Monday, January 28, 2013

HB 85 to reintroduce anti-clustering law to legislative session

Anti-clustering laws are very bad news, since registrants are forced into the few legal areas to live. This law did not pass statewide in 2010 but was passed in Jefferson County. This law needs to be taken down immediately. Contact the legislators today to prevent this bill from passing!

HB 85
To prohibit more than one unrelated criminal sex
offender from residing in a residence; to provide that no more
than one criminal sex offender may reside in an apartment
complex unless there is a distance of at least 500 feet from
the residence of any other offender; to provide exceptions;
 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

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) No unrelated criminal sex offender
may establish a residence or other living accommodation in a
residence where another criminal sex offender whose name
appears on the county sheriff's official published sex
offender list resides.

(b) No criminal sex offender whose name appears on
the county sheriff's official published sex offender list may
establish residence or other living accommodations unless
there is a distance of 500 feet or more from the residence of
any other criminal sex offender.

(c) The owner or lessee of the property who
knowingly, willingly, or intentionally permits a violation of
subsection (a) or subsection (b) shall be guilty of a
misdemeanor and, upon conviction, may be imprisoned in the
county jail for hard labor for not more than 90 days and be
fined not more than five thousand dollars ($5,000) for each
violation. When collected, those fines shall be equally
distributed to the county sheriff's department and the office
of the district attorney of the county or to the municipal
court for any case prosecuted in the municipal court.

(d) An owner or lessee of property shall not be in
violation of subsection (a) or subsection (b) if the sex
offender is the spouse or child of the owner or lessor or if
 the spouse or child is the owner or lessee of the property.


(e) An owner of property shall not be in violation
of subsection (a) or subsection (b) where the application for
a lease or the lease itself provides a signed statement by the
lessee that the lessee is not a convicted sex offender.

(f) Notwithstanding any other provision of Chapter
20A of Title 15, Code of Alabama 1975, to the contrary, a sex
offender shall not be in violation of subsection (a) or (b) if
the sex offender is residing at a treatment facility that is a
residential health care facility approved by the State Health
Planning and Development Agency or at a halfway house or
treatment facility certified by the state Health Planning and
Development Agency, or is otherwise incarcerated in a state
facility.

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.

Below are the bill's sponsors. Please contact them:


REPRESENTATIVE
KURT WALLACE

(R)


42nd District
(Chilton and Shelby)


State House:Room 427-J
11 S. Union Street
Montgomery, AL 36130
(334) 242-7772
Home Address:24 Maple Drive
Maplesville, AL.  36750

Work Phone: 

(334) 366-4211

Email:

representativewallace@gmail.com

Representative Kurt Wallace was elected to the Alabama House of Representatives on November 2, 2010.

He describes himself as a Conservative Christian who will “fearlessly defend my God, country, and family against all who would do them harm.”

____________________________________________________
____________________________________________________


REPRESENTATIVE
MIKE JONES

(R)

 


92nd District
(Covington and Escambia)


State House:Room 427-E
11 S. Union Street
Montgomery, AL 36130
(334) 242-7739
Home Address:


Work Address:
486 Sutton Road
Andalusia, AL. 36420

P.O. Box 957
Andalusia, AL. 36420

Home Phone:
Work Phone:
Cell Phone: Fax Number:

(334) 222-4367
(334) 222-0111
(334) 804-8240
(334) 427-1671

Email:

mljatty@andycable.com

REPRESENTATIVE Mike Jones was elected to the Alabama House of Representatives on November 2, 2010.

______________________________________________________________
______________________________________________________________

REPRESENTATIVE
PAUL BECKMAN

(R)


88th District
(Autauga and Elmore)

Committees:

State House:Room 427-D
11 S. Union Street
Montgomery, AL 36130
(334) 242-7499
Home Address:


District Address:
1803 Tara Drive
Prattville, AL. 36066

P.O. Box 680155
Prattville, AL.  36068

Home Phone:
Work Phone:
District Phone:
Cell Phone:
Fax Number:

(334) 361-0977
(334) 834-4808
(334) 323-5918
(334) 300-1780
(334) 834-4801

Email:

paulbeckmanjr@yahoo.com

Representative Paul Beckman was elected to the Alabama House of Representatives on November 2, 2010.

Here is a news article on the subject. Note the comments from State Rep. Ball:

http://whnt.com/2013/01/27/billpreventgroup/


Bill Aims To Prevent Group Living By Convicted Sex Offenders
Posted on: 9:05 pm, January 27, 2013, by Nick Banaszak

HUNTSVILLE, Ala.(WHNT)-Keeping convicted sex offenders away from each other is the aim of a newly filed bill in the Alabama Legislature.
State Rep. Mike Ball (R-Madison) is among a group of lawmakers who are targeting so-called sex offender “clusters” that are often near children. If passed, House Bill 85 would prohibit convicted sex offenders from living at the same residence, preventing community living that Ball said has gotten out of hand in many parts of the state. The bill would also require that all sex offenders live at least 500 feet away from each other.
Ball said several Alabama communities have been hampered by groups of sex offenders living together in closely condensed places like motels and apartment complexes.
“When folks feel their children are endangered, we need to do something,” said Rep. Ball, who helped craft the bill. “If someone has a drinking problem or a drug problem, you need to stay away from people with that same problem, because it’s just not conducive to managing to curb your instincts…If children live nearby and there’s just a large number of them [sex offenders], it just creates a huge problem for that particular community.”
House Bill 85 was filed last week, but there are two exceptions for the 500 foot rule. Sex offenders who are temporarily living at treatment centers within close proximity to other offenders’ houses would be exempt from the guidelines, as would sex offenders who are related.
Rep. Ball dismissed claims that the bill would make it even tougher for sex offenders to live anywhere in Alabama. State law already prohibits sex offenders from living within 2,000 feet of schools or daycare centers.
“The fact is, if you commit sex offenses, penalties are probably not as harsh as a lot of people would like them to be…Folks need to think long and hard before they commit those violations.”

Here is Mike Ball's info. Feel free to educate him:

REPRESENTATIVE
MIKE BALL

(R)


10th District
(Madison)


State House:11 South Union Street
Room 401-A
Montgomery, AL 36130
(334) 242-7683
District:Post Office Box 6302
Huntsville, AL 35824
Home Phone:
Leg. Phone:
(256) 772-8730
(256) 539-5441
Email:mikeball@knology.net


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