HB433 Alabama 2016 Session

This bill would provide a safe harbor provision in current law for a child who engages in the act of prostitution by providing that a sexually exploited child may not be adjudicated delinquent or convicted of a crime of prostitution, but that the child may be adjudicated a child in need of supervision or a dependent child

This bill would prohibit the transfer of a case involving a sexually exploited child who commits an act of prostitution from the jurisdiction of juvenile court to any adult court

This bill would provide that a juvenile court retains jurisdiction over a sexually exploited child and may issue any requisite order or conduct any hearing necessary to protect the health or safety of a sexually exploited child that is determined to be in the best interests of the child

This bill would provide that certain social and community services shall be made available to sexually exploited children

This bill would authorize the assessment of an additional fine of $500 upon conviction of the crimes of promoting prostitution and certain other crimes relating to prostitution and would provide that the fine be paid to a court-certified therapeutic counselor that provides education, treatment, and prevention counseling to persons convicted of prostitution offenses

This bill would allow the detention for 72 hours of a foreign national who does not speak English if the person is arrested for the crime of prostitution to ensure that the person has access to certain resources, such as health care, shelter, and counseling

This bill would also require a domestic or interstate business engaging in an escort business of companionship in this state to register with the Secretary of State and would provide criminal penalties for violations

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 add Section 13A-12-123 to the Code of Alabama 1975, to provide a definition of "sexually exploited child"; to prohibit a sexually exploited child from being adjudicated delinquent or convicted of a crime of prostitution; to provide that a sexually exploited child engaged in prostitution may be adjudicated a child in need of supervision or a dependent child; to prohibit the transfer of a case involving a sexually exploited child who commits an act of prostitution from the jurisdiction of juvenile court to any adult court; to authorize a juvenile court to retain jurisdiction over a sexually exploited child; to provide for certain court orders in the best interests of the child; to provide that certain social and community services will be made available to sexually exploited children; to authorize an additional fine for certain crimes relating to prostitution; to require certain persons convicted of certain prostitution related crimes to attend counseling and education programs; to allow the detention of a person for 72 hours if the person is arrested for the crime of prostitution; to require a domestic or interstate business engaging in an escort business of companionship in this state to register with the Secretary of State; to amend Section 15-5-61, Code of Alabama 1975, to subject certain misdemeanor offenses relating to prostitution to criminal forfeiture; 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.