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,

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."

Marshall County woman in land dispute with Registrant

 

What is it with WAFF? This is the second stupid registrant bashing story this week. Had the man in question was not a registrant, this would not be news. Plus the woman needs to be in trouble for harassment.

http://www.waff.com/story/15537897/woman

Marshall County woman in land dispute with sex offender

Posted: Sep 23, 2011 7:57 PM EDT Updated: Sep 23, 2011 7:58 PM EDT

By Stephen McLamb - bio | email

GRANT, AL (WAFF) -

There is a land dispute in Marshall County between a woman and a convicted sex offender.

He has allegedly moved onto the woman's property without permission.

That's at 588 Newport highway just outside of grant, the property owner told us she's working to get him off her land.

The man was living next door but was picked up in a roundup last month when it was discovered a child was living there.

He then created a residence next door and law enforcement says they cannot do anything about property line disputes.

"That's definitely an issue when you have little girls running around. I mean, you worry about the children," said Karla Hardin, who says the man is on her property.

Hardin said she always worries about sex offenders living near her but she never believed it would be on her own property.

"So he lives in a shed running a power cord from his shed to his wife's single wide," said Hardin.

Sheriff's officials confirmed to WAFF 48 news that Steven Edward Southers was picked up in a recent roundup when it was determined he was living in a mobile home with a child.

But after he made bond, Hardin says he put up a shed she said is 30 feet on her property, so she sought law enforcement to have him removed.

"I went to the courthouse and I've been told to go to civil court over this because it's a property line issue," said Hardin.

Despite having a survey done Wednesday and the property line marked between the structure and his former residence, Hardin says he hasn't left.

For now Hardin told us all she can do is warn the public about who is living on her property with a sign, but she says even that caused trouble.

"Police were out here last night and they left and my sign is still hanging," said Hardin.

Southers said the deeds were messed up years ago and that he's on his own property.

Hardin says she will have to spend her money for civil court to get him off of her property.

Copyright 2011 WAFF. All rights reserved.