HB369 Alabama 2013 Session

Under existing law, a person commits the crime of a school employee having sexual contact with a student under the age of 19 years if he or she engages in sexual contact with the student

Under existing law, sexual contact means touching of the sexual or other intimate parts of a student for sexual gratification or soliciting or harassing a student to perform a sex act

This bill would clarify sexual contact to mean touching the sexual or other intimate parts of another person for sexual gratification in order to provide for a situation in which the school employee asks a student to initiate sexual contact

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 Section 13A-6-82, Code of Alabama 1975; to clarify the meaning of sexual contact for purposes of the crime of a school employee having sexual contact with a student under the age of 19 years; 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.