2015 Legislative Roundup

The 2015 Legislative Season has come to an end, so here is the final results for the bills ReFORM-AL was watching this year:

HB316: 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-9, incl., 15-20A-11, 15-20A-12, 15-20A-14, 15-20A-15, 15-20A-16, 15-20A-18, 15-20A-21 to 15-20A-29, incl., 15-20A-32, 15-20A-34, 15-20A-35, 15-20A-37, 15-20A-38, 15-20A-39, 15-20A-40, 15-20A-42, 15-20A-43, 15-20A-44, 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 am'd.

Status: Enrolled (passed into law) -- This will benefit a few registrants to petition for relief under certain conditions.
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SB 272: Sex crimes, sexual misconduct, lack of consent required, crimes of rape in the 3rd degree, sodomy in the 3rd degree and sexual abuse in 3rd degree created to address circumstances where both parties are below age of consent, Secs. 13A-6-65, 13A-6-70, 15-20A-5, 15-20A-6 am'd.

Status: Never left committee. Good.
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These laws all pretty much read the same way; all referred to residency restriction extensions to "camps" used by children.

HB654: Sex offenders, residency, prohibited within 2,000 feet of camp facility used by children, Sec. 15-20A-11 am'd.

Status: Died in committee.

HB680: Sex offenders, residency requirements, prohibit residence within 2,000 feet of a camp facility used by children, Sec. 15-20A-11 am'd.

Status: Died in committee

SB489: Sex offenders, residency requirements, prohibit residence within 2,000 feet of a camp facility used by children, Sec. 15-20A-11 am'd.

Status: Died in committee

I'd like to point out that these bills simply did not advance due to time restraints. I expect we will see these bills introduced early next year.
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SB67: Corrections reform, criminal penalties and sentencing revised, alternative community corrections programs required, specified treatment and supervision practices by Board of Pardons and Paroles required, criteria for release required, sanctions for violations by parolees and probationers, mandatory supervision periods for inmates, Secs. 13A-8-3.1, 13A-8-4.1, 13A-8-8.1, 13A-8-18.1, 13A-8-24, 13A-9-3.1, 13A-9-6.1, 15-22-26.1, 15-22-36.3, 15-22-57 added; Secs. 12-25-32, 12-25-33, 13A-5-3, 13A-5-6, 13A-5-9, 13A-5-11, 13A-5-13, 13A-7-7, 13A-8-3, 13A-8-4, 13A-8-5, 13A-8-8, 13A-8-9, 13A-8-10.2, 13A-8-10.3, 13A-8-18, 13A-8-19, 13A-9-3, 13A-9-4, 13A-9-6, 13A-9-7, 13A-9-14, 13A-12-211, 13A-12-212, 13A-12-213, 13A-12-291, 14-14-5, 15-8-8, 15-18-171, 15-18-172, 15-18-174, 15-18-176, 15-18-180, 15-18-182, 15-22-24, 15-22-26, 15-22-28, 15-22-29, 15-22-31, 15-22-32, 15-22-33, 15-22-36, 15-22-36.2, 15-22-51, 15-22-52, 15-22-53, 15-22-54, 29-2-20, 36-18-25 am'd.

Status: Enrolled (Passed into law)

SB 67 is going to require the state to settle on an "actuarial" risk assessment test for "certain offenders;" I'm sure this means sex offenders, of course. Alabama currently lacks a standard for risk assessment. Also, this seems only to apply to juvenile offenders.

SB 67 introduced a "Class D felony" with a maximum 5 year sentence and a maximum $7500 fine, half the penalty of a class C. It seems sex offenses are not given class D felon status, however.

SB 67 extends the time by which alleged victims are notified of a registrant's release or pardon or parole review from 30 days to 45 days.
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HB 68: Statute of limitations, commencement of civil actions based on sexual abuse, tolled until final adjudication of related criminal case

HB 68 changes the time that an alleged victim can sue for damages from two years after the act to two years after the alleged perpetrator is convicted.

Status: Died in committee. Good.
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HB8: Websites containing personal information of persons convicted of crimes, required to remove information at no charge upon request, civil penalties, presumption of defamation

This bill would require the operator of a website containing an arrest photograph and personal information of a person charged with a crime to remove, at no charge, the photograph and information within a specified period after notice that the person was acquitted, the charges were dropped, or the charges were otherwise resolved without conviction. This bill would also provide that the failure to remove the photograph and personal information upon request is a deceptive trade practice and that an aggrieved individual is entitled to all rights and remedies under the Deceptive Trade Practices Act.

Status: Died in committee. THIS BILL SHOULD HAVE PASSED!!!

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Overall, this session has made few laws that harm registered citizens as a whole. Expect to see that residency restriction bill reintroduced next year. Hopefully, 2016 will be as quiet as this year was for registered citizens and their families.

UPDATE: HB 316 now in the Senate, and more bad provisions added

Alabama already has lots of employment restrictions, but the version of HB316 that passed the House has new additions that clarify existing restrictions and possibly added new restrictions. Now the bill sits in the Senate.

When reading a legislative bill, always look for underlined sentences or marked through words. THAT is where changes have been made.

Below is the section on work restrictions. I'm not sure what has actually changed but it is worth reviewing because changes in employment restrictions could be detrimental to your job and freedom.

See pgs. 47-48 of the engrossed bill:
"§15-20A-13.
"(a) No adult sex offender shall apply for, accept, or maintain employment or vocation or volunteer at any school, childcare facility, mobile vending business that provides services primarily to children, or any other business or organization that provides services primarily to children.

"(b) No adult sex offender shall apply for, accept, or maintain employment or volunteer for any employment or vocation within 2,000 feet of the property on which a school or childcare facility is located unless otherwise exempted pursuant to Sections 15-20A-24 and 15-20A-25.

"(c) No adult sex offender, after having been convicted of a sex offense involving a child, shall apply for accept, or maintain employment or vocation or volunteer for  any employment or vocation within 500 feet of a playground, park, athletic field or facility, or any other business or facility having a principal purpose of caring for, educating, or entertaining minors.

"(d) Changes to property within 2,000 feet of an adult sex offender's place of employment which occur after an adult sex offender accepts employment shall not form the basis for finding that an adult sex offender is in violation of this section.

"(e) It shall be unlawful for the owner or operator of any childcare facility or any other organization that provides services primarily to children to knowingly employ or accept volunteer services from an adult sex offender.

"(f) For purposes of this section, the 2,000-foot measurement shall be taken in a straight line from nearest  property line to nearest property line.

(g) Any person who knowingly violates this section shall be guilty of a Class C felony.

WARNING: Alabama looking to add "resident camp facilities" to the growing list of restricted zones

It is a little late in the legislative season but both legislative sects have their own versions of this new bill-- HB654, HB680, and SB489. Why the House has two versions of the bill is beyond me, other than noting HB 654 lacks the sentence defining "resident camp facilities" and the word "knowingly" in the sentence stating whoever violates this law is guilty of a class C felony.

No matter the case, these laws are bad news. The definition is very confusing. Are they referring to treatment programs or summer camp?

There is no time to waste. Call your legislators today and stop these bad bills.

Synopsis: Under existing law, an adult sex offender may not establish or maintain a residence or other living accommodation within 2,000 feet of property on which a school or childcare facility is located.

This bill would prohibit an adult sex offender from establishing or maintaining a residence or other living accommodation within 2,000 feet of a resident camp facility for minors.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Section 15-20A-11, Code of Alabama 1975, is amended to read as follows:
§15-20A-11.

"(a) No adult sex offender shall establish a residence, maintain a residence after release or conviction, or establish any other living accommodation within 2,000 feet of the property on which any school, or childcare facility, or resident camp facility is located unless otherwise exempted pursuant to Sections 15-20A-23 and 15-20A-24. For the purposes of this section, a resident camp facility includes any place, area, parcel, or tract of land which contains permanent or semi-permanent facilities for sleeping owned by a business, church, or nonprofit organization used primarily for the educational, recreational, or religious purposes for minors and the location of the resident camp has been provided to local law enforcement. Resident camp does not include a private residence, farm, hunting, or fishing camp.

"(h) Any person who knowingly violates this section shall be guilty of a Class C felony."