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SB324
SB324 SYNOPSIS: Under existing law, a minor who has attained 16 years of age may be charged,
arrested, and tried as an adult for capital offenses, other specified felonies, and certain
lesser included offenses. This bill would repeal this provision and would allow for the transfer
of a child 14 years of age or more from the juvenile court to the circuit court if the child
is alleged to have committed a capital offense, other specified felonies, and certain lesser
included offenses. This bill would also specify that the transfer of a case from juvenile
court to circuit court does not prohibit a circuit court judge from granting an individual
youthful offender status. Existing law also specifies who may be detained or confined in secure
custody and when a child may be detained in a jail or other facility for the detention of
adults. This bill would provide that a child 14 years of age or older whose case was transferred
from the juvenile court to the circuit court may be detained or...
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SB95
SB95 By Senator Brewbaker ENROLLED, An Act, Relating to foster care and kinship guardianship;
to amend Sections 12-15-301, 12-15-314, 12-15-315, 38-12-32, 38-12-35, 38-12-36, 38-12-37,
38-12-38, and 38-12-40 of the Code of Alabama 1975, to provide for the appointment of successor
guardianships when a kinship guardian dies or is incapacitated; to require the juvenile court
to consider services needed to assist a child to make the transition from foster care to independent
living at the age of 14 instead of age 16; and to define age or developmentally appropriate
childhood activities and reasonable and prudent parent standard for caregivers of children
in foster care; and to provide that the reasonable and prudent parent standard would apply
for purposes of caregiver liability. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1.
Sections 12-15-301, 12-15-314, 12-15-315, 38-12-32, 38-12-35, 38-12-36, 38-12-37, 38-12-38,
and 38-12-40 of the Code of Alabama 1975, are amended to read as...
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HB131
173098-2:n:02/01/2016:FC/mfc LRS2016-124R1 HB131 By Representative Hill (J) RFD Judiciary Rd
1 09-FEB-16 SYNOPSIS: Under existing law, a child who is placed for care may be placed with
a kinship guardian. This bill would provide for a successor guardian to be named in a kinship
guardian agreement in the event the kinship guardian dies or becomes incapacitated. Under
existing law, a standard is not provided for a foster parent or a designated institutional
caregiver of a foster child to authorize a child to participate in age or developmentally
appropriate activities. This bill would define age or developmentally appropriate for the
purposes of childhood activities and specify a reasonable and prudent parent standard for
a caregiver to allow a child to participate in activities and would provide the standard would
apply for purposes of caregiver liability. The bill would also require the juvenile court
to consider services for a child at age 14 or over, instead of age 16 or over,...
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HB238
Rep(s). By Representative Collins HB238 ENROLLED, An Act, Relating to children; to add Section
13A-6-82.1, to the Code of Alabama 1975, to create the crime of a school employee transmitting
obscene material to a student; to amend 13A-6-80, 13A-6-81, 13A-6-82, Code of Alabama 1975,
relating to sexual conduct by school employees, to further provide for the crimes of sexual
contact or soliciting a sex act with a student; to amend Section 15-25-31, Code of Alabama
1975, to provide for the admissibility of certain out-of-court statements by children under
the age of 12 years in certain child abuse and neglect criminal proceedings; to amend Section
26-14-3, Code of Alabama 1975, to reference a specific definition of child abuse and neglect
in mandatory child abuse and neglect reporting provisions; to amend Section 38-7-2, Code of
Alabama 1975, to revise the definition of day care center; to add Section 38-7-20 to the Code
of Alabama 1975, to authorize an individual under 19 years of age with...
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HB458
175457-4:n:03/17/2016:JET/tj LRS2016-1011R3 HB458 By Representative Rowe RFD Judiciary Rd 1
22-MAR-16 SYNOPSIS: Under existing law, the commission of domestic violence is a crime, and
there are provisions to protect domestic violence victims from further acts of violence. Furthermore,
during the 2015 Regular Session, significant revisions were made to existing provisions in
law governing domestic violence offenses and domestic violence protection orders (Act 2015-496).
This bill would clarify certain provisions of Act 2015-496, including clarification of definitions,
including dating relationships and household members, certain requirements for sworn petitions
for protection orders, notice of hearing and service of process requirements, fines and penalties
for violations of protection orders, arrests without warrants for violation of protection
orders, release and bail of domestic violence offenders, and provisions governing domestic
violence by strangulation or suffocation. Amendment...
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SB430
177434-1:n:04/20/2016:JET/th LRS2016-1648 SB430 By Senator Scofield RFD Judiciary Rd 1 20-APR-16
SYNOPSIS: Under existing law, the commission of domestic violence is a crime, and there are
provisions to protect domestic violence victims from further acts of violence. Furthermore,
during the 2015 Regular Session, significant revisions were made to existing provisions in
law governing domestic violence offenses and domestic violence protection orders (Act 2015-496).
This bill would clarify certain provisions of Act 2015-496, including clarification of definitions,
including dating relationships and household members, certain requirements for sworn petitions
for protection orders, notice of hearing and service of process requirements, fines and penalties
for violations of protection orders, arrests without warrants for violation of protection
orders, release and bail of domestic violence offenders, and provisions governing domestic
violence by strangulation or suffocation. Amendment 621...
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HB433
Rep(s). By Representatives Williams (JD), Coleman, Boyd and Ball HB433 ENROLLED, An Act, To
add Section 13A-12-123 to the Code of Alabama 1975, to provide a definition of "sexually
exploited child"; to prohibit a sexually exploited child from being adjudicated delinquent
or convicted of a crime of prostitution; to provide that a sexually exploited child engaged
in prostitution may be adjudicated a child in need of supervision or a dependent child; to
prohibit the transfer of a case involving a sexually exploited child who commits an act of
prostitution from the jurisdiction of juvenile court to any adult court; to authorize a juvenile
court to retain jurisdiction over a sexually exploited child; to provide for certain court
orders in the best interests of the child; to provide that certain social and community services
will be made available to sexually exploited children; to authorize an additional fine for
certain crimes relating to prostitution; to require certain persons convicted...
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SB2
169821-1:n:05/21/2015:FC/tj LRS2015-2118 SB2 By Senator Bussman RFD Health and Human Services
Rd 1 02-FEB-16 SYNOPSIS: Under existing law, after a child has been placed in the legal custody
of the Department of Human Resources, the department may request the court to appoint a kinship
guardian to care for the child. This bill would specify that the department would not be required
to consider a relative of the child who resides outside of this state for appointment if the
relative has not notified the department within six months after the child has been placed
in the legal custody of the department that the person desires to be considered for appointment
as a kinship guardian. A BILL TO BE ENTITLED AN ACT Relating the Department of Human Resources;
to amend Section 12-15-314 of the Code of Alabama 1975, relating to written requests of the
department for the appointment of kinship guardians; to specify that the department would
not be required to consider a relative of the child who...
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HB335
Rep(s). By Representative Williams (JD) HB335 ENROLLED, An Act, To amend Sections 12-21-131
and 15-1-3 of the Code of Alabama 1975, relating to interpreters in certain criminal and juvenile
proceedings; to expand the types of proceedings for which an interpreter may be requested
and to clarify the persons who may request an interpreter. BE IT ENACTED BY THE LEGISLATURE
OF ALABAMA:Section 1. Sections 12-21-131 and 15-1-3 of the Code of Alabama 1975, are amended
to read as follows: ยง12-21-131. "(a) "Deaf person" means any person either
totally deaf, or who has defective hearing, or who has both defective hearing and speech.
"(b) For the purpose of this section, the term "qualified interpreter" means
an interpreter certified by the National Registry of Interpreters for the Deaf, Alabama Registry
of Interpreters for the Deaf, or, in the event an interpreter so certified is not available,
an interpreter whose qualifications are otherwise determined. Efforts to obtain the services
of a...
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HB446
175363-1:n:03/08/2016:JET/th LRS2016-1014 HB446 By Representative Jones RFD Judiciary Rd 1
17-MAR-16 SYNOPSIS: Under existing law, there are certain periods of confinement that may
be imposed for parolees and probationers who violate the terms of parole or probation, with
exceptions. Furthermore, significant revisions were made to the criminal justice, corrections,
and probation and parole systems during the 2015 Regular Session (Act 2015-185). This bill
would further clarify certain provisions of Act 2015-185, 2015 Regular Session, including
clarification of when modifications to the initial voluntary sentencing standards are effective
and the periods of confinement that may be imposed for violations and would specify that,
prior to the imposition of confinement, the parolee or probationer must be presented with
a written violation report. This bill would modify the predicate monetary values of theft
of property in the third degree, theft of lost property in the third degree, theft of...
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