HB85 Alabama 2013 Session

Existing law restricts a sex offender from living and from being employed within 2,000 feet of property on which a child care facility or school is located

Existing law also restricts a sex offender from residing within 2,000 feet of a former victim

This bill would prohibit more than one unrelated sex offender from residing at the same residence. This bill would also provide that no sex offender may reside in any residence unless there is a distance of at least 500 feet from the residence of any other sex offender

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 prohibit more than one unrelated criminal sex offender from residing in a residence; to provide that no more than one criminal sex offender may reside in an apartment complex unless there is a distance of at least 500 feet from the residence of any other offender; to provide exceptions; 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