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LWVAL Action Priority Level III - Issues identified by LWVAL Advocacy Committee and/or State Board or Local Leagues. Monitoring occurs; action dependent on opportunity and available resources.Click a bill to see sponsor(s), summary (including link to full text), League action and justification for that action, and progress of the bill through the legislative process.
Legend:
= LWVAL's support for the legislation. 
= LWVAL's opposition to the legislation.
= new bill activity; change from previous week's report such as new progress in the legislature and/or League action. Bill may be one newly added to the report. These updates are in green font.LWVAL has taken a position on these bills:
HB185 - Nondriver ID cards, parolees, Commissioner of Dept. of Corrections and Secretary of the ALEA, authority to establish program to issue nondriver ID to resident parolees upon release
Sponsor(s): Representative Ball
Summary/Synopsis: Under existing law, the Alabama State Law Enforcement Agency must make available to any resident of this state who does not hold a valid Alabama driver's license a nondriver identification card to be used for identification purposes only.
This bill would give the Commissioner of the Department of Corrections, in coordination with the Secretary of the Alabama State Law Enforcement Agency, the authority to establish a program to issue a nondriver identification card to a resident parolee upon his or her release from prison.
League Action and Justification: Support
Identification in this modern age is required for many activities including hiring. Those convicted of felonies and sentenced to incarceration lose their driver’s license and it takes time to reinstatement the license. This would aid in the rehabilitation process.
Bill Progress in Legislature:
02/11/2015: First Reading and referred to the House Committee on Public Safety and Homeland Security (PS&HS).
Summary/Synopsis: Under existing law, the Alabama State Law Enforcement Agency must make available to any resident of this state who does not hold a valid Alabama driver's license a nondriver identification card to be used for identification purposes only.
This bill would give the Commissioner of the Department of Corrections, in coordination with the Secretary of the Alabama State Law Enforcement Agency, the authority to establish a program to issue a nondriver identification card to a resident parolee upon his or her release from prison.
League Action and Justification: Support
Identification in this modern age is required for many activities including hiring. Those convicted of felonies and sentenced to incarceration lose their driver’s license and it takes time to reinstatement the license. This would aid in the rehabilitation process.
Bill Progress in Legislature:
02/11/2015: First Reading and referred to the House Committee on Public Safety and Homeland Security (PS&HS).
SB264 - Labor, child labor law enforcement, Sec. 25-8-59 am'd.
Sponsor(s): Senator Livingston
Summary/Synopsis: If the Department of Labor imposes civil penalties for violation of child labor laws, this bill would allow the Department to file an action to collect those penalties in the county in which the violation occurred.
League Action and Justification: Support.
It appears this legislation would improve enforcement of child labor laws.
Bill Progress in Legislature:
02/17/2016: Read for the first time and referred to the Senate Committee on Fiscal Responsibility and Economic Development (FR&ED).
03/03/2016: 2nd Read and placed on the calendar; pending 3rd Read and Favorable from FR&ED
04/26/2016: 3rd Reading Passed; Motion to Read a 3rd Time and Pass adopted by Roll Call
House Action:
04/26/2016: Read for the first time and referred to the House Committee on Judiciary (JUD).
04/28/2016: 2nd Read and placed on the Calendar; pending 3rd Read and Favorable from JUD
05/04/2016: 3rd Reading Passed; Motion to Read a Third Time and Pass adopted Roll Call; Signature Requested;
Senate Action
05/04/2016: Passed 2nd House; Enrolled; Forwarded to Governor on May 4, 2016 at 11:59 p.m. on May 4, 2016
Summary/Synopsis: If the Department of Labor imposes civil penalties for violation of child labor laws, this bill would allow the Department to file an action to collect those penalties in the county in which the violation occurred.
League Action and Justification: Support.
It appears this legislation would improve enforcement of child labor laws.
Bill Progress in Legislature:
02/17/2016: Read for the first time and referred to the Senate Committee on Fiscal Responsibility and Economic Development (FR&ED).
03/03/2016: 2nd Read and placed on the calendar; pending 3rd Read and Favorable from FR&ED
04/26/2016: 3rd Reading Passed; Motion to Read a 3rd Time and Pass adopted by Roll Call
House Action:
04/26/2016: Read for the first time and referred to the House Committee on Judiciary (JUD).
04/28/2016: 2nd Read and placed on the Calendar; pending 3rd Read and Favorable from JUD
05/04/2016: 3rd Reading Passed; Motion to Read a Third Time and Pass adopted Roll Call; Signature Requested;
Senate Action
05/04/2016: Passed 2nd House; Enrolled; Forwarded to Governor on May 4, 2016 at 11:59 p.m. on May 4, 2016
HB288 - Sex offenders, obscene materials containing visual depiction of persons under 17 years, definition of disseminate, further provided for, crime of possession, further provided for, Secs.13A-12-190, 13A-12-192 am'd.
Sponsor(s): Representative Farley
Summary/Synopsis: Prohibits dissemination of obscene materials of persons under the age of 17 even if there is no monetary consideration involved. This includes a prohibition on trading obscene materials.
League Action and Justification: Support -- Further protects minors from sexual exploitation.
Bill Progress in Legislature:
02/24/2016: Read for the first time and referred to the House Committee on Judiciary (JUD).
Summary/Synopsis: Prohibits dissemination of obscene materials of persons under the age of 17 even if there is no monetary consideration involved. This includes a prohibition on trading obscene materials.
League Action and Justification: Support -- Further protects minors from sexual exploitation.
Bill Progress in Legislature:
02/24/2016: Read for the first time and referred to the House Committee on Judiciary (JUD).
HB323 - Sentencing, juvenile offenders convicted of capital offenses and certain other offenses, maximum sentence of life, Secs. 13A-5-2, 13A-5-39, 13A-5-43, 13A-6-2 am'd.
Sponsor(s): Representative Hill
Summary/Synopsis: A defendant who can establish by a preponderance of the evidence that he or she was under the age of 18 at the time of commission of a capital offense may be sentenced to life imprisonment or life imprisonment without parole. The judge shall consider all mitigating circumstances in establishing the sentence. This eliminates the possibility of a death sentence in these circumstances.
League Action and Justification: Support.
This action complies with a recent Supreme Court ruling.
Bill Progress in Legislature:
02/25/2016: Read for the first time and referred to the House Committee on Judiciary (JUD).
03/23/2016: 2nd Read and placed on the calendar; pending 3rd Read and Favorable from Judiciary with 1 Amendment (176188-2); Judiciary first Amendment Offered
NOTE: The amendment specifies that: If sentenced to imprisonment for a capital offense, the offender must serve a minimum of 30 years, day for day, to be eligible for first consideration for parole.
04/26/2016: 3rd Reading Passed; JUD Amendment Offered; Holmes (A) motion to Adjourn lost Roll Call; Motion to Adopt adopted by Roll Call; Hill (J) Amendment (176924-1) Offered; Motion to Adopt adopted Roll Call; Motion to Read a Third Time and Pass adopted Roll Call; Engrossed
Senate Action
04/27/2016: Read for the first time and referred to the Senate Committee on the Judiciary (JUD); Reported from Judiciary as Favorable
NOTE: The Hill Amendment has the Act apply to those currently incarcerated and those convicted in the future.
05/03/3026: 2nd Read and place on the Calendar
05/04/2016: 3rd Reading Passed; Motion to Read a Third Time and Pass adopted Roll Call; Signature Requested
House Action:
05/03/3026: Enrolled; Passed Second House; Delivered to Governor at 3:10 p.m. on May 4, 2016.
Summary/Synopsis: A defendant who can establish by a preponderance of the evidence that he or she was under the age of 18 at the time of commission of a capital offense may be sentenced to life imprisonment or life imprisonment without parole. The judge shall consider all mitigating circumstances in establishing the sentence. This eliminates the possibility of a death sentence in these circumstances.
League Action and Justification: Support.
This action complies with a recent Supreme Court ruling.
Bill Progress in Legislature:
02/25/2016: Read for the first time and referred to the House Committee on Judiciary (JUD).
03/23/2016: 2nd Read and placed on the calendar; pending 3rd Read and Favorable from Judiciary with 1 Amendment (176188-2); Judiciary first Amendment Offered
NOTE: The amendment specifies that: If sentenced to imprisonment for a capital offense, the offender must serve a minimum of 30 years, day for day, to be eligible for first consideration for parole.
04/26/2016: 3rd Reading Passed; JUD Amendment Offered; Holmes (A) motion to Adjourn lost Roll Call; Motion to Adopt adopted by Roll Call; Hill (J) Amendment (176924-1) Offered; Motion to Adopt adopted Roll Call; Motion to Read a Third Time and Pass adopted Roll Call; Engrossed
Senate Action
04/27/2016: Read for the first time and referred to the Senate Committee on the Judiciary (JUD); Reported from Judiciary as Favorable
NOTE: The Hill Amendment has the Act apply to those currently incarcerated and those convicted in the future.
05/03/3026: 2nd Read and place on the Calendar
05/04/2016: 3rd Reading Passed; Motion to Read a Third Time and Pass adopted Roll Call; Signature Requested
House Action:
05/03/3026: Enrolled; Passed Second House; Delivered to Governor at 3:10 p.m. on May 4, 2016.
HB335 - Courts, interpreters for non-English speaking and deaf, juvenile court intake process, protection from abuse proceeding, Secs.12-21-131, 15-1-3 am'd.
Sponsor(s): Representative Williams
Summary/Synopsis: During a protection from abuse proceeding and during the intake process for a juvenile court proceeding, the petitioner, the juvenile or a witness who is either deaf or does not speak and understand English may request an interpreter.
League Action and Justification: Support.
This legislation would provide additional protections in the juvenile court system.
Bill Progress in Legislature:
02/25/2016: Read for the first time and referred to the House Committee on Judiciary (JUD).
03/23/2016: 2nd Read and placed on the calendar; pending 3rd Read and Favorable from Judiciary
04/19/2016; 3rd Reading Passed; Motion to Read a Third Time and Pass adopted Roll Call
Senate Action:
04/19/2016: Read for the first time and referred to the Senate Committee on the Judiciary (JUD).
04/27/2016: 2nd Read and placed on the calendar; pending 3rd Read and Favorable from JUD
05/04/2016: 3rdReading Passed; Motion Read a Third Time and Pass adopted by Roll Call; Signature Requested.
House Action:
05/04/2016: Enrolled; Clerk of the House Certification; Passed 2nd House; Delivered to Governor at 3:10 p.m. on May 4, 2016.
Summary/Synopsis: During a protection from abuse proceeding and during the intake process for a juvenile court proceeding, the petitioner, the juvenile or a witness who is either deaf or does not speak and understand English may request an interpreter.
League Action and Justification: Support.
This legislation would provide additional protections in the juvenile court system.
Bill Progress in Legislature:
02/25/2016: Read for the first time and referred to the House Committee on Judiciary (JUD).
03/23/2016: 2nd Read and placed on the calendar; pending 3rd Read and Favorable from Judiciary
04/19/2016; 3rd Reading Passed; Motion to Read a Third Time and Pass adopted Roll Call
Senate Action:
04/19/2016: Read for the first time and referred to the Senate Committee on the Judiciary (JUD).
04/27/2016: 2nd Read and placed on the calendar; pending 3rd Read and Favorable from JUD
05/04/2016: 3rdReading Passed; Motion Read a Third Time and Pass adopted by Roll Call; Signature Requested.
House Action:
05/04/2016: Enrolled; Clerk of the House Certification; Passed 2nd House; Delivered to Governor at 3:10 p.m. on May 4, 2016.
HB413 - Hate crimes, motivated by victim's sexual orientation, additional penalties imposed, Sec. 13A-5-13 am'd.
Sponsor(s): Representatives Givan and Todd
Summary/Synopsis: Under existing law, additional penalties are imposed against a person if the offense committed is motivated by the victim's race, color, religion, national origin, ethnicity, or physical or mental disability. This bill would provide additional penalties for crimes motivated by the victim's sexual orientation (defined as heterosexuality, homosexuality, or bisexuality) or gender identity or expression.
The bill’s intent is best explained by this quote from it: “The intentional advocacy of unlawful acts by groups or individuals against other persons or groups and bodily injury or death to persons is not constitutionally protected when violence or civil disorder is imminent, and poses a threat to public order and safety, and such conduct should be subjected to criminal sanctions.”
League Action and Justification: Support.
Equal protection under law is a basic tenet of League philosophy.
Bill Progress in Legislature:
03/16/2016: First Reading and referred to the House Committee on Judiciary (JUD).
04/20/2016: 2nd Read and placed on the Calendar; Pending 3rd Read and Favorable from Judiciary (JUD)
04/28/2016: Indefinitely postponed.
Summary/Synopsis: Under existing law, additional penalties are imposed against a person if the offense committed is motivated by the victim's race, color, religion, national origin, ethnicity, or physical or mental disability. This bill would provide additional penalties for crimes motivated by the victim's sexual orientation (defined as heterosexuality, homosexuality, or bisexuality) or gender identity or expression.
The bill’s intent is best explained by this quote from it: “The intentional advocacy of unlawful acts by groups or individuals against other persons or groups and bodily injury or death to persons is not constitutionally protected when violence or civil disorder is imminent, and poses a threat to public order and safety, and such conduct should be subjected to criminal sanctions.”
League Action and Justification: Support.
Equal protection under law is a basic tenet of League philosophy.
Bill Progress in Legislature:
03/16/2016: First Reading and referred to the House Committee on Judiciary (JUD).
04/20/2016: 2nd Read and placed on the Calendar; Pending 3rd Read and Favorable from Judiciary (JUD)
04/28/2016: Indefinitely postponed.
HB427 - Marriage, same-sex, rights provided for
Sponsor(s): Representative Givan
Summary/Synopsis: This bill would specify that a person legally married to another person of the same sex would have the same rights and privileges under state law as any other married person. And, the bill would repeal all existing laws to the contrary.
League Action and Justification: Support
Equal protection under law is a basic tenet of League philosophy.
Bill Progress in Legislature:
03/16/2016: First Reading and referred to the House Committee on Judiciary (JUD).
Summary/Synopsis: This bill would specify that a person legally married to another person of the same sex would have the same rights and privileges under state law as any other married person. And, the bill would repeal all existing laws to the contrary.
League Action and Justification: Support
Equal protection under law is a basic tenet of League philosophy.
Bill Progress in Legislature:
03/16/2016: First Reading and referred to the House Committee on Judiciary (JUD).
HB433 - Human Trafficking Safe Harbor Act, crimes of prostitution, sexually exploited children, conviction or delinquency adjudication of prostitution prohibited under certain conditions, retention of jurisdiction by juvenile court, additional fines, counseling required, detention of foreign nationals under certain conditions, Sec. 13A-12-123 added
Sponsor(s): Representatives Williams, Coleman, Boyd and Bell
Summary/Synopsis: This bill states that children under the age of 18 who engage in prostitution are considered sexually exploited and may not be prosecuted in adult court. Instead they are to be dealt with informally or adjudicated as “in need of supervision” or “dependent” and offered a variety of social support services, including removal from the custody of persons who have exploited them. Non-English speaking foreign nationals who are charged with prostitution may be detained for 72 hours in order to acquaint them with various social services available to them and to attempt to address issues of human trafficking and coercion. Adults who are convicted of supporting child prostitution will have additional fines levied; these fines will go to court-approved social services to assist the exploited children.
League Action and Justification: Support
The national League has a position condemning human trafficking. This bill attempts to address the most egregious instances of it in Alabama: that of child prostitution.
Bill Progress in Legislature:
03/17/2016: First Reading and referred to the House Committee on Public Safety and Homeland Security (PS&HS).
03/23/2016: 2nd Read and placed on the calendar; pending 3rd Read and Favorable from Public Safety and Homeland Security
04/07/2016: 3rd Reading Passed: William (JD) Amendment Offered (176733-1); Motion to Adopt adopted Roll Call; Motion to Read a Third Time and Pass adopted by Roll Call; Cosponsors added; Engrossed
Note: the amendment changed the first offense from a class D to a class A misdemeanor.
Senate Action:
04/13/2016: Read for the first time and referred to the Senate Committee on the Judiciary (JUD).
04/20/2016: 2nd Read and placed on the Calendar; Pending 3rd Read and Favorable from Judiciary (JUD)
05/03/2016: 3rd Reading Passed; Motion to Read a Third Time an Pass adopted by Roll Call; Signature Requested
House Action
05/03/2016: Passed 2nd House; Enrolled; Clerk of the House Certification; Delivered to Governor at 11:00 a.m. on May 4, 2016.
Summary/Synopsis: This bill states that children under the age of 18 who engage in prostitution are considered sexually exploited and may not be prosecuted in adult court. Instead they are to be dealt with informally or adjudicated as “in need of supervision” or “dependent” and offered a variety of social support services, including removal from the custody of persons who have exploited them. Non-English speaking foreign nationals who are charged with prostitution may be detained for 72 hours in order to acquaint them with various social services available to them and to attempt to address issues of human trafficking and coercion. Adults who are convicted of supporting child prostitution will have additional fines levied; these fines will go to court-approved social services to assist the exploited children.
League Action and Justification: Support
The national League has a position condemning human trafficking. This bill attempts to address the most egregious instances of it in Alabama: that of child prostitution.
Bill Progress in Legislature:
03/17/2016: First Reading and referred to the House Committee on Public Safety and Homeland Security (PS&HS).
03/23/2016: 2nd Read and placed on the calendar; pending 3rd Read and Favorable from Public Safety and Homeland Security
04/07/2016: 3rd Reading Passed: William (JD) Amendment Offered (176733-1); Motion to Adopt adopted Roll Call; Motion to Read a Third Time and Pass adopted by Roll Call; Cosponsors added; Engrossed
Note: the amendment changed the first offense from a class D to a class A misdemeanor.
Senate Action:
04/13/2016: Read for the first time and referred to the Senate Committee on the Judiciary (JUD).
04/20/2016: 2nd Read and placed on the Calendar; Pending 3rd Read and Favorable from Judiciary (JUD)
05/03/2016: 3rd Reading Passed; Motion to Read a Third Time an Pass adopted by Roll Call; Signature Requested
House Action
05/03/2016: Passed 2nd House; Enrolled; Clerk of the House Certification; Delivered to Governor at 11:00 a.m. on May 4, 2016.
HB440 - Juvenile court, transfer to circuit or district court, levying to review transfer required, remand of case to juvenile court under certain conditions, release from confinement, Secs. 12-15-203, 12-15-204 am'd.
Sponsor(s): Representative J. Hill
Summary/Synopsis:
Under existing law, a case in which a child 14 years of age or more is alleged to have committed an act that would constitute a criminal offense if committed by an adult may be transferred from juvenile court to circuit court under certain conditions.
This bill would require the juvenile court clerk to forward to the circuit or district court all papers connected with the case within a specified time, would require the circuit or district court, within a specified time, to examine all orders, papers, reports, and studies and would require for reversion of the case to the juvenile court under certain conditions.
Also 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 felonies specified in the bill, and certain lesser included offenses.
League Action and Justification: Oppose
League positively supports the attempt to create a common set of criteria for all courts within the state to follow and the outlining of an appeal process.
However, national and state League positions run counter to bill content. Two state examples are: “The League recognizes the need to deal with the special problems of the juvenile offender by the development of programs and policies designed to aid in rehabilitation and prevention of further delinquency.” And, LWVAL believes the purpose of the juvenile court is reform and that a standard maximum age for all juveniles should be 18. Because the purpose of the criminal justice system for juveniles is "reform,” children should kept in juvenile court.
Many people don't realize that juvenile court can allow more restrictions than adult court (e.g., children can be picked up and detained immediately when adults have "due process" rights that can prohibit this). Also, it appears this bill does not exempt 14-year-olds who are trafficked and who may kill or attack their abusers from being so adjudicated.
Bill Progress in Legislature:
03/17/2016: Read for the first time and referred to the House Committee on Judiciary (JUD).
04/13/2016: 2nd Read and placed on the calendar with 1 substitute (176823-2); pending 3rd Read and Favorable from JUD; Judiciary first Substitute Offered
04/28/2016: Indefinitely postponed.
Note: The substitute synopsis states: “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 require a circuit or district court to dismiss all cases against 16- or 17-year-old defendants if no indictment is returned for any of the predicate offenses and would provide for the refiling of the cases in juvenile court under certain conditions.”
Summary/Synopsis:
Under existing law, a case in which a child 14 years of age or more is alleged to have committed an act that would constitute a criminal offense if committed by an adult may be transferred from juvenile court to circuit court under certain conditions.
This bill would require the juvenile court clerk to forward to the circuit or district court all papers connected with the case within a specified time, would require the circuit or district court, within a specified time, to examine all orders, papers, reports, and studies and would require for reversion of the case to the juvenile court under certain conditions.
Also 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 felonies specified in the bill, and certain lesser included offenses.
League Action and Justification: Oppose
League positively supports the attempt to create a common set of criteria for all courts within the state to follow and the outlining of an appeal process.
However, national and state League positions run counter to bill content. Two state examples are: “The League recognizes the need to deal with the special problems of the juvenile offender by the development of programs and policies designed to aid in rehabilitation and prevention of further delinquency.” And, LWVAL believes the purpose of the juvenile court is reform and that a standard maximum age for all juveniles should be 18. Because the purpose of the criminal justice system for juveniles is "reform,” children should kept in juvenile court.
Many people don't realize that juvenile court can allow more restrictions than adult court (e.g., children can be picked up and detained immediately when adults have "due process" rights that can prohibit this). Also, it appears this bill does not exempt 14-year-olds who are trafficked and who may kill or attack their abusers from being so adjudicated.
Bill Progress in Legislature:
03/17/2016: Read for the first time and referred to the House Committee on Judiciary (JUD).
04/13/2016: 2nd Read and placed on the calendar with 1 substitute (176823-2); pending 3rd Read and Favorable from JUD; Judiciary first Substitute Offered
04/28/2016: Indefinitely postponed.
Note: The substitute synopsis states: “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 require a circuit or district court to dismiss all cases against 16- or 17-year-old defendants if no indictment is returned for any of the predicate offenses and would provide for the refiling of the cases in juvenile court under certain conditions.”
HB485 - Juveniles, court proceedings, restraints prohibited unless certain conditions met
Sponsor(s): Representative Coleman
Summary/Synopsis: This bill would prohibit the use of restraints such as handcuffs, chains, irons, or straitjackets on a juvenile during a court proceeding unless the restraints are necessary to prevent the juvenile from physically harming himself or herself or another person, are necessary to prevent disruptive behavior, or the juvenile poses a substantial flight risk. A judge would have to make a find of fact before ordering restraints.
League Action and Justification: Support
These actions are in the best interest of the juvenile’s welfare.
Bill Progress in Legislature:
04/05/2016: Read for the first time and referred to the House Committee on Judiciary (JUD).
Summary/Synopsis: This bill would prohibit the use of restraints such as handcuffs, chains, irons, or straitjackets on a juvenile during a court proceeding unless the restraints are necessary to prevent the juvenile from physically harming himself or herself or another person, are necessary to prevent disruptive behavior, or the juvenile poses a substantial flight risk. A judge would have to make a find of fact before ordering restraints.
League Action and Justification: Support
These actions are in the best interest of the juvenile’s welfare.
Bill Progress in Legislature:
04/05/2016: Read for the first time and referred to the House Committee on Judiciary (JUD).
HB486 - Death penalty, moratorium on imposition and execution not to exceed three years, procedure for administering
Sponsor(s): Representative Coleman
Summary/Synopsis: This bill would place a moratorium on the death penalty for a period of three years until certain procedures are implemented to ensure that death penalty cases are administered fairly and impartially.
League Action and Justification: Support
In 2006, LWVUS adopted a position supporting abolition of the death penalty.
Bill Progress in Legislature:
04/05/2016: Read for the first time and referred to the House Committee on Judiciary (JUD).
Summary/Synopsis: This bill would place a moratorium on the death penalty for a period of three years until certain procedures are implemented to ensure that death penalty cases are administered fairly and impartially.
League Action and Justification: Support
In 2006, LWVUS adopted a position supporting abolition of the death penalty.
Bill Progress in Legislature:
04/05/2016: Read for the first time and referred to the House Committee on Judiciary (JUD).
HB487 - Assault in the third degree, if assault is committed by a person 21 years of age or older against a person who is less than 18 years of age on school property, school bus, or at a school-sponsored function, penalties increased, Sec. 13A-6-22 am'd.
Sponsor(s): Representative Coleman
Summary/Synopsis: This would increase the penalties if a person over the age of 21 assaults a person under the age of 18 on school grounds.
League Action and Justification: Support
These actions are in the best interest of the welfare and safety of the juveniles at the school.
Bill Progress in Legislature:
04/05/2016: Read for the first time and referred to the House Committee on Judiciary (JUD).
Summary/Synopsis: This would increase the penalties if a person over the age of 21 assaults a person under the age of 18 on school grounds.
League Action and Justification: Support
These actions are in the best interest of the welfare and safety of the juveniles at the school.
Bill Progress in Legislature:
04/05/2016: Read for the first time and referred to the House Committee on Judiciary (JUD).
LWVAL is monitoring these bills:
HB8/SB23 - Child abuse, crimes and offenses, aggravated child abuse of a child under age of six, penalties, Sec. 26-15-3.2 added
Sponsor(s):
HB 8: Representative Beckman
SB 23: Senator Chambliss
Summary/Synopsis: These identical bills create a new Class A felony for abuse of a child under the age of 6.
League Action and Justification: Monitor. League positions include protecting children from abuse.
Bill Progress in Legislature:
HB 8
02/02/2016: Scheduled for first read and assignment to the House Committee on the Judiciary (JUD).
02/17/2016: Read for the second time and placed on the calendar with 1 substitute (173743-2) and Favorable from JUD; JUD 1st Substitute offered
02/23/2016: 3rd Reading Open; JUD 1st Substitute (173743-2) Offered; Motion to Adopt adopted by Roll Call; Beckman motion to Substitute SB23 for HB8
SB 23
02/02/2016: Scheduled for first read and assignment to the Senate Committee on the Judiciary (JUD).
02/03/2016: Read for the 2nd time and placed on the calendar with 1 amendment (173348-3) which names the bill Winston’s Law and corrects a code section number; pending 3rd read and Favorable from JUD. With 1 amendment.
02/09/2016: 3rd Reading Carried Over to Call of the Chair; Judiciary Amendment (173348-3) offered; Chambliss motion to Table adopted Voice Vote; Chambliss Amendment Offered (17313-1); Motion to Adopt adopted by Roll Call; Chambliss motion to Carry Over to the Call of the Chair adopted Voice Vote; 3rd Reading Passed; Chambliss Amendment Offered (173735-1). Chambliss motion to Adopt adopted by Roll Call ; 02/09/2016: Motion to Read a Third Time and Pass adopted by Roll Call ; Engrossed
House Action:
02/09/2016: Read for the first time and referred to the House Committee on Judiciary (JUD).
02/17/2016: Read for the second time and placed on the calendar; Pending third reading on day 7 Favorable from Judiciary
02/23/2016: 3rd Reading passed; Motion to Read a Third Time and Pass adopted by Roll Call; Passed 2nd House; Enrolled; 3rd Reading passed; Motion to Read a Third Time and Pass adopted by Roll Call
Senate Action:
02/23/2015: Passed 2nd house; Enrolled; Assigned Act No. 2016-43
Summary/Synopsis: These identical bills create a new Class A felony for abuse of a child under the age of 6.
League Action and Justification: Monitor. League positions include protecting children from abuse.
Bill Progress in Legislature:
HB 8
02/02/2016: Scheduled for first read and assignment to the House Committee on the Judiciary (JUD).
02/17/2016: Read for the second time and placed on the calendar with 1 substitute (173743-2) and Favorable from JUD; JUD 1st Substitute offered
02/23/2016: 3rd Reading Open; JUD 1st Substitute (173743-2) Offered; Motion to Adopt adopted by Roll Call; Beckman motion to Substitute SB23 for HB8
SB 23
02/02/2016: Scheduled for first read and assignment to the Senate Committee on the Judiciary (JUD).
02/03/2016: Read for the 2nd time and placed on the calendar with 1 amendment (173348-3) which names the bill Winston’s Law and corrects a code section number; pending 3rd read and Favorable from JUD. With 1 amendment.
02/09/2016: 3rd Reading Carried Over to Call of the Chair; Judiciary Amendment (173348-3) offered; Chambliss motion to Table adopted Voice Vote; Chambliss Amendment Offered (17313-1); Motion to Adopt adopted by Roll Call; Chambliss motion to Carry Over to the Call of the Chair adopted Voice Vote; 3rd Reading Passed; Chambliss Amendment Offered (173735-1). Chambliss motion to Adopt adopted by Roll Call ; 02/09/2016: Motion to Read a Third Time and Pass adopted by Roll Call ; Engrossed
House Action:
02/09/2016: Read for the first time and referred to the House Committee on Judiciary (JUD).
02/17/2016: Read for the second time and placed on the calendar; Pending third reading on day 7 Favorable from Judiciary
02/23/2016: 3rd Reading passed; Motion to Read a Third Time and Pass adopted by Roll Call; Passed 2nd House; Enrolled; 3rd Reading passed; Motion to Read a Third Time and Pass adopted by Roll Call
Senate Action:
02/23/2015: Passed 2nd house; Enrolled; Assigned Act No. 2016-43
SB 22 - Murder, aggravated child abuse resulting in death of child, commission or attempt constitutes murder, Sec. 13A-6-2 am'd.
Sponsor(s): Senator Whatley
Summary/Synopsis: This bill would provide that a person commits the crime of murder if he or she commits or attempts to commit aggravated child abuse and he or she causes the death of another person during the commission or attempt.
League Action and Justification: Monitor.
League positions include protecting children from abuse.
Bill Progress in Legislature:
02/02/2015: Scheduled for first read and assignment to the Senate Committee on the Judiciary (JUD).
02/03/2016: Read for the 2nd time and placed on the calendar; pending 3rd read and Favorable from JUD.
02/09/2016: 3rd Reading Passed; Whatley Amendment (173650-1) Offered; Whatley motion to Adopt adopted by Roll Call; Motion to Read a 3rd Time and Pass adopted by Roll Call; Engrossed
02/23/2016: Passed 2nd House; Enrolled; Forwarded to Governor on February 23, 2016 at 3:51
House Action:
02/09/2016: Read for the first time and referred to the House Committee on Judiciary (JUD).
02/17/2016: 2ND Read and placed on Calendar; pending 3rd Read and Favorable from JUD
02/23/2016: 3rd Reading Passed; Motion to Read a 3rd Time and Pass adopted by Roll Call; Signature Requested
02/25/2016: Third Reading Passed; Motion to Read a Third Time and Pass adopted Roll Call; Signature Requested
Senate Action:
02/25/2016: Passed 2nd house; Enrolled; Assigned Act No. 2016-29
Summary/Synopsis: This bill would provide that a person commits the crime of murder if he or she commits or attempts to commit aggravated child abuse and he or she causes the death of another person during the commission or attempt.
League Action and Justification: Monitor.
League positions include protecting children from abuse.
Bill Progress in Legislature:
02/02/2015: Scheduled for first read and assignment to the Senate Committee on the Judiciary (JUD).
02/03/2016: Read for the 2nd time and placed on the calendar; pending 3rd read and Favorable from JUD.
02/09/2016: 3rd Reading Passed; Whatley Amendment (173650-1) Offered; Whatley motion to Adopt adopted by Roll Call; Motion to Read a 3rd Time and Pass adopted by Roll Call; Engrossed
02/23/2016: Passed 2nd House; Enrolled; Forwarded to Governor on February 23, 2016 at 3:51
House Action:
02/09/2016: Read for the first time and referred to the House Committee on Judiciary (JUD).
02/17/2016: 2ND Read and placed on Calendar; pending 3rd Read and Favorable from JUD
02/23/2016: 3rd Reading Passed; Motion to Read a 3rd Time and Pass adopted by Roll Call; Signature Requested
02/25/2016: Third Reading Passed; Motion to Read a Third Time and Pass adopted Roll Call; Signature Requested
Senate Action:
02/25/2016: Passed 2nd house; Enrolled; Assigned Act No. 2016-29
SB 1 - Children, parental rights, termination proceeding, presence of methamphetamine or drugs, Department of Human Resources not required to show reasonable efforts to reserve relationships, Sec. 12-15-312 am'd.
Sponsor(s): Senator Bussman
Summary/Synopsis: This bill would eliminate the requirement that the state make reasonable efforts to preserve the family prior to terminating parental rights if the child has been in the presence of a methamphetamine laboratory or a location where illegal drugs are stored, kept, packaged, diluted, or manufactured.
League Action and Justification: Monitor.
League positions include protecting children from abuse.
Bill Progress in Legislature:
02/02/2016: Scheduled for first read and assignment to the Senate Committee on Health and Human Services (HLTH).
Summary/Synopsis: This bill would eliminate the requirement that the state make reasonable efforts to preserve the family prior to terminating parental rights if the child has been in the presence of a methamphetamine laboratory or a location where illegal drugs are stored, kept, packaged, diluted, or manufactured.
League Action and Justification: Monitor.
League positions include protecting children from abuse.
Bill Progress in Legislature:
02/02/2016: Scheduled for first read and assignment to the Senate Committee on Health and Human Services (HLTH).
SB 108 - Youthful offenders, change threshold age, give judge discretion to consider past youthful offender status, to expunge record of, Secs. 15-19-1, 15-19-7 am'd.
Sponsor(s): Senator Whatley
Summary/Synopsis: This changes the upper age limit for granting youthful offender status from 19 to 23, or 25 if the person is a full-time student. At the discretion of the court, youthful offender records shall be expunged at the end of any sentence or probation period.
League Action and Justification: Monitor.
We have no position on youthful offender status; however, we do support sentencing reform.
Bill Progress in Legislature: Pending committee action in house of origin
02/03/2016: First Read and referred to the Senate Committee on the Judiciary (Judy).
02/17/2016: 2nd Read and placed on the Calendar with 1 Amendment (174258-1); pending 3rd Read and Favorable from JUD; JUD 1st Amendment Offered
03/15/2016: JUD 1st Amendment Offered; Whatley motion to Table adopted by Voice Voter; Coleman-Madison Amendment (175798-1) Offered; Coleman-Madison motion to Adopt adopted by Roll Call; Motion to Read a Third Time and Pass Lost on Roll Call Vote;
Summary/Synopsis: This changes the upper age limit for granting youthful offender status from 19 to 23, or 25 if the person is a full-time student. At the discretion of the court, youthful offender records shall be expunged at the end of any sentence or probation period.
League Action and Justification: Monitor.
We have no position on youthful offender status; however, we do support sentencing reform.
Bill Progress in Legislature: Pending committee action in house of origin
02/03/2016: First Read and referred to the Senate Committee on the Judiciary (Judy).
02/17/2016: 2nd Read and placed on the Calendar with 1 Amendment (174258-1); pending 3rd Read and Favorable from JUD; JUD 1st Amendment Offered
03/15/2016: JUD 1st Amendment Offered; Whatley motion to Table adopted by Voice Voter; Coleman-Madison Amendment (175798-1) Offered; Coleman-Madison motion to Adopt adopted by Roll Call; Motion to Read a Third Time and Pass Lost on Roll Call Vote;
HB338 - Domestic violence, increased incarceration periods and enhanced penalties for convictions of first, second, or third degree domestic violence if committed in the presence of a minor, capital offense expanded to include murder of a parent or guardian in the presence of a child, Secs. 13A-5-40, 13A-6-130, 13A-6-131, 13A-6-132 am'd.
Sponsor(s): Representatives Pettus, Rowe, Harper, Weaver, Hill (M), Johnson (K), Henry, Collins, Nordgren, Patterson, Greer, Boothe, Lee, Ledbetter, Whorton (R) and McCutcheon
Summary/Synopsis: Under existing law, certain periods of incarceration are required for persons convicted of first, second, or third degree domestic violence. This bill would double the incarceration periods for convictions of first or second degree domestic violence if a child under the age of 18 years witnessed the domestic violence and would provide increased incarceration periods for a first conviction of third degree domestic violence if a child under the age of 18 years witnessed the domestic violence and enhanced penalties for second, third, or subsequent convictions of third degree domestic violence if a child witnessed the domestic violence.
Also under existing law, a person who commits a capital offense may be sentenced to death or life without parole. This bill would include as a capital offense murder by the defendant that is witnessed by a child under the age of 18 years, if the victim was the parent or legal guardian of the child.
League Action and Justification: Monitor
Bill Progress in Legislature:
02/25/2016: First Reading and referred to the House Committee on Judiciary (JUD).
04/28/2016: Indefinitely postponed.
Summary/Synopsis: Under existing law, certain periods of incarceration are required for persons convicted of first, second, or third degree domestic violence. This bill would double the incarceration periods for convictions of first or second degree domestic violence if a child under the age of 18 years witnessed the domestic violence and would provide increased incarceration periods for a first conviction of third degree domestic violence if a child under the age of 18 years witnessed the domestic violence and enhanced penalties for second, third, or subsequent convictions of third degree domestic violence if a child witnessed the domestic violence.
Also under existing law, a person who commits a capital offense may be sentenced to death or life without parole. This bill would include as a capital offense murder by the defendant that is witnessed by a child under the age of 18 years, if the victim was the parent or legal guardian of the child.
League Action and Justification: Monitor
Bill Progress in Legislature:
02/25/2016: First Reading and referred to the House Committee on Judiciary (JUD).
04/28/2016: Indefinitely postponed.
HB446 - Prison reform, periods of confinement for parole and probation violations clarified, mandatory release dates required, identification of alternative community corrections programs clarified, services for veterans, legislative committee reporting requirement extended, Secs. 12-25-32, 12-25-34, 13A-4-1, 13A-4-2, 13A-4-3, 13A-5-6, 13A-5-8.1, 13A-8-4.1, 13A-8-8.1, 13A-8-10.25, 13A-8-18.1, 15-18-8, 15-18-172, 15-22-26.2, 15-22-29, 15-22-29.1, 15-22-32, 15-22-52, 15-22-54, 29-2-20 am'd.
Sponsor(s): Representative Jones
Summary/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 15 2015-185).
This complex bill seeks to further clarify certain provisions of Act 2015-185, 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.
The 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 services in the third degree, and receiving stolen property in the third degree.
This bill would also modify the criminal penalties for criminal solicitation, attempt, and criminal conspiracy for consistency with Class D felony offenses.
This bill would further clarify that the Board of Pardons and Paroles may impose periods of confinement of two to three twenty-four hour periods and would indicate that judges may impose periods of confinement of two to three twenty-four hour periods for violations.
This bill would clarify that the Department of Corrections is responsible for the release of defendants sentenced to certain periods of confinement and would remove release ranges to provide for a mandatory release date.
This bill would clarify the phrase "consenting community corrections programs" for Class D felony offenses, and would specify that the Department of Veterans Affairs is the responsible agency for identifying referral and other services to veterans, including any operating Veterans Treatment Courts.
This bill would also extend the current reporting deadline of April 20, 2016, of the legislative committee assisting the Legislative Prison Joint Task Force to April 20, 2017.
League Action and Justification: Monitor for member and public information.
Bill Progress in Legislature:
03/17/2016: Read for the first time and referred to the House Committee on Judiciary (JUD).
Summary/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 15 2015-185).
This complex bill seeks to further clarify certain provisions of Act 2015-185, 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.
The 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 services in the third degree, and receiving stolen property in the third degree.
This bill would also modify the criminal penalties for criminal solicitation, attempt, and criminal conspiracy for consistency with Class D felony offenses.
This bill would further clarify that the Board of Pardons and Paroles may impose periods of confinement of two to three twenty-four hour periods and would indicate that judges may impose periods of confinement of two to three twenty-four hour periods for violations.
This bill would clarify that the Department of Corrections is responsible for the release of defendants sentenced to certain periods of confinement and would remove release ranges to provide for a mandatory release date.
This bill would clarify the phrase "consenting community corrections programs" for Class D felony offenses, and would specify that the Department of Veterans Affairs is the responsible agency for identifying referral and other services to veterans, including any operating Veterans Treatment Courts.
This bill would also extend the current reporting deadline of April 20, 2016, of the legislative committee assisting the Legislative Prison Joint Task Force to April 20, 2017.
League Action and Justification: Monitor for member and public information.
Bill Progress in Legislature:
03/17/2016: Read for the first time and referred to the House Committee on Judiciary (JUD).
HB458/SB430 - Domestic violence, protection orders, definitions clarified, notice of hearing and service of process requirements clarified, fines and penalties for violations clarified, Sec. 13A-6-139.1 repealed; Secs. 13A-6-130, 13A-6-131, 13A-6-132, 13A-6-134, 13A-6-138, 13A-6-142, 15-10-3, 15-13-190, 15-23-68, 30-5-2, 30-5-3, 30-5-5, 30-5-8 am'd.
HB458 Sponsor(s): Representative Rowe
SB430 Sponsor(s): Senator Scofield
Summary/Synopsis: This is a very involved bill, providing clarification of many of the terms used in various domestic violence (DV) statutes in Alabama. At least two items are troubling. An arrest for DV may be made when there is "probable cause" to believe there has been a violation. This is a change from "reasonable cause" in the existing statute. Probable cause is a higher standard than reasonable cause. Also, a cut-off of holding for 48 hours before bail is set has been added.
League Action and Justification: We are monitoring the bill for movement.
League has a position against DV, and this bill as written may expose the victim to greater threat. Given positive reforms initiated in the previous session, it is likely not to move, but League will keep a watchful eye on the bill.
Bill Progress in Legislature:
HB458
03/22/2016: First Reading and referred to the House Committee on Judiciary (JUD).
04/07/2016: 2nd Read and placed on the calendar with 1 Amendment (176700-1); JUD 1st Amendment Offered; Pending 3rd Read and Favorable from JUD with 1 amendment
04/28/2016: Indefinitely postponed.
SB430
04/16/2016: First Reading and referred to the House Committee on Judiciary (JUD).
SB430 Sponsor(s): Senator Scofield
Summary/Synopsis: This is a very involved bill, providing clarification of many of the terms used in various domestic violence (DV) statutes in Alabama. At least two items are troubling. An arrest for DV may be made when there is "probable cause" to believe there has been a violation. This is a change from "reasonable cause" in the existing statute. Probable cause is a higher standard than reasonable cause. Also, a cut-off of holding for 48 hours before bail is set has been added.
League Action and Justification: We are monitoring the bill for movement.
League has a position against DV, and this bill as written may expose the victim to greater threat. Given positive reforms initiated in the previous session, it is likely not to move, but League will keep a watchful eye on the bill.
Bill Progress in Legislature:
HB458
03/22/2016: First Reading and referred to the House Committee on Judiciary (JUD).
04/07/2016: 2nd Read and placed on the calendar with 1 Amendment (176700-1); JUD 1st Amendment Offered; Pending 3rd Read and Favorable from JUD with 1 amendment
04/28/2016: Indefinitely postponed.
SB430
04/16/2016: First Reading and referred to the House Committee on Judiciary (JUD).
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