SB120 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

<p class="bill_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</p><p class="bill_description"> Also under existing law, a statute, rule, regulation, or order may define what items constitute "contraband"</p><p class="bill_description"> 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</p><p class="bill_description"> Under existing law, the crimes of promoting prison contraband in the first, second, and third degree limit their application to inmates under certain circumstances</p><p class="bill_description"> This bill would further define the crimes of promoting contraband in the first, second, and third degree to apply to juveniles under certain circumstances</p><p class="bill_description"> This bill would also make nonsubstantive, technical revisions to update the existing code language to current style</p><p class="bill_description"> SB120 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</p><p class="bill_description"> 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</p><p class="bill_entitled_an_act"> 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 SB120 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. </p>