HB332 By Representatives Estes, Robertson, Kiel, McMillan, Greer, Isbell, Shiver, Faust, Farley, Whitt, Reynolds, Brown (K), Crawford, Rich, Hanes, Fincher, Whorton, Stadthagen, Marques, Easterbrook, Sullivan and Allen RFD Judiciary Rd 1 27-FEB-20

SYNOPSIS: Under current law, there is no statewide registry for individuals convicted of terrorism.

This bill would create a statewide registry for individuals convicted of certain federal terrorism offenses and would provide what information would need to be maintained in the registry, the time of registration, and would require local law enforcement agencies and the Alabama State Law Enforcement Agency to register individuals convicted of certain terrorism offenses.

This bill would provide criminal penalties for failure to register, would provide for the registration of homeless offenders, provide for a searchable public website of offenders, would establish fees associated with registration, would provide notification to law enforcement prior to certain travel outside the state and the country.

The bill would require the Alabama State Law Enforcement Agency to adopt rules to implement and administer the registry.

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 terrorism; to add Division 2, commencing with Section 13A-10-160.01, to Article 7 of Chapter 10 of Title 13A, Code of Alabama 1975; to create a statewide terrorism registry; to specify the information to be maintained in the registry; to provide for the time of registration; to require local law enforcement agencies and the Alabama State Law Enforcement Agency to register individuals convicted of terrorism; to provide criminal penalties for failure to register; to provide for the registration of homeless offenders; to provide for a searchable public website of offenders; to establish fees associated with registration; to provide notification to law enforcement prior to certain travel outside the state and the country; to require the Alabama State Law Enforcement Agency to adopt rules to implement the registry; 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. Article 7 of Chapter 10 of Title 13A, commencing with Section 13A-10-150, is designated as Division 1.

Section 2. Division 2, commencing with Section 13A-10-160.01, is added to Article 7 of Chapter 10 of Title 13A, Code of Alabama 1975, to read as follows:

Division 2. Terrorism Registration.

§13A-10-160.01.

This act shall be known and may be cited as "The Mike Spann Tribute Law."

§13A-10-160.02.

This division is applicable to every adult convicted of any federal terrorism offense under Chapter 113B of Part I of Title 18 of the United States Code Annotated, without regard to when the crime was committed or when the duty to register arose.

§13A-10-160.03.

For the purposes of this division, the following terms shall have the following meanings:

(1) AGENCY. The Alabama State Law Enforcement Agency.

(2) CONVICTION. A verdict or finding of guilt as the result of a trial, a plea of guilty, a plea of nolo contendere, or an Alford plea regardless of whether adjudication was withheld. Conviction includes, but is not limited to, a conviction in a United States territory, a conviction in a federal or military tribunal, including a court martial conducted by the Armed Forces of the United States, a conviction for an offense committed on an Indian reservation or other federal property, a conviction in any state of the United States or a conviction in a foreign country if the foreign country's judicial system is such that it satisfies minimum due process set forth in the guidelines under Section 111(5)(B) of Public Law 109-248. Cases on appeal are deemed convictions until reversed or overturned.

(3) IMMEDIATELY. Within three business days.

(4) LOCAL LAW ENFORCEMENT. The sheriff of the county and the chief of police if the location subject to registration is within the corporate limits of any municipality, or, if applicable, the chief law enforcement officer for a federally recognized Indian tribe.

(5) RESIDE. To be habitually or systematically present at a place. Whether a person is residing at a place shall be determined by the totality of the circumstances, including the amount of time the person spends at the place and the nature of the person's conduct at the place. The term reside includes, but is not limited to, spending more than four hours a day at the place on three or more consecutive days; spending more than four hours a day at the place on 10 or more aggregate days during a calendar month; or spending any amount of time at the place coupled with statements or actions that indicate an intent to live at the place or to remain at the place for the periods specified in this sentence. A person does not have to conduct an overnight visit to reside at a place.

(6) RESIDENCE. A fixed residence or other place where the person resides, regardless of whether the person declares or characterizes such place as a residence.

(7) RESPONSIBLE AGENCY. The person or government entity whose duty it is to obtain information from a terrorism offender and to transmit that information to the Alabama State Law Enforcement Agency, police departments, and sheriffs. For a terrorism offender being released from federal prison and who intends to establish a residence in this state, the Alabama State Law Enforcement Agency is responsible for gathering information relating to the offender.

(8) TERRORISM OFFENDER or OFFENDER. An adult convicted of any federal terrorism offense under Chapter 113B of Part I of Title 18 of the United States Code Annotated.

§13A-10-160.04.

(a) The following registration information shall be provided by the terrorism offender when registering:

(1) Name, including any aliases, nicknames, ethnic, or tribal names.

(2) Date of birth.

(3) Social Security number.

(4) Address of each residence.

(5) Name and address of any school the defendant attends or will attend. For purposes of this subdivision, a school includes an educational institution, public or private, including a secondary school, a trade of professional school, or an institution of higher education.

(6) Name and address of any employer where the terrorism offender works or will work, including any transient or day laborer information.

(7) The license plate number, registration number or identifier, description, and permanent or frequent location where all vehicles are kept for any vehicle used for work or personal use, including land vehicles, aircraft, and watercraft.

(8) Any telephone number used, including land line and cell phone numbers.

(9) Any email addresses or instant message address or identifiers used, including any designations or monikers used for self-identification in Internet communications or postings other than those used exclusively in connection with a lawful commercial transaction.

(10) A current photograph.

(11) A physical description of the terrorism offender, including physical appearance, physical characteristics, and identifying marks, such as scars and tattoos.

(12) Fingerprints and palm prints.

(13) A DNA sample. The DNA sample may be collected by the agency, a sheriff, or police officer. Prior to collecting a DNA sample, the responsible agency or agency shall determine if a DNA sample has already been collected for the terrorism offender. If a DNA sample has not been previously collected for the terrorism defender, the agency shall coordinate for the collection of a DNA sample with the sheriff of the county in which the terrorism offender resides. The collection of a DNA sample should be performed using materials recommended or provided by the Alabama Department of Forensic Sciences. The DNA sample shall be immediately forwarded by the entity collecting the sample to the Department of Forensic Sciences.

(14) A photocopy of the valid driver license or identification card.

(15) A photocopy of any and all passport and immigration documents.

(16) Any professional licensing information that authorizes the defendant to engage in an occupation or carry out a trade or business.

(17) A full criminal history of the terrorism offender, including dates of all arrests and convictions, status of parole, probation, or supervised release, registration status, and outstanding arrest warrants.

(18) A list of any and all Internet service providers used by the terrorism offender.

(19) Any other information deemed necessary by the Secretary of the agency.

(b) The agency is not required to obtain any of the following information each time the terrorism offender verifies his or her required registration information if the agency verifies the information has already been collected and has not been changed or altered:

(1) A current photograph.

(2) Fingerprints or palm prints.

(3) A DNA sample.

(4) A photocopy of the valid driver license or identification card.

(5) A photocopy of any and all passport and immigration documents.

(c) The registration information shall be collected by the Alabama State Law Enforcement Agency in a manner determined by the secretary of the agency and adopted in rule by the secretary.

(d) The required registration information shall include a form explaining all registration and notification duties, including any requirements and restrictions placed on the defendant. This form shall be signed and dated by the terrorism offender. If the terrorism offender fails to sign the form, the designee of the agency shall sign the form stating that the requirements have been explained to the offender and that the offender refused to sign.

(e) All required registration information shall be stored electronically in a manner determined by the secretary of the agency and shall be available in a digitized format by the agency to anyone entitled to receive the information as provided in Section 13A-10-160.14.

(f) Any person who knowingly fails to provide the required registration information, or who knowingly provides false information, pursuant to this section shall be guilty of a Class C felony.

§13A-10-160.05.

(a) Terrorism offenders convicted of federal terrorism offenses under Chapter 113B of Part I of Title 18 of the United States Code Annotated, the Alabama State Law Enforcement Agency shall adopt procedures to establish checks of federal convictions for terrorism offenses and public records in this state to identify any Alabama residents who may be subject to the registration requirements under this division, as well as notification procedures to those offenders who are subject to registration.

(b) A terrorism offender who knowingly fails to comply with this section by failing to provide the required registration information shall be guilty of a Class C felony.

§13A-10-160.06.

(a) Any terrorism offender who declares he or she is entering the state to establish a residence or who enters this state to establish a residence shall immediately appear in person and register all required registration information with local law enforcement in the county where the terrorism offender intends to establish or establishes a residence.

(b) Any terrorism offender who enters this state to accept employment, a volunteer position, or to become a student shall immediately appear in person and register all required registration information with local law enforcement in the county where the offender accepts employment, the volunteer position, or becomes a student.

(c) Whenever a terrorism offender registers pursuant to this section, he or she shall be subject to the requirements of this division.

(d) Within 30 days of initial registration, the terrorism offender shall provide each registering agency with a certified copy of his or her terrorism conviction; however, an offender shall be exempt from this subsection if the offender provides adequate documentation that the certified record is no longer available or has been destroyed.

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

§13A-10-160.07.

(a) Immediately upon establishing a new residence, accepting employment, accepting a volunteer position, or beginning school attendance, the terrorism offender shall appear in person to register with local law enforcement in each county in which the offender establishes a residence, accepts employment, accepts a volunteer position, or begins school attendance.

(b)(1) Immediately upon transferring or terminating any residence, employment, or school attendance, the terrorism offender shall appear in person to notify local law enforcement in each county in which the terrorism offender is transferring or terminating residence, employment, or school attendance.

(2) Whenever a terrorism offender transfers his or her residence, as provided in subdivision (1) from one county to another county, the sheriff of the county from which the terrorism offender is transferring his or her residence shall immediately notify local law enforcement in the county in which the terrorism offender intends to reside. If a terrorism offender transfers his or her residence, as provided in subdivision (1) from one county to another jurisdiction, the sheriff of the county from which the terrorism offender is transferring his or her residence shall immediately notify the chief law enforcement agency in the jurisdiction in which the offender intends to reside.

(c) Immediately upon any name change, subject to restrictions provided in 13A-10-160.11, the terrorism offender shall immediately appear in person to update the information with local law enforcement in each county in which the offender is required to register.

(d)(1) Upon changing any required registration information, including by transferring or terminating a residence, the terrorism offender shall immediately appear in person and update the information with local law enforcement in each county in which the terrorism offender resides. Provided, however, any changes in telephone numbers, email addresses, instant message addresses, or other on-line identifiers or Internet service providers may be reported to local law enforcement in person, electronically, or telephonically as required by the local law enforcement agency.

(2) Notwithstanding any other provision of law regarding the establishment of residence, a terrorism offender has transferred or terminated his or her residence for purposes of subdivision (1) whenever the offender vacates his or her residence or fails to spend three or more consecutive days at his or her residence without previously notifying local law enforcement or completing a travel notification document pursuant to Section 13A-10-160.08.

(e) A terrorism offender shall appear in person to verify all required registration information during the terrorism offender's birth month and every three months thereafter, regardless of the month of conviction, for the duration of the offender's life, with local law enforcement in each county in which the offender resides.

(f) At the time of the initial registration, and at any subsequent times of registration, the terrorism offender shall be provided a form explaining any and all duties and restrictions placed on the offender. The terrorism offender shall read and sign this form stating that he or she understands the duties and restrictions imposed by this division. If the offender refuses to sign the form, the designee of the registering agency shall sign the form stating that the requirements have been explained to the offender and that the offender refused to sign.

(g) For purposes of this section, a school includes an educational institution, public or private, including a secondary school, a trade or professional school, or an institution of higher education.

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

§13A-10-160.08.

(a) A terrorism offender who no longer has a fixed residence shall be considered homeless and shall appear in person and report the change in fixed residence to local law enforcement where he or she is located immediately upon the change in fixed residence.

(b) In addition to complying with the registration requirements pursuant to Section 13A-10-160.04, a homeless terrorism offender who lacks a fixed residence, or who does not provide an address at a fixed residence at the time of release or registration, shall report in person once every seven days to law enforcement agency where he or she resides. If the offender resides within the city limits of a municipality, he or she shall report to the chief of police. If the offender resides outside of the city limits of a municipality he or she shall report to the sheriff of the county. The weekly report shall be on a day specified by local law enforcement and shall occur during normal business hours.

(c)(1) Each time a homeless terrorism offender reports under this section, he or she shall provide all of the following information:

a. Name.

b. Date of birth.

c. Social Security number.

d. A detailed description of the location or locations where he or she has resided during the week.

e. A list of the locations where he or she plans to reside in the upcoming week with as much specificity as possible.

(2) The registering agency is not required to obtain the remaining required registration information from the homeless terrorism offender each time he or she reports to the registering agency unless the homeless offender has any changes to the remaining required registration information.

(d) If a terrorism offender who was homeless obtains a fixed residence, the offender shall immediately appear in person to update the information with local law enforcement in each county of residence.

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

§13A-10-160.09.

(a) Immediately before a terrorism offender temporarily leaves his or her county of residence for a period of three or more consecutive days, the offender shall report in person to the sheriff in each county of residence and complete and sign a travel notification document.

(b) The travel notification document shall be a form prescribed by the Alabama State Law Enforcement Agency to collect dates of travel, the intended destination or destinations, temporary lodging information, and any other information reasonably necessary to monitor an offender who plans to travel.

(c) If a terrorism offender intends to travel to another country, he or she shall report in person to the sheriff in each county of residence and complete a travel notification document at least 21 days prior to the travel. If the travel to another country is for a family or personal medical emergency or a death in the family, then the offender shall report in person to the sheriff in each county of residence immediately prior to travel. Any information reported to the sheriff in each county of residence shall immediately be reported to the United States Marshals Service and the Alabama State Law Enforcement Agency.

(d) The travel notification document shall explain the duties of the terrorism offender regarding travel as prescribed by the Alabama State Law Enforcement Agency and a certification that the offender understands the duties required of him or her and that the information he or she provided on the travel notification document is true and correct. No offender shall provide false information on the travel notification document.

(e) The sheriff in each county of residence shall immediately notify local law enforcement in the county or the jurisdiction to which the terrorism offender will be traveling.

(f) Upon return to the county of residence, the terrorism offender shall immediately report to the sheriff in each county of residence.

(g) All completed travel notification documents shall be included with the adult terrorism offender's required registration information.

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

§13A-10-160.10.

(a) A terrorism offender shall pay a registration fee in the amount of ten dollars ($10) to each registering agency where the offender resides beginning with the first quarterly registration after the effective date of this act, and at each quarterly registration thereafter.

(b) Each time a terrorism offender terminates his or her residence and establishes a new residence, he or she shall pay a registration fee in the amount of ten dollars ($10) to each registering agency where the offender establishes a new residence.

(c) If, at the time of registration, the terrorism offender is unable to pay the registration fee, the registering agency may require the offender to pay the fee in installments not to exceed 90 days. The registering agency shall waive the registration fee if the offender has an order from the court declaring his or her indigence. In the event the offender is determined to be indigent, a periodic review of the offender's indigent status shall be conducted by the court to determine if the offender is no longer indigent. Further, if the offender is determined to be indigent by the sentencing court, nothing in this division shall prohibit the offender from being placed on a payment plan where the entire fee is collected in total.

(d)(1) The fees collected under this section shall be appropriated to the registering agency to defray the costs associated with terrorism offender registration and verification.

(2) Any and all registration fees collected by the sheriff, or his or her designee, shall be deposited in the county general fund earmarked for use of the sheriff and shall be paid to the sheriff upon his or her request to be used at the discretion of the sheriff for any law enforcement purpose related to terrorism offender registration, tracking, or apprehension.

(3) The monies provided in this section and the use of the funds shall in no way diminish or take the place of any other reimbursement or other source of income established for the sheriff or the operation of his or her office.

(4) Any and all registration fees collected by a chief of police, or his or her designee, shall be deposited into the municipal general fund and made available to the affected law enforcement agency or department upon requisition of the chief law enforcement official of the agency or department and shall be used for any lawful purpose related to terrorism offender registration, tracking or apprehension.

(5) The monies provided in this section and the use of the funds shall in no way diminish or take the place of any other reimbursement or other source of income established for the chief of police or the operation of his or her office.

(e) Any person who willfully fails to pay the required registration fee at the time of registration, or at the time at which the installment payment is due, shall be guilty of a Class B misdemeanor. Upon a second or subsequent conviction for willful failure to pay the required registration fee, the offender shall be guilty of a Class A misdemeanor.

§13A-10-160.11.

(a) A terrorism offender may not change his or her name unless the change is incident to a change in the marital status of the offender or is necessary to effect the exercise of the religion of the offender. Any a change shall be immediately reported to local law enforcement in each county in which the offender is required to register.

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

§13A-10-160.12.

(a) When a terrorism offender declares, and the county is notified that an offender intends to reside, maintain employment or a volunteer position, or attend school in the county and the offender fails to appear for registration, the county that received the notice shall immediately inform the sheriff of the county that provided the notice that the offender failed to appear for registration.

(b) When a terrorism offender fails to register or cannot be located, an effort shall immediately be made by the sheriff in the county in which the offender failed to register or is unable to be located to determine whether the offender has absconded.

(c) If no determination can be made as to whether the terrorism offender has absconded, the sheriff of the county in which the offender failed to appear for registration shall immediately notify the Alabama State Law Enforcement Agency and the United States Marshals Service that the offender cannot be located and provide any information available to determine whether the offender absconded to the United States Marshals Service.

(d) Once a determination is made that the terrorism offender has absconded, all of the following shall occur:

(1) The sheriff of the county in which the offender has absconded shall immediately obtain a warrant for the arrest of the offender.

(2) The sheriff of the county in which the offender has absconded shall immediately notify the United States Marshals Service and the Alabama State Law Enforcement Agency.

(3) The Alabama State Law Enforcement Agency shall immediately notify the Criminal Justice Information Center, who shall immediately notify the National Criminal Information Center.

(e) A terrorism offender who knowingly fails to appear for registration after declaring his or her intent to reside, be employed, or attend school in a county without notifying local law enforcement in that county that he or she will no longer establish a residence, maintain employment or a volunteer position, or attend school, shall be guilty of a Class C felony.

§13A-10-160.13.

Nothing in this division shall be construed as creating a cause of action against the state or any of its agencies, officials, employees, or political subdivisions based on the performance of any duty imposed by this division or the failure to perform any duty imposed by this division.

§13A-10-160.14.

The Alabama State Law Enforcement Agency shall adopt rules for the implementation and administration of this division.

Section 3. 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 4. This act shall become effective January 1, 2021, following its passage and approval by the Governor, or its otherwise becoming law.

Terrorism

Crimes and Offenses

Alabama State Law Enforcement Agency

District Attorneys

Attorney General

Sheriffs

Court, Circuit

Code Added