SB518 Alabama 2012 Session

Existing law does not provide for the chemical castration of convicted sex offenders

This bill would authorize the chemical castration or physical castration of certain criminal sex offenders under certain conditions contingent upon a determination by a court-appointed medical expert that the defendant is an appropriate candidate for the drug injections or physical castration

This bill also would provide that once an offender begins receiving court-ordered injections for chemical castration, the failure to continue to use the drug, without authorization by the court, is a Class B felony

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

Relating to the punishment of sex offenders; to provide for the use of chemical castration or physical castration for certain criminal sex offenders under certain conditions; to provide criminal penalties for failure to comply with the chemical castration process; 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.