Essentially this is the House Version of SB 297, which sought to ban registrants from being within 500 feet of schools for any reason. The same argument against SB 297 applies here as well. So if you wrote something opposing SB 297, feel free to use it here. After all, this is Same crap, different assholes.
This time it is going before the House Judiciary Committee.
Here are the House Judiciary Committee emails:
paul@pljpc.com, paulbeckmanjr@yahoo.com, mikeball@knology.net, allenfarley@bellsouth.net, cengland1@hotmail.com, Juandalynn.givan@alhouse.gov, 3007j@att.net, greeson@yahoo.com, waynejohnson259@yahoo.com, mljatty@andycable.com, john.robinson@alhouse.gov, david.standridge@alhouse.gov, bsketa@aol.com
SYNOPSIS of HB 426
Under existing law, it is a Class C felony for an adult sex offender who has been convicted of a sex offense involving a minor to loiter on or within 500 feet of school property or certain other property used for caring for, educating, or entertaining minors, without a legitimate purpose for being on the property.
This bill would make it a Class C felony for a convicted sex offender, after having been convicted of a sex offense involving a minor, to enter or remain within 500 feet of school property or certain other property used for caring for, educating, or entertaining minors. This bill would also make it a Class C felony for a convicted sex offender, after having been convicted of a sex offense involving a minor, to enter or remain within 500 feet of the property line of any property on which there is a public K-12 school or to actively participate in any public K-12 school activity when or where students are present.
Registered Former Offenders Restoration Movement (ReFORM), restoring hope, rehabilitation, and reintegration to Alabama's registered citizens
Friday, February 28, 2014
Thursday, February 20, 2014
Who would have guessed "barnyard sodomy" was legal in Alabama? Well, until SB 151 passes
After all, while I could write a MOOving statement, I don't think I'll crow about it. That would be b-a-a-a-d humor.
A BILL TO BE ENTITLED
AN ACT
To provide for the crime of bestiality; 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. For purposes of this act, the following terms shall have the following meanings:
(1) SEXUAL CONDUCT. Any touching or fondling by a person, either directly or through clothing, of the sex organs or anus of an animal or any transfer or transmission of semen by the person upon any part of the animal for the purpose of sexual gratification or arousal of the person.
(2) SEXUAL CONTACT. Any contact, however slight, between the mouth, sex organ, or anus of a person and the sex organ or anus of an animal, any penetration, however slight,
of any part of the body of the person into the sex organ or anus of an animal, or any penetration of the sex organ or anus of the person into the mouth of the animal for the purpose of sexual gratification or sexual arousal of the person.
Section 2.
(a) A person commits the crime of bestiality if he or she:
(1) Knowingly engages in or submits to any sexual conduct or sexual contact with an animal.
(2) Knowingly causes, aids, or abets another in engaging in any sexual conduct or sexual contact with an animal.
(3) Knowingly permits any sexual conduct or sexual contact with an animal upon premises under his or her control.
(4) Knowingly organizes, promotes, conducts, advertises, aids, abets, observes, or performs any service furthering an act involving sexual conduct or sexual contact with an animal for a commercial or recreational purpose.
(b) Bestiality is a Class A misdemeanor.
(c) This act shall not apply to accepted animal husbandry practices, conformation judging practices, or accepted veterinary medicine practices.
Friday, February 14, 2014
Update on SB 297, the "blanket ban" bill: First Substitution Offered offers more reasonable bill
I cannot say for certain that ReFORM-AL's call to action had anything to do with this latest development, but there was a great substitution made for SB 297. As it was originally written (as stated in my previous article), the language of SB 297 made it illegal for registrants with offenses involving a minor from even being within 500 feet for any reason. But now there is a big substitution of the bill, which ReFORM-AL finds more reasonable than the original version.
Before I add the text of the substitution, I wish to thank Will B from SOSEN and Dolley & James Madison from Ohio RSOL, as well as anyone else who took the time to write our Alabama legislators, for helping to bring about awareness of the perils of SB 297.
This is no guarantee the substitution will stand, but at least it is on the table. I have no issues with the substitute bill, personally, though I am sure my readers could tell me of any potential problems. I think the "field trip" provision is also an issue that must be addressed. After all, who posts field trips
I will only add the section of importance. It seems many Alabama bills always add sections on expenditures and the section that it will take effect once signed into law. No need to read that part. By the way, for those who don't read bills, when a bill is read, they tend to rewrite the code to show how the Code of Alabama will read once the bill passes. Underlined sections means that is the parts to be added, and lines mean this is what to be removed or stricken from the book. I added the bill synopsis for those who just want the short version.
___________________________________________________________-
SYNOPSIS: Under existing law, it is a Class C felony for an adult sex offender who has been convicted of a sex offense involving a minor to loiter on or within 500 feet of school property or certain other property used for caring for, educating, or entertaining minors, without a legitimate purpose for being on the property. This bill would also make it a Class C felony for an adult sex offender, after having been convicted of a sex offense involving a minor, to enter onto the property of a K-12 school while school is in session or attend any K-12 school activity without first notifying and reporting to the principal and complying with school rules regarding the visit.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 15-20A-17 of the Code of Alabama 1975, is amended to read as follows:
"§15-20A-17. "
(a)(1) No adult sex offender, after having been convicted of a sex offense involving a minor, shall loiter on or within 500 feet of the property line of any property on which there is a school, childcare facility, playground, park, athletic field or facility, school bus stop, college or university, or any other business or facility having a principal purpose of caring for, educating, or entertaining minors.
(b)(2) Under this section subsection, loiter means to enter or remain on property while having no legitimate purpose or, if a legitimate purpose exists, remaining on that property beyond the time necessary to fulfill that purpose. An adult sex offender does not violate this section subsection unless he or she has first been asked to leave a prohibited location by a person authorized to exclude the adult sex offender from the premises. An authorized person includes, but is not limited to, any law enforcement officer, security officer, any owner or manager of the premises, a principal, teacher, or school bus driver if the premises is a school, childcare facility, or bus stop, a coach, if the premises is an athletic field or facility, or any person designated with that authority.
(c)(3) For purposes of this section subsection, a school bus stop is any location where a motor vehicle owned or operated by or on behalf of a public or private school stops on a regular basis for the purpose of transporting children to and from school.
(b)(1) No adult sex offender, after having been convicted of a sex offense involving a minor, shall enter onto the property of a K-12 school while school is in session or attend any K-12 school activity unless the adult sex offender does all of the following:
a. Notifies the principal of the school, or his or her designee, before entering onto the property or attending the K-12 school activity.
b. Immediately reports to the principal of the school, or his or her designee, upon entering the property or arriving at the K-12 school activity.
c. Complies with any procedures established by the school to monitor the whereabouts of the sex offender for the duration of his or her presence on the school property or attendance at the K-12 school activity. For a public K-12 school, the local school board shall adopt a policy to effectuate this section.
(2) Procedures established to effectuate this subsection are limited to rules that allow the principal of the school, or his or her designee, to discreetly monitor the adult sex offender.
(3) For the purposes of this subsection, a K-12 school activity is an activity sponsored by a school in which students in grades K-12 are the primary intended participants or for whom students in grades K-12 are the primary intended audience including, but not limited to, school instructional time, after school care, after school tutoring, athletic events, field trips, school plays, or assemblies.
(d)(c) Any person who violates this section subsection (a) or subsection (b) shall be guilty of a Class C felony."
Before I add the text of the substitution, I wish to thank Will B from SOSEN and Dolley & James Madison from Ohio RSOL, as well as anyone else who took the time to write our Alabama legislators, for helping to bring about awareness of the perils of SB 297.
This is no guarantee the substitution will stand, but at least it is on the table. I have no issues with the substitute bill, personally, though I am sure my readers could tell me of any potential problems. I think the "field trip" provision is also an issue that must be addressed. After all, who posts field trips
I will only add the section of importance. It seems many Alabama bills always add sections on expenditures and the section that it will take effect once signed into law. No need to read that part. By the way, for those who don't read bills, when a bill is read, they tend to rewrite the code to show how the Code of Alabama will read once the bill passes. Underlined sections means that is the parts to be added, and lines mean this is what to be removed or stricken from the book. I added the bill synopsis for those who just want the short version.
___________________________________________________________-
SYNOPSIS: Under existing law, it is a Class C felony for an adult sex offender who has been convicted of a sex offense involving a minor to loiter on or within 500 feet of school property or certain other property used for caring for, educating, or entertaining minors, without a legitimate purpose for being on the property. This bill would also make it a Class C felony for an adult sex offender, after having been convicted of a sex offense involving a minor, to enter onto the property of a K-12 school while school is in session or attend any K-12 school activity without first notifying and reporting to the principal and complying with school rules regarding the visit.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 15-20A-17 of the Code of Alabama 1975, is amended to read as follows:
"§15-20A-17. "
(a)
(b)(1) No adult sex offender, after having been convicted of a sex offense involving a minor, shall enter onto the property of a K-12 school while school is in session or attend any K-12 school activity unless the adult sex offender does all of the following:
a. Notifies the principal of the school, or his or her designee, before entering onto the property or attending the K-12 school activity.
b. Immediately reports to the principal of the school, or his or her designee, upon entering the property or arriving at the K-12 school activity.
c. Complies with any procedures established by the school to monitor the whereabouts of the sex offender for the duration of his or her presence on the school property or attendance at the K-12 school activity. For a public K-12 school, the local school board shall adopt a policy to effectuate this section.
(2) Procedures established to effectuate this subsection are limited to rules that allow the principal of the school, or his or her designee, to discreetly monitor the adult sex offender.
(3) For the purposes of this subsection, a K-12 school activity is an activity sponsored by a school in which students in grades K-12 are the primary intended participants or for whom students in grades K-12 are the primary intended audience including, but not limited to, school instructional time, after school care, after school tutoring, athletic events, field trips, school plays, or assemblies.
Friday, February 7, 2014
SB 297 will prohibit registrants an offense involving a minor from being within 500 feet of schools or school events
Is the Senate Judiciary is trying to place more needless bills in legislature? There is already a prohibition against LOITERING within 500 feet of a school or day care, but this bill takes it too far by making an outright prohibition for a registrant with an offense involving a minor from even being within 500 feet of these locations. That is excessive.
In case anyone doesn't understand the difference, loitering means being in a place without a legitimate purpose. For example, I could go to a store 400 feet away to buy lunch and go to a park 200 feet away to meet a friend for lunch, "legitimate" purposes for being within the 500 foot zone, and thus legal. Under SB 297, those same actions are completely illegal. This bill is bad news.
The Senate Judiciary Committee meets Wednesday, Feb. 12 @ 1pm, if anyone can attend. But it is not slated to be a public hearing.
See my page on the Senate Judiciary Committee for contact info on the individual committee members.
To amend Section 15-20A-17, Code of Alabama 1975; to provide that it is a Class C felony for a sex offender convicted of a sex offense involving a minor to enter or remain within 500 feet of school property or certain other property used for caring for, educating, or entertaining minors, without a legitimate purpose for being on the property; to provide that it is a Class C felony for a sex offender convicted of a sex offense involving a minor to be present on or within 500 feet of public K-12 school property or to actively participate in any public K-12 school activity when or where students are present; 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.
In case anyone doesn't understand the difference, loitering means being in a place without a legitimate purpose. For example, I could go to a store 400 feet away to buy lunch and go to a park 200 feet away to meet a friend for lunch, "legitimate" purposes for being within the 500 foot zone, and thus legal. Under SB 297, those same actions are completely illegal. This bill is bad news.
The Senate Judiciary Committee meets Wednesday, Feb. 12 @ 1pm, if anyone can attend. But it is not slated to be a public hearing.
See my page on the Senate Judiciary Committee for contact info on the individual committee members.
To amend Section 15-20A-17, Code of Alabama 1975; to provide that it is a Class C felony for a sex offender convicted of a sex offense involving a minor to enter or remain within 500 feet of school property or certain other property used for caring for, educating, or entertaining minors, without a legitimate purpose for being on the property; to provide that it is a Class C felony for a sex offender convicted of a sex offense involving a minor to be present on or within 500 feet of public K-12 school property or to actively participate in any public K-12 school activity when or where students are present; 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.
Two sex offender-related bills in the House Judiciary committee Wed. 2/12/14 at 1:00pm
The House Judiciary committee has two bills up for discussion next week related to sex offenders:
HB 224: Rape, sodomy, burglary in the first degree, person convicted of these crimes under certain conditions sentenced to minimum of 20 yrs in prison if victim is 65 yrs old or older, Secs. 13A-6-61, 13A-6-63, 13A-7-5 am'd.
I am not fond of mandatory minimum sentences, but there is little here that should concern anyone unless you commit a crime.
HB 413: Sex Offenders, registration and community notification, technical revisions and citations update various sections, petition for relief from employment, residency living restriction, civil division of circuit courts, absconding without registering, penalty, Secs. 12-15-107, 12-15-116, 13A-5-2, 13A-5-6, 14-9-41, 15-18-8, 15-19-7, 15-20A-4 to 15-20A-7, incl., 15-20A-9, 15-20A-11, 15-20A-14, 15-20A-16, 15-20A-18, 15-20A-21 to 15-20A-26, incl., 15-20A-28, 15-20A-29, 15-20A-32, 15-20A-34, 15-20A-35, 15-20A-37, 15-20A-39, 15-20A-40, 15-20A-43, 15-20A-45, 15-20A-46, 15-22-27.3, 32-6-49.24, 36-18-24, 36-18-25, 38-13-2, 38-13-4
Of these two bills, HB 413 may be of a bigger concern. The bill is over 100 pages long and adds more regulation of registrants. Below is a brief breakdown of a few key points of HB413:
1. Amends §15-20A-16 to add an exemption to the no victim contact order under certain circumstances (under "Romeo and Juliet" offenses once the victim is age 19) This is a good thing.
2. This provision sounds bad to me (p.48): "(d) When an adult sex offender declares that he or she is homeless, notification shall be provided by posting a copy of the notice in a prominent place at the office of the sheriff and at the police station closest to the declared residence of the released adult sex offender, publicizing the notice in a local newspaper, or posting the notice electronically, including the Internet or other means available." I see some potential problems with this.
HB 224: Rape, sodomy, burglary in the first degree, person convicted of these crimes under certain conditions sentenced to minimum of 20 yrs in prison if victim is 65 yrs old or older, Secs. 13A-6-61, 13A-6-63, 13A-7-5 am'd.
I am not fond of mandatory minimum sentences, but there is little here that should concern anyone unless you commit a crime.
HB 413: Sex Offenders, registration and community notification, technical revisions and citations update various sections, petition for relief from employment, residency living restriction, civil division of circuit courts, absconding without registering, penalty, Secs. 12-15-107, 12-15-116, 13A-5-2, 13A-5-6, 14-9-41, 15-18-8, 15-19-7, 15-20A-4 to 15-20A-7, incl., 15-20A-9, 15-20A-11, 15-20A-14, 15-20A-16, 15-20A-18, 15-20A-21 to 15-20A-26, incl., 15-20A-28, 15-20A-29, 15-20A-32, 15-20A-34, 15-20A-35, 15-20A-37, 15-20A-39, 15-20A-40, 15-20A-43, 15-20A-45, 15-20A-46, 15-22-27.3, 32-6-49.24, 36-18-24, 36-18-25, 38-13-2, 38-13-4
Of these two bills, HB 413 may be of a bigger concern. The bill is over 100 pages long and adds more regulation of registrants. Below is a brief breakdown of a few key points of HB413:
1. Amends §15-20A-16 to add an exemption to the no victim contact order under certain circumstances (under "Romeo and Juliet" offenses once the victim is age 19) This is a good thing.
2. This provision sounds bad to me (p.48): "(d) When an adult sex offender declares that he or she is homeless, notification shall be provided by posting a copy of the notice in a prominent place at the office of the sheriff and at the police station closest to the declared residence of the released adult sex offender, publicizing the notice in a local newspaper, or posting the notice electronically, including the Internet or other means available." I see some potential problems with this.
Monday, February 3, 2014
Alabama allowed the rape of female inmates
The US DoJ has determined there were a number of abuses at Tutwiler Women's Prison.
http://www.justice.gov/opa/pr/2014/January/14-crt-061.html
Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Wednesday, January 22, 2014
Justice Department Releases Findings Showing That the Alabama Department of Corrections Fails to Protect Prisoners from Sexual Abuse and Sexual Harassment at the Julia Tutwiler Prison for Women
Today the Justice Department’s Civil Rights Division announced its letter of findings determining that prison officials at the Alabama Department of Corrections (ADOC) and the Julia Tutwiler Prison for Women (Tutwiler) violate women prisoners’ constitutional rights by failing to take reasonable steps to protect them from harm due to sexual abuse and sexual harassment caused by correctional staff. Specifically, the Justice Department found that prison officials have long been on notice of the risks to women prisoners and have chosen to ignore them. The findings also included a notice that the investigation will be expanded to examine allegations of additional constitutional violations.
The department found that women prisoners at Tutwiler live in a toxic environment with repeated and open sexual behavior. The conduct to which women are exposed includes: officers forcing women to engage in sexual acts with officers in exchange for basic sanitary supplies; male officers openly watching women shower or use the toilet; a staff facilitated “strip show”; a constant barrage of sexually offensive language; punishment of prisoners who report improper conduct; and encouraging improper sexual contact between prisoners. The sexual abuse and harassment is grossly underreported due to insufficient staffing and supervision, inadequate policies and procedures, a heightened fear of retaliation and an inadequate investigative process.
“Our investigation has revealed serious systemic operational deficiencies at Tutwiler that have exposed women prisoners to harm and serious risk of harm from staff-on-prisoner sexual abuse and sexual harassment,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division. “These problems have been festering for years, and are well known to Alabama prison officials. Remedying these deficiencies is critical to ensuring constitutionally protected treatment of women prisoners at Tutwiler and will promote public safety.”
The department’s comprehensive investigation involved an in-depth review and analysis of documents, including policies and procedures, incident reports, investigative reports, orientation materials and staff training materials. The department also interviewed prison officials and administrative and security staff, as well as current and former women prisoners.
The expanded investigation will examine allegations of excessive use of force, constitutionally inadequate conditions of confinement, constitutionally inadequate medical and mental health care and discriminatory treatment based on national origin, sexual orientation and gender identity. The department’s decision to expand its investigation of conditions at Tutwiler stemmed from the department’s review of information suggesting that the systemic deficiencies at Tutwiler that facilitated staff sexual misconduct may also lead to constitutionally inadequate conditions of confinement.
“The department stands ready to work with the state of Alabama on solving the problems at Tutwiler,” said U.S. Attorney George L. Beck Jr. for the Middle District of Alabama. “The report has identified a very serious and troubling situation at the facility. Action needs to be taken immediately. I am certain that Commissioner Thomas and the governor’s office will continue to cooperate in eradicating these deplorable conditions.”
The department commends Commissioner Kim Thomas and his staff for the cooperation they have shown, and for their receptivity to concerns raised, and looks forward to continuing to work with ADOC and Tutwiler officials in a collaborative manner on the expanded investigation and to resolve the existing findings expeditiously and under mutually agreeable terms.
For more information on the Civil Rights Division, please visit www.justice.gov/crt .
http://www.justice.gov/opa/pr/2014/January/14-crt-061.html
Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Wednesday, January 22, 2014
Justice Department Releases Findings Showing That the Alabama Department of Corrections Fails to Protect Prisoners from Sexual Abuse and Sexual Harassment at the Julia Tutwiler Prison for Women
Today the Justice Department’s Civil Rights Division announced its letter of findings determining that prison officials at the Alabama Department of Corrections (ADOC) and the Julia Tutwiler Prison for Women (Tutwiler) violate women prisoners’ constitutional rights by failing to take reasonable steps to protect them from harm due to sexual abuse and sexual harassment caused by correctional staff. Specifically, the Justice Department found that prison officials have long been on notice of the risks to women prisoners and have chosen to ignore them. The findings also included a notice that the investigation will be expanded to examine allegations of additional constitutional violations.
The department found that women prisoners at Tutwiler live in a toxic environment with repeated and open sexual behavior. The conduct to which women are exposed includes: officers forcing women to engage in sexual acts with officers in exchange for basic sanitary supplies; male officers openly watching women shower or use the toilet; a staff facilitated “strip show”; a constant barrage of sexually offensive language; punishment of prisoners who report improper conduct; and encouraging improper sexual contact between prisoners. The sexual abuse and harassment is grossly underreported due to insufficient staffing and supervision, inadequate policies and procedures, a heightened fear of retaliation and an inadequate investigative process.
“Our investigation has revealed serious systemic operational deficiencies at Tutwiler that have exposed women prisoners to harm and serious risk of harm from staff-on-prisoner sexual abuse and sexual harassment,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division. “These problems have been festering for years, and are well known to Alabama prison officials. Remedying these deficiencies is critical to ensuring constitutionally protected treatment of women prisoners at Tutwiler and will promote public safety.”
The department’s comprehensive investigation involved an in-depth review and analysis of documents, including policies and procedures, incident reports, investigative reports, orientation materials and staff training materials. The department also interviewed prison officials and administrative and security staff, as well as current and former women prisoners.
The expanded investigation will examine allegations of excessive use of force, constitutionally inadequate conditions of confinement, constitutionally inadequate medical and mental health care and discriminatory treatment based on national origin, sexual orientation and gender identity. The department’s decision to expand its investigation of conditions at Tutwiler stemmed from the department’s review of information suggesting that the systemic deficiencies at Tutwiler that facilitated staff sexual misconduct may also lead to constitutionally inadequate conditions of confinement.
“The department stands ready to work with the state of Alabama on solving the problems at Tutwiler,” said U.S. Attorney George L. Beck Jr. for the Middle District of Alabama. “The report has identified a very serious and troubling situation at the facility. Action needs to be taken immediately. I am certain that Commissioner Thomas and the governor’s office will continue to cooperate in eradicating these deplorable conditions.”
The department commends Commissioner Kim Thomas and his staff for the cooperation they have shown, and for their receptivity to concerns raised, and looks forward to continuing to work with ADOC and Tutwiler officials in a collaborative manner on the expanded investigation and to resolve the existing findings expeditiously and under mutually agreeable terms.
For more information on the Civil Rights Division, please visit www.justice.gov/crt .
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