SB489 By Senator Scofield RFD Judiciary Rd 1 19-MAY-15

SYNOPSIS: Under existing law, an adult sex offender may not establish or maintain a residence or other living accommodation within 2,000 feet of property on which a school or childcare facility is located.

This bill would prohibit an adult sex offender from establishing or maintaining a residence or other living accommodation within 2,000 feet of a resident camp facility for minors.

A BILL TO BE ENTITLED AN ACT

Relating to residency requirements for adult sex offenders; to amend Section 15-20A-11, Code of Alabama 1975, to prohibit an adult sex offender from establishing a residence within 2,000 feet of a resident camp facility for minors.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 15-20A-11, Code of Alabama 1975, is amended to read as follows:

§15-20A-11.

"(a) No adult sex offender shall establish a residence, maintain a residence after release or conviction, or establish any other living accommodation within 2,000 feet of the property on which any school, or childcare facility, or resident camp facility is located unless otherwise exempted pursuant to Sections 15-20A-23 and 15-20A-24. For the purposes of this section, a resident camp facility includes any place, area, parcel, or tract of land which contains permanent or semi-permanent facilities for sleeping owned by a business, church, or nonprofit organization used primarily for the educational, recreational, or religious purposes for minors and the location of the resident camp has been provided to local law enforcement. Resident camp does not include a private residence, farm, hunting, or fishing camp.

"(b) No adult sex offender shall establish a residence, maintain a residence after release or conviction, or establish any other living accommodation within 2,000 feet of the property on which his or her former victim, or an immediate family member of the victim, resides unless otherwise exempted pursuant to Section 15-20A-24.

"(c) Changes to property within 2,000 feet of a registered address of an adult sex offender which occur after the adult sex offender establishes residency shall not form the basis for finding that the adult sex offender is in violation of this section.

"(d) No adult sex offender shall establish or maintain a residence or any other living accommodation with a minor. For the purpose of this subsection, living accommodation includes, but is not limited to, any overnight visit with a minor. Notwithstanding the foregoing, an adult sex offender may reside with a minor if the adult sex offender is the parent, grandparent, stepparent, sibling, or stepsibling of the minor, unless one of the following conditions applies:

"(1) Parental rights of the adult sex offender have been or are in the process of being terminated as provided by law.

"(2) The adult sex offender has been convicted of any sex offense in which any of the minor children, grandchildren, stepchildren, siblings, or stepsiblings of the adult sex offender was the victim.

"(3) The adult sex offender has been convicted of any sex offense in which a minor was the victim and the minor resided or lived with the adult sex offender at the time of the offense.

"(4) The adult sex offender has been convicted of any sex offense involving a child, regardless of whether the adult sex offender was related to or shared a residence with the child victim.

"(5) The adult sex offender has been convicted of any sex offense involving forcible compulsion in which the victim was a minor.

"(e) Notwithstanding any other provision of law regarding establishment of residence, an adult sex offender shall be deemed to have established a residence in any of the following circumstances:

"(1) Wherever an adult sex offender resides for three or more consecutive days.

"(2) Wherever an adult sex offender resides following release, regardless of whether the adult sex offender resided at the same location prior to the time of conviction.

"(3) Whenever an adult sex offender spends 10 or more aggregate days at a location during a calendar month.

"(4) Whenever an adult sex offender vacates or fails to spend three or more consecutive days at his or her residence without previously notifying local law enforcement pursuant to Section 15-20A-15.

"(f) An adult sex offender is exempt from subsections (a) and (b) during the time an adult sex offender is admitted to a hospital or is incarcerated in a jail, prison, mental health facility, or any other correctional placement facility wherein the adult sex offender is not allowed unsupervised access to the public.

"(g) For the purposes of this section, the 2,000-foot measurement shall be taken in a straight line from nearest property line to nearest property line.

"(h) Any person who knowingly violates this section shall be guilty of a Class C felony."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Sex Offenders

Crimes and Offenses

Criminal Law and Procedure

Residence

Camp Facilities

Code Amended