Tuesday, April 25, 2017

ACTION ALERT! SB 301 is up before the AL House Judiciary tomorrow @ 1:30pm. We must oppose this bill!

Tomorrow, the House Judiciary Subcommittee meets at 1:30 PM to discuss a number of bills, including SB 301. While it is too late to request a public hearing on the matter, we can still contact the members of the subcommittee to put a stop to SB 301’s progress.

After reading the entirety of SB 301, there are numerous problems with this bill:

1. Residency definition redefined: The definition of residency will be redefined in a vague way; if you spend time at a specific place for over 4 hours a day for 3 straight days or 10 days out of the month, then that counts as a residence. If you spend ANY amount of time in a specific place and act or speak in a way that makes a cop think you'll be there for at least 4 hours a day for 3 straight days or for 10 days out of a month, then that is a residence. If you visit someone between 10:30pm and 6am, that's establishing a residence.
2. Volunteer work restricted: SP 301 also includes volunteer work among the 2000 feet restrictions on employment and residency. As with defining residency, the definition for volunteer work is extremely vague. Last year, a man was arrested for volunteering as a firefighter and answering a distress call within 2000 feet of a school. Obviously, limiting the ability of registered citizens to even volunteer has a detrimental effect on the ability to become productive members of society.
3. Many new “crimes” added to the registry: SP 301 creates new registerable offenses for the crimes of distributing a private image, sexting, sexual extortion, assault with bodily fluids, and directing a child to engage in sexual intercourse or deviate sexual intercourse, and to provide further for the crime of electronic solicitation of a child. I believe that at the very least, a number of juveniles will likely be forced to register by virtue of these laws.

At this point, we have until tomorrow to make our voices heard. SB 301 must be vehemently opposed. This bill has already passed the Senate, but we still have time to at least influence his progress in the House. Below, I have listed all current emails of House Judiciary Subcommittee members as well as the clerk of the subcommittee’s phone number. We need to flood them with letters and phone calls.

Cut and paste to your email: mljatty@andycable.com, jim.hill@alhouse.gov, mikeball@knology.net, paulbeckmanjr@yahoo.com, merika.coleman@alhouse.gov, ddrake1080@aol.com, cengland1@hotmail.com, allenfarley@bellsouth.net, david.faulkner@alhouse.gov, mdfridy@gmail.com, juandalynn.givan@alhouse.gov, mike.holmes@alhouse.gov, thadmcclammy@aol.com, phillip.pettus@alhouse.gov, brandy.allen@alhouse.gov

Judiciary Committee Clerk Brandy Allen’s Phone # -- 334-353-3944

Full text of SB 301 -- http://alisondb.legislature.state.al.us/alison/searchableinstruments/2017RS/bills/SB301.htm

Sunday, April 16, 2017

SB301 is going to change the definition of "residence," and the results will be catastrophic


I have a huge problem with SB 301. The definition of "reside" is being changed by this bill, and not for the better. Most residence definitions deal with where a person sleeps, but this law impacts even where a person spends his time during the day. Below is the relevant text of the bill:

http://alisondb.legislature.state.al.us/alison/searchableinstruments/2017RS/bills/SB301.htm

"(20) RESIDE. To be habitually or systematically present at a place. Whether a person is residing at a place shall be determined by the totality of the circumstances, including the amount of time the person spends at the place and the nature of the person's conduct at the place. The term reside includes, but is not limited to, spending more than four hours a day at the place on three or more consecutive days; spending more than four hours a day at the place on 10 or more aggregate days during a calendar month; or spending any amount of time at the place coupled with statements or actions that indicate an intent to live at the place or to remain at the place for the periods specified in this sentence. A person does not have to conduct an overnight visit to reside at a place.

("(14) OVERNIGHT VISIT. Any presence between the hours of 10:30 p.m. and 6:00 a.m.)

"(20) (21) RESIDENCE. Each fixed residence or other place where a person resides, sleeps, or habitually lives or will reside, sleep, or habitually live. If a person does not reside, sleep, or habitually live in a fixed residence, residence means a description of the locations where the person is stationed regularly, day or night, including any mobile or transitory living quarters or locations that have no specific mailing or street address. Residence shall be construed to refer to the places where a person resides, sleeps, habitually lives, or is stationed with regularity, A fixed residence as defined by Section 15-20A-4 or other place where the person resides, regardless of whether the person declares or characterizes such place as a residence.

To clarify, if you spend time at a specific place for over 4 hours a day for 3 straight days or 10 days out of the month, then that counts as a residence.

If you spend ANY amount of time in a specific place and act or speak in a way that makes a cop think you'll be there for at least 4 hours a day for 3 straight days or for 10 days out of a month, then that is a residence.

If you visit someone between 10:30pm and 6am, that's establishing a residence.

Can you see the problem here? Lets say you are homeless. You sleep under a bridge but hang out at your mom's house part of the day to bathe, eat, and do laundry. You don't do it but every 3rd day. Guess what? Your mom's house is a "residence" under SB 301. What if you go fishing often? (Seeing as how so few of us have jobs thanks to the law, I can imagine lots of time in rural areas revolve around fishing holes.) I imagine hundreds, even thousands of registered citizens will be arrested for violating residence restrictions simply by spending time hanging out a place too long.

This law is bad news. As of this week, it has been read three times in the Senate. This bill must be stopped ASAP.

UPDATE 4/24: It is now before the House Judiciary Committee. Here are all active emails:

mljatty@andycable.com, jim.hill@alhouse.gov, mikeball@knology.net, paulbeckmanjr@yahoo.com, merika.coleman@alhouse.gov, ddrake1080@aol.com, cengland1@hotmail.com, allenfarley@bellsouth.net, david.faulkner@alhouse.gov, mdfridy@gmail.com, juandalynn.givan@alhouse.gov, mike.holmes@alhouse.gov, thadmcclammy@aol.com, phillip.pettus@alhouse.gov, brandy.allen@alhouse.gov,