the person is confined to a detention facility and obtains or possesses contraband.

Also under existing law, a statute, rule, regulation, or order may define what items constitute "contraband".

This bill would allow a detention facility to adopt a policy to further define what items constitute "contraband" for purposes of banning certain items from detention facilities.

Under existing law, the crimes of promoting prison contraband in the first, second, and third degree limit their application to inmates under certain circumstances.

This bill would further define the crimes of promoting contraband in the first, second, and third degree to apply to juveniles under certain circumstances.

This bill would also make nonsubstantive, technical revisions to update the existing code language to current style.

HB263 INTRODUCED Section 111.05 of the Constitution of Alabama of 2022, 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; to amend Sections 13A-10-30, 13A-10-36, 13A-10-37, and 13A-10-38, Code of Alabama 1975, to allow a detention facility to adopt a policy to further define what items constitute "contraband" for purposes of banning HB263 INTRODUCED certain items from detention facilities; to further define the crimes of promoting contraband in the first, second, and third degree to apply to juveniles under certain circumstances; to make nonsubstantive, technical revisions to update the existing code language to current style; 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 Section 111.05 of the Constitution of Alabama of 2022.