Alabama 2022 Regular Session

Alabama House Bill HB105 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1 HB105
2		-	2 215018-6
	2	+	2 215018-3
3	3		3 By Representatives Gaston, Drummond, McClammy, Hall,
4	4		4 Ledbetter, Marques, Ingram, Sanderford, Stadthagen, Bedsole,
5	5		5 Robbins, Givan, Pettus, Howard, Shiver, Faust, Coleman, Hurst,
6	6		6 Holmes, Warren, Hollis, McCutcheon, Stringer and Standridge
7	7		7 RFD: Judiciary
8	8		8 First Read: 11-JAN-22
9	9
10		-	Page 0 HB105
11		-	1
12		-	2 ENROLLED, An Act,
13		-	3 Relating to abuse; to amend Section 38-9-8, Code of
14		-	4 Alabama 1975; to establish a registry for individuals
15		-	5 convicted of certain crimes or found to have committed certain
16		-	6 acts of abuse against certain individuals; to require certain
17		-	7 care providers to query the registry for employees and
18		-	8 prospective employees; to require the Department of Human
19		-	9 Resources to adopt rules; to establish criminal penalties; and
20		-	10 in connection therewith to have as its purpose or effect the
21		-	11 requirement of a new or increased expenditure of local funds
22		-	12 within the meaning of Amendment 621 of the Constitution of
23		-	13 Alabama of 1901, as amended by Amendment 890, now appearing as
24		-	14 Section 111.05 of the Official Recompilation of the
25		-	15 Constitution of Alabama of 1901, as amended.
26		-	16 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
27		-	17 Section 1. This act shall be known and may be cited
28		-	18 as "Shirley's Law."
29		-	19 Section 2. Section 38-9-8, Code of Alabama 1975, is
30		-	20 amended to read as follows:
31		-	21 "§38-9-8.
32		-	22 "(a) All physicians and other practitioners of the
33		-	23 healing arts or any caregiver having reasonable cause to
34		-	24 believe that any protected person has been subjected to
35		-	25 physical abuse, neglect, exploitation, sexual abuse, or
36		-	Page 1 HB105
37		-	1 emotional abuse shall report or cause a report to be made as
38		-	2 follows:
39		-	3 "(1) An oral report, by telephone or otherwise,
40		-	4 shall be made immediately, followed by a written report, to
41		-	5 the county department of human resources or to the chief of
42		-	6 police of the city or city and county, or to the sheriff of
43		-	7 the county if the observation is made in an unincorporated
44		-	8 territory, except that reports of a nursing home employee who
45		-	9 abuses, neglects, or misappropriates the property of a nursing
46		-	10 home resident shall be made to the Department of Public
47		-	11 Health. The requirements to report suspicion of suspected
48		-	12 abuse, neglect, or misappropriation of property of a nursing
49		-	13 home resident by an employee of a nursing home shall be deemed
50		-	14 satisfied if the report is made in accordance with the rules
51		-	15 of the State Board of Health.
52		-	16 "(2) Within seven days following an oral report, an
53		-	17 investigation of any alleged abuse, neglect, exploitation,
54		-	18 sexual abuse, or emotional abuse shall be made by the county
55		-	19 department of human resources or the law enforcement official,
56		-	20 whichever receives the report, and a written report prepared
57		-	21 which includes the following:
58		-	22 "a. Name, age, and address of the person.
59		-	23 "b. Nature and extent of injury suffered by the
60		-	24 person.
61		-	Page 2 HB105
62		-	1 "c. Any other facts or circumstances known to the
63		-	2 reporter which may aid in the determination of appropriate
64		-	3 action.
65		-	4 "(b) All reports prepared by a law enforcement
66		-	5 official shall be forwarded to the county department of human
67		-	6 resources within 24 hours.
68		-	7 "(c) The county department of human resources shall
69		-	8 not be required to investigate any report of abuse, neglect,
70		-	9 exploitation, sexual abuse, or emotional abuse that occurs in
71		-	10 any facility owned and operated by the Alabama Department of
72		-	11 Corrections or the Alabama Department of Mental Health.
73		-	12 "(d) Notwithstanding the foregoing, the Department
74		-	13 of Public Health shall investigate all reports that a nursing
75		-	14 home employee has abused or neglected a nursing home resident,
76		-	15 or misappropriated the property of a nursing home resident, in
77		-	16 accordance with the rules of the State Board of Health and the
78		-	17 federal regulations and guidelines of the Medicaid and
79		-	18 Medicare programs. The Department of Public Health shall
80		-	19 investigate the complaints in accordance with the procedures
81		-	20 and time frames established by the agency. A county department
82		-	21 of human resources shall not be required to investigate the
83		-	22 complaints.
84		-	23 "(e) An individual required to make a report
85		-	24 pursuant to subsection (a) who knowingly fails to make a
86		-	25 report shall be guilty of a Class C misdemeanor."
87		-	Page 3 HB105
88		-	1 Section 3. For the purposes of Sections 2 through 6
89		-	2 3 through 7, the following terms have the following meanings:
	10	+	Page 0 1 ENGROSSED
	11	+	2
	12	+	3
	13	+	4 A BILL
	14	+	5 TO BE ENTITLED
	15	+	6 AN ACT
	16	+	7
	17	+	8 Relating to abuse; to amend Section 38-9-8, Code of
	18	+	9 Alabama 1975; to establish a registry for individuals
	19	+	10 convicted of certain crimes or found to have committed certain
	20	+	11 acts of abuse against certain individuals; to require certain
	21	+	12 care providers to query the registry for employees and
	22	+	13 prospective employees; to require the Department of Human
	23	+	14 Resources to adopt rules; to establish criminal penalties; and
	24	+	15 in connection therewith to have as its purpose or effect the
	25	+	16 requirement of a new or increased expenditure of local funds
	26	+	17 within the meaning of Amendment 621 of the Constitution of
	27	+	18 Alabama of 1901, as amended by Amendment 890, now appearing as
	28	+	19 Section 111.05 of the Official Recompilation of the
	29	+	20 Constitution of Alabama of 1901, as amended.
	30	+	21 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
	31	+	22 Section 1. This act shall be known and may be cited
	32	+	23 as "Shirley's Law."
	33	+	24 Section 2. Section 38-9-8, Code of Alabama 1975, is
	34	+	25 amended to read as follows:
	35	+	26 "§38-9-8.
	36	+	Page 1 1 "(a) All physicians and other practitioners of the
	37	+	2 healing arts or any caregiver having reasonable cause to
	38	+	3 believe that any protected person has been subjected to
	39	+	4 physical abuse, neglect, exploitation, sexual abuse, or
	40	+	5 emotional abuse shall report or cause a report to be made as
	41	+	6 follows:
	42	+	7 "(1) An oral report, by telephone or otherwise,
	43	+	8 shall be made immediately, followed by a written report, to
	44	+	9 the county department of human resources or to the chief of
	45	+	10 police of the city or city and county, or to the sheriff of
	46	+	11 the county if the observation is made in an unincorporated
	47	+	12 territory, except that reports of a nursing home employee who
	48	+	13 abuses, neglects, or misappropriates the property of a nursing
	49	+	14 home resident shall be made to the Department of Public
	50	+	15 Health. The requirements to report suspicion of suspected
	51	+	16 abuse, neglect, or misappropriation of property of a nursing
	52	+	17 home resident by an employee of a nursing home shall be deemed
	53	+	18 satisfied if the report is made in accordance with the rules
	54	+	19 of the State Board of Health.
	55	+	20 "(2) Within seven days following an oral report, an
	56	+	21 investigation of any alleged abuse, neglect, exploitation,
	57	+	22 sexual abuse, or emotional abuse shall be made by the county
	58	+	23 department of human resources or the law enforcement official,
	59	+	24 whichever receives the report, and a written report prepared
	60	+	25 which includes the following:
	61	+	26 "a. Name, age, and address of the person.
	62	+	Page 2 1 "b. Nature and extent of injury suffered by the
	63	+	2 person.
	64	+	3 "c. Any other facts or circumstances known to the
	65	+	4 reporter which may aid in the determination of appropriate
	66	+	5 action.
	67	+	6 "(b) All reports prepared by a law enforcement
	68	+	7 official shall be forwarded to the county department of human
	69	+	8 resources within 24 hours.
	70	+	9 "(c) The county department of human resources shall
	71	+	10 not be required to investigate any report of abuse, neglect,
	72	+	11 exploitation, sexual abuse, or emotional abuse that occurs in
	73	+	12 any facility owned and operated by the Alabama Department of
	74	+	13 Corrections or the Alabama Department of Mental Health.
	75	+	14 "(d) Notwithstanding the foregoing, the Department
	76	+	15 of Public Health shall investigate all reports that a nursing
	77	+	16 home employee has abused or neglected a nursing home resident,
	78	+	17 or misappropriated the property of a nursing home resident, in
	79	+	18 accordance with the rules of the State Board of Health and the
	80	+	19 federal regulations and guidelines of the Medicaid and
	81	+	20 Medicare programs. The Department of Public Health shall
	82	+	21 investigate the complaints in accordance with the procedures
	83	+	22 and time frames established by the agency. A county department
	84	+	23 of human resources shall not be required to investigate the
	85	+	24 complaints.
	86	+	25 "(e) An individual required to make a report
	87	+	26 pursuant to subsection (a) who knowingly fails to make a
	88	+	27 report shall be guilty of a Class C misdemeanor."
	89	+	Page 3 1 Section 3. For the purposes of Sections 2 through 6,
	90	+	2 the following terms have the following meanings:
90	91		3 (1) ABUSE. The same meaning as in Section 38-9-2,
91	92		4 Code of Alabama 1975.
92	93		5 (2) ADULT IN NEED OF PROTECTIVE SERVICES. The same
93	94		6 meaning as in Section 38-9-2, Code of Alabama 1975.
94	95		7 (3) ELDER ABUSE. The same meaning as in Section
95	96		8 38-9F-3, Code of Alabama 1975.
96	97		9 (4) ELDERLY PERSON. An individual 60 years of age or
97	98		10 older.
98	99		11 (5) EMOTIONAL ABUSE. The intentional or reckless
99	100		12 infliction of emotional or mental anguish, or the use of a
100	101		13 physical or chemical restraint, medication, or isolation as
101	102		14 punishment or as a substitute for treatment or care of any
102	103		15 elderly person or adult in need of protective services.
103	104		16 (6) EMPLOYEE. An individual who is either:
104	105		17 a. Hired directly or through a contract by a service
105	106		18 provider who has duties that involve, or may involve,
106	107		19 one-on-one contact with a patient, resident, or client.
107	108		20 b. A volunteer who has duties that involve, or may
108	109		21 involve, one-on-one contact with a patient, resident, or
109	110		22 client.
110	111		23 (7) EXPLOITATION. The same meaning as in Section
111	112		24 38-9-2, Code of Alabama 1975.
112	113		25 (8) FINANCIAL EXPLOITATION. Any of the following:
113		-	Page 4 HB105
114		-	1 a. The wrongful or unauthorized taking, withholding,
	114	+	Page 4 1 a. The wrongful or unauthorized taking, withholding,
115	115		2 appropriation, or use of money, assets, or property of an
116	116		3 elderly person or an adult in need of protective services.
117	117		4 b. The use of deception, intimidation, undue
118	118		5 influence, force, or threat of force to obtain or exert
119	119		6 unauthorized control over an elderly person's money, assets,
120	120		7 or property or the money, assets, or property of an adult in
121	121		8 need of protective services with the intent to deprive that
122	122		9 individual of his or her money, assets, or property.
123	123		10 c. The breach of a fiduciary duty to an elderly
124	124		11 person or an adult in need of protective services under a
125	125		12 power of attorney or through a conservatorship or guardianship
126	126		13 which results in an unauthorized appropriation, sale, or
127	127		14 transfer of the individual's money, assets, or property.
128	128		15 (9) INTIMIDATION. A threat of physical or emotional
129	129		16 harm to an elderly person or an adult in need of protective
130	130		17 services, or the communication to an elderly person or adult
131	131		18 in need of protective services that he or she will be deprived
132	132		19 of food and nutrition, shelter, property, prescribed
133	133		20 medication, or medical care or treatment.
134	134		21 (10) NEGLECT. The same meaning as in Section 38-9-2,
135	135		22 Code of Alabama 1975.
136	136		23 (11) SERVICE PROVIDER. Any of the following:
137	137		24 a. Assisted living communities or centers.
138		-	Page 5 HB105
139		-	1 b. Specialty care assisted living communities or
140		-	2 centers.
141		-	3 c. Home health agencies.
142		-	4 d. Hospice programs or residential hospice
143		-	5 facilities.
144		-	6 e. Hospitals.
145		-	7 f. Long-term care facilities.
146		-	8 g. Skilled nursing facilities.
147		-	9 h. Rehabilitation facilities.
148		-	10 i. Group homes and other residential facilities
149		-	11 serving adults in need of protective services.
150		-	12 i. Group homes, other residential facilities, and
151		-	13 community-based services serving adults in need of protective
152		-	14 services, as designated by rules adopted by the Department of
153		-	15 Human Resources, the Department of Mental Health, and the
154		-	16 Alabama Department of Public Health.
155		-	17 j. Foster homes that serve elderly persons or adults
156		-	18 in need of protective services.
157		-	19 (12) SEXUAL ABUSE. The same meaning as in Section
158		-	20 38-9-2, Code of Alabama 1975.
159		-	21 (13) UNDUE INFLUENCE. Domination, coercion,
160		-	22 manipulation, or any other act exercised by another individual
161		-	23 to the extent that an elderly person or adult in need of
162		-	24 protective services is prevented from exercising free judgment
163		-	25 and choice.
164		-	Page 6 HB105
165		-	1 Section 4. (a) The Department of Human Resources
166		-	2 shall establish and maintain a registry, to be known as the
167		-	3 Alabama Elder and Adult in Need of Protective Services Abuse
168		-	4 Registry, containing the names of any individual for whom any
169		-	5 of the following are true:
170		-	6 (1) The individual has been convicted of the crime
171		-	7 of elder abuse and neglect in the first degree pursuant to
172		-	8 Section 13A-6-192, Code of Alabama 1975.
173		-	9 (2) The individual has been convicted of the crime
174		-	10 of elder abuse and neglect in the second degree pursuant to
175		-	11 Section 13A-6-193, Code of Alabama 1975.
176		-	12 (3) The individual has been convicted of the crime
177		-	13 of elder abuse and neglect in the third degree pursuant to
178		-	14 Section 13A-6-194, Code of Alabama 1975.
179		-	15 (4) The individual has been convicted of the crime
180		-	16 of financial exploitation of an elderly person in the first
181		-	17 degree pursuant to Section 13A-6-195, Code of Alabama 1975.
182		-	18 (5) The individual has been convicted of the crime
183		-	19 of financial exploitation of an elderly person in the second
184		-	20 degree pursuant to Section 13A-6-196, Code of Alabama 1975.
185		-	21 (6) The individual has been convicted of the crime
186		-	22 of financial exploitation of an elderly person in the third
187		-	23 degree pursuant to Section 13A-6-197, Code of Alabama 1975.
188		-	Page 7 HB105
189		-	1 (7) The individual has been convicted of any act of
190		-	2 elder abuse as defined in Section 38-9F-3, Code of Alabama
191		-	3 1975.
192		-	4 (8) An elder abuse protection order has been issued
193		-	5 against the individual pursuant to Section 38-9F-4, Code of
	138	+	25 b. Specialty care assisted living communities or
	139	+	26 centers.
	140	+	27 c. Home health agencies.
	141	+	Page 5 1 d. Hospice programs or residential hospice
	142	+	2 facilities.
	143	+	3 e. Hospitals.
	144	+	4 f. Long-term care facilities.
	145	+	5 g. Skilled nursing facilities.
	146	+	6 h. Rehabilitation facilities.
	147	+	7 i. Group homes and other residential facilities
	148	+	8 serving adults in need of protective services.
	149	+	9 i. Group homes, other residential facilities, and
	150	+	10 community-based services serving adults in need of protective
	151	+	11 services, as designated by rules adopted by the Department of
	152	+	12 Human Resources, the Department of Mental Health, and the
	153	+	13 Alabama Department of Public Health.
	154	+	14 j. Foster homes that serve elderly persons or adults
	155	+	15 in need of protective services.
	156	+	16 (12) SEXUAL ABUSE. The same meaning as in Section
	157	+	17 38-9-2, Code of Alabama 1975.
	158	+	18 (13) UNDUE INFLUENCE. Domination, coercion,
	159	+	19 manipulation, or any other act exercised by another individual
	160	+	20 to the extent that an elderly person or adult in need of
	161	+	21 protective services is prevented from exercising free judgment
	162	+	22 and choice.
	163	+	23 Section 4. (a) The Department of Human Resources
	164	+	24 shall establish and maintain a registry, to be known as the
	165	+	25 Alabama Elder and Adult in Need of Protective Services Abuse
	166	+	26 Registry, containing the names of any individual for whom any
	167	+	27 of the following are true:
	168	+	Page 6 1 (1) The individual has been convicted of the crime
	169	+	2 of elder abuse and neglect in the first degree pursuant to
	170	+	3 Section 13A-6-192, Code of Alabama 1975.
	171	+	4 (2) The individual has been convicted of the crime
	172	+	5 of elder abuse and neglect in the second degree pursuant to
	173	+	6 Section 13A-6-193, Code of Alabama 1975.
	174	+	7 (3) The individual has been convicted of the crime
	175	+	8 of elder abuse and neglect in the third degree pursuant to
	176	+	9 Section 13A-6-194, Code of Alabama 1975.
	177	+	10 (4) The individual has been convicted of the crime
	178	+	11 of financial exploitation of an elderly person in the first
	179	+	12 degree pursuant to Section 13A-6-195, Code of Alabama 1975.
	180	+	13 (5) The individual has been convicted of the crime
	181	+	14 of financial exploitation of an elderly person in the second
	182	+	15 degree pursuant to Section 13A-6-196, Code of Alabama 1975.
	183	+	16 (6) The individual has been convicted of the crime
	184	+	17 of financial exploitation of an elderly person in the third
	185	+	18 degree pursuant to Section 13A-6-197, Code of Alabama 1975.
	186	+	19 (7) The individual has been convicted of any act of
	187	+	20 elder abuse as defined in Section 38-9F-3, Code of Alabama
	188	+	21 1975.
	189	+	22 (8) An elder abuse protection order has been issued
	190	+	23 against the individual pursuant to Section 38-9F-4, Code of
	191	+	24 Alabama 1975.
	192	+	25 (9) A protection from abuse order has been issued
	193	+	26 against the individual pursuant to Chapter 5 of Title 30, Code
	194	+	Page 7 1 of Alabama 1975, for the protection of an elderly person or an
	195	+	2 adult in need of protective services.
	196	+	3 (10) The individual has been convicted of any act of
	197	+	4 abuse, neglect, or exploitation as described in Section
	198	+	5 38-9-7, Code of Alabama 1975.
	199	+	6 (11) The individual has been convicted of any crime
	200	+	7 that involves the physical or mental injury or maltreatment of
	201	+	8 an elderly person or an adult in need of protective services.
	202	+	9 (12) (11) The individual has been found by the
	203	+	10 Department of Human Resources to have committed an act of
	204	+	11 abuse, elder abuse, emotional abuse, exploitation, financial
	205	+	12 exploitation, intimidation, neglect, sexual abuse, or undue
	206	+	13 influence against an elderly person or an adult in need of
	207	+	14 protective services.
	208	+	15 (b) The Department of Human Resources shall
	209	+	16 establish and enforce reasonable rules governing the custody,
	210	+	17 use, and preservation of the reports and records of abuse,
	211	+	18 elder abuse, emotional abuse, exploitation, financial
	212	+	19 exploitation, intimidation, neglect, sexual abuse, or undue
	213	+	20 influence against an elderly person or an adult in need of
	214	+	21 protective services. These reports and records and related
	215	+	22 information or testimony shall be confidential, and shall not
	216	+	23 be used or disclosed for any purpose other than the following:
	217	+	24 (1) For purposes of employment required by Section
	218	+	25 6.
	219	+	26 (2) For investigation by a law enforcement agency.
	220	+	Page 8 1 (3) For use by a grand jury upon its determination
	221	+	2 that access to the reports and records is necessary in the
	222	+	3 conduct of its official business.
	223	+	4 (4) For use by a court that finds the information is
	224	+	5 necessary for the determination of an issue before the court.
	225	+	6 (5) For use by any guardian ad litem, guardian, or
	226	+	7 conservator authorized by a court to act as a representative
	227	+	8 for an elderly person or adult in need of protective services
	228	+	9 who is the subject of a report.
	229	+	10 (6) For use by a physician who has before him or her
	230	+	11 an elderly person or an adult in need of protective services
	231	+	12 whom the physician reasonably suspects may be abused or
	232	+	13 neglected.
	233	+	14 (7) For use by federal, state, or local governmental
	234	+	15 entities, social service agencies of another state, or any
	235	+	16 agent of these entities, having a need for the information in
	236	+	17 order to carry out their responsibilities under law to protect
	237	+	18 individuals from abuse and neglect.
	238	+	19 (8) For public disclosure of the findings or
	239	+	20 information about the case of abuse or neglect that has
	240	+	21 resulted in a fatality. Information identifying by name
	241	+	22 persons other than the victim shall not be disclosed.
	242	+	23 Section 5. (a) A court of this state The
	243	+	24 Administrative Office of Courts shall notify the Department of
	244	+	25 Human Resources of the criminal conviction or protection order
	245	+	26 concerning an individual under any of the following
	246	+	27 circumstances:
	247	+	Page 9 1 (1) An individual is found guilty of a crime
	248	+	2 perpetrated against an elderly person or an adult in need of
	249	+	3 protective services as described in Section 3.
	250	+	4 (2) The court issues an elder abuse protection order
	251	+	5 against an individual pursuant to Section 38-9F-4, Code of
194	252		6 Alabama 1975.
195		-	7 (9) A protection from abuse order ~~has been issued~~
196		-	8 against ~~the~~ individual pursuant to Chapter 5 of Title 30, Code
	253	+	7 (3) The court issues a protection from abuse order
	254	+	8 against an individual pursuant to Chapter 5 of Title 30, Code
197	255		9 of Alabama 1975, for the protection of an elderly person or an
198	256		10 adult in need of protective services.
199		-	11 (10) The individual has been convicted of any act of
200		-	12 abuse, neglect, or exploitation as described in Section
201		-	13 38-9-7, Code of Alabama 1975.
202		-	14 (11) The individual has been convicted of any crime
203		-	15 that involves the physical or mental injury or maltreatment of
204		-	16 an elderly person or an adult in need of protective services.
205		-	17 (12) (11) The individual has been found by the
206		-	18 Department of Human Resources to have committed an act of
207		-	19 abuse, elder abuse, emotional abuse, exploitation, financial
208		-	20 exploitation, intimidation, neglect, sexual abuse, or undue
209		-	21 influence against an elderly person or an adult in need of
210		-	22 protective services.
211		-	23 (b) The Department of Human Resources shall
212		-	24 establish and enforce reasonable rules governing the custody,
213		-	25 use, and preservation of the reports and records of abuse,
214		-	Page 8 HB105
215		-	1 elder abuse, emotional abuse, exploitation, financial
216		-	2 exploitation, intimidation, neglect, sexual abuse, or undue
217		-	3 influence against an elderly person or an adult in need of
218		-	4 protective services. These reports and records and related
219		-	5 information or testimony shall be confidential, and shall not
220		-	6 be used or disclosed for any purpose other than the following:
221		-	7 (1) For purposes of employment required by Section 6
222		-	8 7.
223		-	9 (2) For investigation by a law enforcement agency.
224		-	10 (3) For use by a grand jury upon its determination
225		-	11 that access to the reports and records is necessary in the
226		-	12 conduct of its official business.
227		-	13 (4) For use by a court that finds the information is
228		-	14 necessary for the determination of an issue before the court.
229		-	15 (5) For use by any guardian ad litem, guardian, or
230		-	16 conservator authorized by a court to act as a representative
231		-	17 for an elderly person or adult in need of protective services
232		-	18 who is the subject of a report.
233		-	19 (6) For use by a physician who has before him or her
234		-	20 an elderly person or an adult in need of protective services
235		-	21 whom the physician reasonably suspects may be abused or
236		-	22 neglected.
237		-	23 (7) For use by federal, state, or local governmental
238		-	24 entities, social service agencies of another state, or any
239		-	25 agent of these entities, having a need for the information in
240		-	Page 9 HB105
241		-	1 order to carry out their responsibilities under law to protect
242		-	2 individuals from abuse and neglect.
243		-	3 (8) For public disclosure of the findings or
244		-	4 information about the case of abuse or neglect that has
245		-	5 resulted in a fatality. Information identifying by name
246		-	6 persons other than the victim shall not be disclosed.
247		-	7 Section 5. (a) A court of this state The
248		-	8 Administrative Office of Courts shall notify the Department of
249		-	9 Human Resources of the criminal conviction or protection order
250		-	10 concerning an individual under any of the following
251		-	11 circumstances:
252		-	12 (1) An individual is found guilty of a crime
253		-	13 perpetrated against an elderly person or an adult in need of
254		-	14 protective services as described in Section 3 4.
255		-	15 (2) The court issues an elder abuse protection order
256		-	16 against an individual pursuant to Section 38-9F-4, Code of
257		-	17 Alabama 1975.
258		-	18 (3) The court issues a protection from abuse order
259		-	19 against an individual pursuant to Chapter 5 of Title 30, Code
260		-	20 of Alabama 1975, for the protection of an elderly person or an
261		-	21 adult in need of protective services.
262		-	22 (b)(1) Any agency responsible for investigating
263		-	23 reports of abuse, neglect, exploitation, sexual abuse, or
264		-	24 emotional abuse under Section 38-9-8, Code of Alabama 1975,
265		-	25 shall notify the Department of Human Resources of the outcome
266		-	Page 10 HB105
267		-	1 of the investigation if the report is determined to have been
268		-	2 true or founded.
269		-	3 (2) In addition to documentation required by the
270		-	4 department pursuant to subdivision (1), notification shall
271		-	5 include the individual's last known mailing address and any
272		-	6 other information that the agency determines is necessary to
273		-	7 adequately identify the individual when inquiry to the Alabama
274		-	8 Elder and Adult in Need of Protective Services Abuse Registry
275		-	9 is made.
276		-	10 (c) The department shall adopt rules for the
277		-	11 implementation of Sections 2 through 6 3 through 7. The rules
278		-	12 shall include provisions requiring the submission of
279		-	13 documentation for the purposes of notifying the department of
280		-	14 a criminal conviction, protection order, or report pursuant to
281		-	15 subsections (a) and (b).
282		-	16 Section 6. (a) Upon receiving the notification
283		-	17 described in Section 4 5, the Department of Human Resources,
284		-	18 in addition to entering the individual's name and address on
285		-	19 the Alabama Elder and Adult in Need of Protective Services
286		-	20 Abuse Registry, shall enter information pertaining to the
287		-	21 offense or offenses the individual was convicted of; or if an
288		-	22 elder abuse protection order against the individual has been
289		-	23 issued, or if a protection from abuse order against the
290		-	24 individual has been issued for the protection of an elderly
291		-	25 person or an adult in need of protective services, information
292		-	Page 11 HB105
293		-	1 pertaining to why the order was issued and the age of the
294		-	2 victim.
295		-	3 (b) If the individual whose information is entered
296		-	4 on the registry was not convicted of a crime but was found by
297		-	5 the department to have otherwise committed acts of abuse,
298		-	6 elder abuse, emotional abuse, exploitation, financial
299		-	7 exploitation, intimidation, neglect, sexual abuse, or undue
300		-	8 influence against an elderly person or an adult in need of
301		-	9 protective services, the department, in addition to entering
302		-	10 the individual's name and address on the registry, shall also
303		-	11 enter information pertaining to the offense or offenses the
304		-	12 individual was found by the department to have committed.
305		-	13 (c) The individual's information, once entered on
306		-	14 the registry, shall remain on the registry even if the
307		-	15 individual fulfills the obligations of any criminal sentencing
308		-	16 against that individual, except as provided in subsection (d).
309		-	17 (d) The Department of Human Resources shall adopt
310		-	18 rules requiring due process for individuals found by the
311		-	19 department to have committed acts of abuse, elder abuse,
312		-	20 emotional abuse, exploitation, financial exploitation,
313		-	21 intimidation, neglect, sexual abuse, or undue influence
314		-	22 against an elderly person or an adult in need of protective
315		-	23 services, but who were not criminally convicted or against
316		-	24 whom an elder abuse protection order or a protection from
317		-	25 abuse order was not entered. These rules shall provide a
318		-	Page 12 HB105
319		-	1 process by which the individual's name and information may be
320		-	2 removed from the Alabama Elder and Adult in Need of Protective
321		-	3 Services Abuse Registry. The department shall implement these
322		-	4 rules no later than January 1, 2023.
323		-	5 (d) The Department of Human Resources shall, and the
324		-	6 Department of Mental Health and the Alabama Department of
325		-	7 Public Health may, adopt rules requiring due process that
326		-	8 includes notice by certified mail or by personal service for
327		-	9 individuals found to have committed acts of abuse, elder
328		-	10 abuse, emotional abuse, exploitation, financial exploitation,
329		-	11 intimidation, neglect, sexual abuse, or undue influence
330		-	12 against an elderly person or an adult in need of protective
331		-	13 services. The Department of Human Resources, by rule, shall
332		-	14 provide a process by which the individual's name and
333		-	15 information may be removed from the Alabama Elder and Adult in
334		-	16 Need of Protective Services Abuse Registry, and shall
335		-	17 implement its rules providing for this process no later than
336		-	18 January 1, 2023.
337		-	19 Section 7. A service provider shall query the
338		-	20 Alabama Elder and Adult in Need of Protective Services Abuse
339		-	21 Registry with regard to an individual who is an employee or
340		-	22 prospective employee of the provider to confirm whether any of
341		-	23 the following are true:
342		-	24 (1) The individual has been convicted of a crime
343		-	25 described in Section 3 4.
344		-	Page 13 HB105
345		-	1 (2) An elder abuse protection order against the
346		-	2 individual has been issued pursuant to Section 38-9F-4, Code
347		-	3 of Alabama 1975.
348		-	4 (3) A protection from abuse order has been issued
349		-	5 against the individual pursuant to Chapter 5 of Title 30, Code
350		-	6 of Alabama 1975, for the protection of an elderly person or an
351		-	7 adult in need of protective services.
352		-	8 (4) The Department of Human Resources has made a
353		-	9 finding that the individual has committed an act of abuse,
354		-	10 elder abuse, emotional abuse, exploitation, financial
355		-	11 exploitation, intimidation, neglect, sexual abuse, or undue
356		-	12 influence against an elderly person or an adult in need of
357		-	13 protective services.
358		-	14 Section 8. Although this bill would have as its
359		-	15 purpose or effect the requirement of a new or increased
360		-	16 expenditure of local funds, the bill is excluded from further
361		-	17 requirements and application under Amendment 621, as amended
362		-	18 by Amendment 890, now appearing as Section 111.05 of the
363		-	19 Official Recompilation of the Constitution of Alabama of 1901,
364		-	20 as amended, because the bill defines a new crime or amends the
365		-	21 definition of an existing crime.
366		-	22 Section 9. This act shall become effective on the
367		-	23 first day of the third month following its passage and
368		-	24 approval by the Governor, or its otherwise becoming law.
369		-	Page 14 HB105
370		-	1
	257	+	11 (b)(1) Any agency responsible for investigating
	258	+	12 reports of abuse, neglect, exploitation, sexual abuse, or
	259	+	13 emotional abuse under Section 38-9-8, Code of Alabama 1975,
	260	+	14 shall notify the Department of Human Resources of the outcome
	261	+	15 of the investigation if the report is determined to have been
	262	+	16 true or founded.
	263	+	17 (2) In addition to documentation required by the
	264	+	18 department pursuant to subdivision (1), notification shall
	265	+	19 include the individual's last known mailing address and any
	266	+	20 other information that the agency determines is necessary to
	267	+	21 adequately identify the individual when inquiry to the Alabama
	268	+	22 Elder and Adult in Need of Protective Services Abuse Registry
	269	+	23 is made.
	270	+	24 (c) The department shall adopt rules for the
	271	+	25 implementation of Sections 2 through 6. The rules shall
	272	+	26 include provisions requiring the submission of documentation
	273	+	27 for the purposes of notifying the department of a criminal
	274	+	Page 10 1 conviction, protection order, or report pursuant to
	275	+	2 subsections (a) and (b).
	276	+	3 Section 6. (a) Upon receiving the notification
	277	+	4 described in Section 4, the Department of Human Resources, in
	278	+	5 addition to entering the individual's name and address on the
	279	+	6 Alabama Elder and Adult in Need of Protective Services Abuse
	280	+	7 Registry, shall enter information pertaining to the offense or
	281	+	8 offenses the individual was convicted of; or if an elder abuse
	282	+	9 protection order against the individual has been issued, or if
	283	+	10 a protection from abuse order against the individual has been
	284	+	11 issued for the protection of an elderly person or an adult in
	285	+	12 need of protective services, information pertaining to why the
	286	+	13 order was issued and the age of the victim.
	287	+	14 (b) If the individual whose information is entered
	288	+	15 on the registry was not convicted of a crime but was found by
	289	+	16 the department to have otherwise committed acts of abuse,
	290	+	17 elder abuse, emotional abuse, exploitation, financial
	291	+	18 exploitation, intimidation, neglect, sexual abuse, or undue
	292	+	19 influence against an elderly person or an adult in need of
	293	+	20 protective services, the department, in addition to entering
	294	+	21 the individual's name and address on the registry, shall also
	295	+	22 enter information pertaining to the offense or offenses the
	296	+	23 individual was found by the department to have committed.
	297	+	24 (c) The individual's information, once entered on
	298	+	25 the registry, shall remain on the registry even if the
	299	+	26 individual fulfills the obligations of any criminal sentencing
	300	+	27 against that individual, except as provided in subsection (d).
	301	+	Page 11 1 (d) The Department of Human Resources shall adopt
	302	+	2 rules requiring due process for individuals found by the
	303	+	3 department to have committed acts of abuse, elder abuse,
	304	+	4 emotional abuse, exploitation, financial exploitation,
	305	+	5 intimidation, neglect, sexual abuse, or undue influence
	306	+	6 against an elderly person or an adult in need of protective
	307	+	7 services, but who were not criminally convicted or against
	308	+	8 whom an elder abuse protection order or a protection from
	309	+	9 abuse order was not entered. These rules shall provide a
	310	+	10 process by which the individual's name and information may be
	311	+	11 removed from the Alabama Elder and Adult in Need of Protective
	312	+	12 Services Abuse Registry. The department shall implement these
	313	+	13 rules no later than January 1, 2023.
	314	+	14 (d) The Department of Human Resources shall, and the
	315	+	15 Department of Mental Health and the Alabama Department of
	316	+	16 Public Health may, adopt rules requiring due process for
	317	+	17 individuals found to have committed acts of abuse, elder
	318	+	18 abuse, emotional abuse, exploitation, financial exploitation,
	319	+	19 intimidation, neglect, sexual abuse, or undue influence
	320	+	20 against an elderly person or an adult in need of protective
	321	+	21 services. The Department of Human Resources, by rule, shall
	322	+	22 provide a process by which the individual's name and
	323	+	23 information may be removed from the Alabama Elder and Adult in
	324	+	24 Need of Protective Services Abuse Registry, and shall
	325	+	25 implement its rules providing for this process no later than
	326	+	26 January 1, 2023.
	327	+	Page 12 1 Section 7. A service provider shall query the
	328	+	2 Alabama Elder and Adult in Need of Protective Services Abuse
	329	+	3 Registry with regard to an individual who is an employee or
	330	+	4 prospective employee of the provider to confirm whether any of
	331	+	5 the following are true:
	332	+	6 (1) The individual has been convicted of a crime
	333	+	7 described in Section 3.
	334	+	8 (2) An elder abuse protection order against the
	335	+	9 individual has been issued pursuant to Section 38-9F-4, Code
	336	+	10 of Alabama 1975.
	337	+	11 (3) A protection from abuse order has been issued
	338	+	12 against the individual pursuant to Chapter 5 of Title 30, Code
	339	+	13 of Alabama 1975, for the protection of an elderly person or an
	340	+	14 adult in need of protective services.
	341	+	15 (4) The Department of Human Resources has made a
	342	+	16 finding that the individual has committed an act of abuse,
	343	+	17 elder abuse, emotional abuse, exploitation, financial
	344	+	18 exploitation, intimidation, neglect, sexual abuse, or undue
	345	+	19 influence against an elderly person or an adult in need of
	346	+	20 protective services.
	347	+	21 Section 8. Although this bill would have as its
	348	+	22 purpose or effect the requirement of a new or increased
	349	+	23 expenditure of local funds, the bill is excluded from further
	350	+	24 requirements and application under Amendment 621, as amended
	351	+	25 by Amendment 890, now appearing as Section 111.05 of the
	352	+	26 Official Recompilation of the Constitution of Alabama of 1901,
	353	+	Page 13 1 as amended, because the bill defines a new crime or amends the
	354	+	2 definition of an existing crime.
	355	+	3 Section 9. This act shall become effective on the
	356	+	4 first day of the third month following its passage and
	357	+	5 approval by the Governor, or its otherwise becoming law.
	358	+	Page 14 1
371	359		2
372		-	3
373		-	4
374		-	Speaker of the House of Representatives
375		-
376		-	5
377		-	6 President and Presiding Officer of the Senate
378		-	House of Representatives7
379		-	I hereby certify that the within Act originated in8
380		-	9 and was passed by the House 09-FEB-22, as amended.
	360	+	House of Representatives3
	361	+	Read for the first time and re-4
	362	+	5 ferred to the House of Representa-
	363	+	tives committee on Judiciary ......6 .......11-JAN-22
	364	+	7
	365	+	Read for the second time and placed8
	366	+	on the calendar 2 amendments .....9 .......02-FEB-22
381	367		10
382		-	11 ~~Jeff Woodard~~
383		-	12 ~~Clerk~~
384		-	13
	368	+	Read for the third time and passed11
	369	+	as amended.........................12 .......09-FEB-22
	370	+	Yeas 101, Nays 0, Abstains 113
385	371		14
386		-	Senate15 09-MAR-22 Amended and Passed
387		-	House16 15-MAR-22
388		-	Concurred in Sen-
389		-	ate Amendment
	372	+	15 Jeff Woodard
	373	+	16 Clerk
390	374		17
391	375		Page 15