HB263INTRODUCED
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AGIDSQ-1
By Representative Wadsworth
RFD: Public Safety and Homeland Security
First Read: 06-Apr-23
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5 AGIDSQ-1 03/21/2023 ANS (L)cr 2023-875
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SYNOPSIS:
Under existing law, a person is guilty of
promoting prison contraband if the person intentionally
and unlawfully introduces contraband into a detention
facility or if the person is confined to a detention
facility and obtains or possesses contraband.
Also under existing law, a statute, rule,
regulation, or order may define what items constitute
"contraband".
This bill would allow a detention facility to
adopt a policy to further define what items constitute
"contraband" for purposes of banning certain items from
detention facilities.
Under existing law, the crimes of promoting
prison contraband in the first, second, and third
degree limit their application to inmates under certain
circumstances.
This bill would further define the crimes of
promoting contraband in the first, second, and third
degree to apply to juveniles under certain
circumstances.
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style.
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Section 111.05 of the Constitution of Alabama of
2022, prohibits a general law whose purpose or effect
would be to require a new or increased expenditure of
local funds from becoming effective with regard to a
local governmental entity without enactment by a 2/3
vote unless: it comes within one of a number of
specified exceptions; it is approved by the affected
entity; or the Legislature appropriates funds, or
provides a local source of revenue, to the entity for
the purpose.
The purpose or effect of this bill would be to
require a new or increased expenditure of local funds
within the meaning of the amendment. However, the bill
does not require approval of a local governmental
entity or enactment by a 2/3 vote to become effective
because it comes within one of the specified exceptions
contained in the amendment.
A BILL
TO BE ENTITLED
AN ACT
Relating to crimes; to amend Sections 13A-10-30,
13A-10-36, 13A-10-37, and 13A-10-38, Code of Alabama 1975, to
allow a detention facility to adopt a policy to further define
what items constitute "contraband" for purposes of banning
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certain items from detention facilities; to further define the
crimes of promoting contraband in the first, second, and third
degree to apply to juveniles under certain circumstances; to
make nonsubstantive, technical revisions to update the
existing code language to current style; and in connection
therewith would have as its purpose or effect the requirement
of a new or increased expenditure of local funds within the
meaning of Section 111.05 of the Constitution of Alabama of
2022.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 13A-10-30, 13A-10-36, 13A-10-37,
and 13A-10-38, Code of Alabama 1975, are amended to read as
follows:
"§13A-10-30
(a) The definitions contained in Section 13A-10-1 are
applicable in this article unless the context requires
otherwise.
(b) The following definitions are also applicable to
this article:
(1) (2) CUSTODY. A restraint or detention by a public
servant pursuant to a lawful arrest, conviction , or order of
court, but does not include mere supervision of probation or
parole, or constraint incidental to release on bail.
(2) (3) DETENTION FACILITY. Any place used for the
confinement, pursuant to law, of a person:
a. Charged with or convicted of a criminal offense ; or.
b. Charged with being or adjudicated a youthful
offender, or a neglected minor or juvenile delinquent ; or.
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c. Held for extradition ; or.
d. Otherwise confined pursuant to an order of court.
(3) (4) PENAL FACILITY. Any security correctional
institution for the confinement of persons arrested for,
charged with, or convicted of a criminal offense, including ,
but not limited to , the following security facilities: the
state penitentiary and any branch thereof of the state
penitentiary, or any county or city jail.
(4) (1) CONTRABAND. Any article or thing which a person
confined in a detention facility is legally prohibited from
obtaining or possessing by statute, rule, regulation ,
detention center policy, or order."
"§13A-10-36
(a) A person is guilty of promoting prison contraband
in the first degree if he or she does either of the following :
(1) He intentionally Intentionally and unlawfully
introduces within a detention facility, or provides an inmate
or juvenile with, any deadly weapon, instrument, tool , or
other thing which item that may be useful for escape ;.
(2) Being a person confined in a detention facility, he
intentionally and unlawfully makes, obtains , or possesses any
deadly weapon, instrument, tool , or other thing which item
that may be useful for escape.
(b) Promoting prison contraband in the first degree is
a Class C felony."
"§13A-10-37
(a) A person is guilty of promoting prison contraband
in the second degree if he or she does either of the
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following:
(1) He intentionally Intentionally and unlawfully
introduces within a detention facility, or provides an inmate
or juvenile with, any narcotic, dangerous drug or controlled
substance as defined in the "Alabama Controlled Substances
Act," or any amendments thereto ; or.
(2) Being a person confined in a detention facility, he
intentionally and unlawfully makes, obtains , or possesses any
narcotic, dangerous drug, or controlled substance as defined
in Chapter 2 of Title 20 of this Code.
(b) Promoting prison contraband in the second degree is
a Class C felony."
"§13A-10-38
(a) A person is guilty of promoting prison contraband
in the third degree if the person he or she does any of the
following:
(1) He or she intentionally Intentionally and unlawfully
introduces within a detention facility, or provides an inmate
or juvenile with, any contraband or thing which item that the
actor knows or should know it is unlawful to introduce or for
the inmate or juvenile to possess.
(2) Being a person confined in a detention facility, he
or she intentionally and unlawfully makes, obtains, or
possesses any contraband.
(3) He or she intentionally Intentionally introduces
within a state detention facility operated by the Department
of Corrections, or provides an inmate in a state detention
facility operated by the Department of Corrections with, any
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currency or coin which that the actor knows or should know is
unlawful to introduce or the possession of which is not
authorized by an inmate by the written policy of the
Department of Corrections.
(4) Being a person in the custody of the Department of
Corrections, he or she obtains or possesses any currency or
coin, the possession of which is not authorized by the written
policy of the Department of Corrections.
(b) Promoting prison contraband in the third degree is
a Class B misdemeanor.
(c) Any currency or coin contraband found on or in the
possession of any inmate in any state detention facility
operated by the Department of Corrections, the possession of
which is not authorized by the written policy of the
Department of Corrections, shall be confiscated and liquidated
after notice and a hearing as provided by departmental policy
and the proceeds shall be deposited in the general operating
fund of the department."
Section 2. Although this bill would have as its purpose
or effect the requirement of a new or increased expenditure of
local funds, the bill is excluded from further requirements
and application under Section 111.05 of the Constitution of
Alabama of 2022, because the bill defines a new crime or
amends the definition of an existing crime.
Section 3. This act shall become effective on the first
day of the third month following its passage and approval by
the Governor, or its otherwise becoming law.
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