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,

1 comment:

  1. One of the problems from a personal perspective starts in criminal trials. In criminal court, you get all the justice you can afford to buy.

    This extends into the Federal Courts in challenging state convictions unless you are still incarcerated.

    Prose no longer exists in our Federal Courts. They simply summarily deny Pro se petitions on the basis that they "do not state a claim".

    If you do not have 200k to spend on an attorney, then you have no means of fighting wrongful convictions or liberty issues.

    Believe me, not only the registry but many other forms of punishment are indeed liberty issues.

    Are there bad people out there? Yes indeed. Are they lurking behind every bush, not hardly.

    Is there compelling state interest to ignore Individual rights? No. and it does not exist. There is never a compelling state interest to override individual rights. That is a an erroneous claim made by state prosecutors who are actively usurping individual rights.

    In attacking laws created by states that impinge on liberty is NOT a civil case. It is a criminal issue and can only take place with due process as required by the 5th amendment.

    There are opposing views. The views of individuals and the views of "public Servants". Lets remember for a second who "public servants are suppose to serve.

    In order to obtain an attorney in Alabama for example who is willing to fight these issues, you will find that the majority wouldn't touch them even if you have the money. They are simply to risky politically.

    Legislatures are constantly creating laws that they say will protect us, however if laws actually could protect us, there would be no crime. It is against the law to commit murder, but every day we see new that someone has been murdered. I am sure the families of that murdered person will never feel protected by the law.

    There is never a substitute for self protection. And by that I mean that the responsibility of protecting YOU is in your hands. Be alert, be aware and listen to what your family tells you about friends, acquaintances and even relatives. They may not always be right, but they only need to be right once to save your life.

    The idea that something can never happen to you is the most dangerous idea that anyone can have.

    We are all susceptible to any crime at any time.

    We should also understand that when the justice system is broken, we are all at risk. Not just from those who could harm us, but from those who are "supposed" to be protecting us as well.

    It should also be noted that when the accused have no right, anyone can become the accused. That means you too. No matter how impossible you may think that is, you are wrong. It will only take about five minutes of research on wrongful convictions to discover just how wrong you truly are.

    The most valuable asset we have is Liberty. When that is taken from you unjustly, there is never a return to it. It is forever gone.

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