SB161 Alabama 2012 Session

Under existing law, first degree human trafficking is a Class A felony, and second degree human trafficking is a Class B felony. It also is a crime to obstruct or attempt to interfere or prevent enforcement of Alabama's human trafficking law

Under existing law, a victim of human trafficking is entitled to mandatory restitution and is entitled to initiate a civil lawsuit to recover damages

Also under existing law, a person convicted of human trafficking in the first degree is required to register as a sex offender, provided that the offense involves sexual servitude

This bill would enhance penalties for subsequent convictions of first degree human trafficking and second degree human trafficking

This bill would require that, in determining whether a minor was caused, induced, or persuaded to engage in sexual servitude, the total circumstances, including the age of the victim and his or her relationship to the trafficker or agents of the trafficker, and any handicap or disability of the victim, must be considered

This bill would require certain sex offenders to disclose their Internet service provider when registering

This bill would require law enforcement agencies to use due diligence to identify all victims of human trafficking, regardless of the citizenship of the person and to consider certain information related to certain victims

This bill also would provide for additional fines for persons convicted of first degree or second degree human trafficking and would provide for the deposit of these fines into the Alabama Crime Victims Compensation Fund, for the purpose of funding grants for services for victims of human trafficking

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, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To amend Sections 13A-6-152, 13A-6-153, and Section f Act 2011-640, 2011 Regular Session, now appearing as Section 15-20A-7, Code of Alabama 1975, to enhance penalties for subsequent convictions of first degree human trafficking and second degree human trafficking; to require the consideration of certain factors for human trafficking of minors; to require certain sex offenders to disclose their Internet service provider when registering; to require law enforcement agencies to use due diligence to identify all victims of human trafficking; to provide for additional fines for persons convicted of first degree and second degree human trafficking; to provide for deposit of fines in the Alabama Crime Victims Compensation Fund; to specify the purpose of the fund; 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.