Alabama 2022 Regular Session

Alabama Senate Bill SB169

Introduced
2/2/22  
Refer
2/2/22  
Engrossed
2/10/22  

Caption

Abuse, registry for individuals convicted of certain crimes against elders, require certain care providers to query the registry, criminal penalties, Sec. 38-9-8 am'd.

Impact

The introduction of this registry will have significant implications for state laws concerning caregiver regulations and the legal protections afforded to elderly individuals. Service providers, including healthcare facilities and home care agencies, will be mandated to verify the history of their employees against this new registry. Furthermore, the bill enhances reporting requirements for suspected abuse, stating that caregivers aware of any indicated abuse must notify authorities immediately, thus aiming to foster a more responsive system to allegations of mistreatment.

Summary

SB169 is a legislative bill aimed at enhancing protections for vulnerable elderly individuals in Alabama by establishing a registry specifically for individuals convicted of specific crimes against them. The bill amends Section 38-9-8 of the Code of Alabama 1975, expanding the requirements for care providers to query this registry when hiring employees or prospective employees. By doing so, it seeks to ensure that those who have a history of abuse, neglect, or exploitation of elderly persons are prevented from working in environments where they could pose a risk to vulnerable populations.

Sentiment

General sentiment around SB169 is supportive among advocates for elder rights and abuse prevention, who view the creation of the registry as a necessary step toward safeguarding the elderly community from harm. However, some concerns were raised regarding the potential for due process as individuals with records might find it more challenging to obtain employment in caregiving roles, which could inadvertently exclude capable individuals who may have committed minor offenses. The bill's proponents argue that the priority should be to protect vulnerable adults, despite these employment concerns.

Contention

Notable points of contention among lawmakers include the balance between protecting vulnerable populations and ensuring fair treatment for individuals listed on the registry. Some legislators worry that the stringent measures and penalties imposed by the bill may lead to unjust exclusions from employment opportunities, potentially disengaging qualified caregivers from the field. Additionally, there are discussions surrounding the adequacy of support structures for reporting abuse and the enforcement of the new registry, highlighting the complexities involved in effectively implementing the bill without overreaching or compromising individual rights.

Companion Bills

AL HB105

Same As Abuse, registry for individuals convicted of certain crimes against elders, require certain care providers to query the registry, criminal penalties, Sec. 38-9-8 am'd.

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