HB582 Alabama 2017 Session

Under existing law, a person commits the crime of custodial sexual misconduct if he or she is employed by certain governmental agencies and engages in sexual conduct with another person in the custody of the Department of Corrections, Department of Youth Services, a sheriff, a county, or a municipality

This bill would further define the term employee

This bill would further define the crime to provide that a person commits the crime of custodial sexual misconduct if he or she is an employee and engages in sexual conduct with a person under the supervisory, disciplinary, or custodial authority of a community corrections and punishment program or an alcohol or drug abuse court referral and treatment program

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 14-11-30 and 14-11-31, Code of Alabama 1975, relating to custodial sexual misconduct; to provide further definitions; to further define the crime to protect persons under the supervisory, disciplinary, or custodial authority of a community corrections and punishment program or an alcohol or drug abuse court referral and treatment program; 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.