HB582 By Representatives Butler and Nordgren RFD Judiciary Rd 1 02-MAY-17

SYNOPSIS: 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.

A BILL TO BE ENTITLED AN ACT

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.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 14-11-30 and 14-11-31, Code of Alabama 1975, is amended as follows:

§14-11-30.

"When used in this article, the following words shall have the following meanings:

"(1) CUSTODY. Any of the following:

"a. Pretrial incarceration or detention.

"b. Incarceration or detention under a sentence or commitment to a state or local penal institution, any detention facility for children or youthful offenders.

"c. Parole or mandatory supervised release.

"d. Electronic home detention.

"e. Parole or probation.

"(2) EMPLOYEE. Either of the following:

"a. An employee or contractual employee of any governmental agency of the state, county, or municipality that has by statute, ordinance, or court order the responsibility for the care, control, or supervision of pretrial or sentenced persons in a penal system or detention facility.

"b. An employee, agent, or contractor of a facility who provides supervision, treatment, care, custody, control, or authority over a person, pretrial or posttrial, who is not a contractual employee of a governmental agency of the state, courts, or municipality, pursuant to a referral or court order by the state, county, or municipality.

"(3) SEXUAL CONDUCT. Any of the following acts:

"a. Sexual intercourse. This term shall have its ordinary meaning and occurs upon a penetration, however slight; emission is not required.

"b. Sexual contact. Any known touching for the purpose of sexual arousal, gratification, or abuse of the following:

"1. The sexual or other intimate parts of the victim by the actor.

"2. The sexual or other intimate parts of the actor by the victim.

"3. The clothing covering the immediate area of the sexual or other intimate parts of the victim or actor.

"c. Sexual intrusion. Any intrusion, however slight, by any object or any part of the body of a person into the genital, anal, or oral opening of the body of another person if that sexual intrusion can reasonably be construed as being for the purposes of sexual arousal, gratification, or abuse.

§14-11-31.

"(a) It shall be unlawful for any employee to engage in sexual conduct with a person who is in the custody of any of the following:

"(1) the The Department of Corrections,.

"(2) the The Department of Youth Services,.

"(3) a A sheriff,.

"(4) a A county, or.

"(5) a A municipality.

"(b) It shall be unlawful for any probation or parole officer, law enforcement officer, or any other employee of a law enforcement agency to engage in sexual conduct with a person who is under the supervisory, disciplinary, or custodial authority of the officer engaging in the sexual conduct with the person.

"(c) It shall be unlawful for an employee to engage in sexual conduct with a person who is under the supervisory, disciplinary, or custodial authority of any of the following:

"(1) A community corrections and punishment program created pursuant to the Alabama Community Corrections and Punishment Act, Article 9, commencing with Section 15-18-170, of Chapter 18, Title 15.

"(2) An alcohol or drug abuse court referral and treatment program created pursuant to Chapter 23 of Title 12.

"(c) (d) Any person violating subsection (a) or, (b), or (c) shall, upon conviction, be guilty of custodial sexual misconduct.

"(d) (e) Custodial sexual misconduct is a Class C felony.

"(e) (f) For purposes of this article, the consent of the person in custody of the Department of Corrections, the Department of Youth Services, a sheriff, a county, or a municipality, or a person who is on probation or on parole, shall not be a defense to a prosecution under this article."

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.

Crimes and Offenses

Criminal Law and Procedure

Community Corrections Programs

Drug Court Program

Drug Assistance Program

Code Amended