HB421 By Representatives Ainsworth, Whorton (I), Nordgren, Butler, Ball, Williams (JW), Hanes, Harbison, Ledbetter and Fridy RFD Judiciary Rd 1 15-MAR-16

SYNOPSIS: Existing law provides for certain crimes relating to sexual offenses by school employees involving a student.

This bill would create the crime of prohibited contact between a school employee and student and make the crime a Class A misdemeanor or Class C felony.

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.

A BILL TO BE ENTITLED AN ACT

Relating to schools; to add Section 13A-6-84 to the Code of Alabama 1975, to create the crime of prohibited contact between a school employee and student; to make the crime a Class A misdemeanor or Class C felony; 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.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Section 13A-6-84 is added to the Code of Alabama 1975, to read as follows:

§13A-6-84.

(a) A person commits the crime of prohibited contact between a school employee and student if he or she does any of the following:

(1) Being a school employee, has communication with a student who is under the age of 19 years or enrolled in school pursuant to the Individuals with Disabilities Education Act, anonymously or otherwise, by telephone, mail, social media, or any other form of written or electronic communication, with the intent to arouse or gratify the sexual desire of himself or herself or of the student.

(2) Being a student who is under the age of 19 years or enrolled in school pursuant to the Individuals with Disabilities Education Act, has unsolicited communication with a school employee, anonymously or otherwise, by telephone, mail, social media, or any other form of written or electronic communication, with the intent to arouse or gratify the sexual desire of himself or herself or of the school employee.

(3) Being a school employee, intentionally surveils the sexual or genital parts of a student who is under the age of 19 years or enrolled in school pursuant to the Individuals with Disabilities Education Act, with or without the aid of an electronic device, in a manner that invades the reasonable expectation of privacy of the student.

(4) Being a student who is under the age of 19 years or enrolled in school pursuant to the Individuals with Disabilities Education Act, intentionally surveils the sexual or genital parts of a school employee, with or without the aid of an electronic device, in a manner that invades the reasonable expectation of privacy of the school employee.

(b) As used in this section, the following words shall have the following meanings:

(1) REASONABLE EXPECTATION OF PRIVACY. Includes, but is not limited to, an expectation by a person of having his or her sexual or genital parts covered with clothing, and of being in a gender segregated area or room designed or utilized for partial or full undress.

(2) SURVEIL. The secret observation of the activities of another person for the purpose of invading the privacy of the person observed.

(c) Consent is not a defense to a charge under this section.

(d) The crime of prohibited contact between a school employee and student is a Class A misdemeanor, except that a second or subsequent conviction is a Class C felony.

Section 2. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 3. 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.

Schools

Crimes and Offenses

Students

Sex Crimes

Code Added