AL
Alabama Senate Bill SB120

Alabama 2023 Regular Session

Alabama Senate Bill SB120 Compare Versions

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1-SB120ENROLLED
1+SB120INTRODUCED
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3-Z48XWK-3
4-By Senators Coleman-Madison, Barfoot, Stutts, Gudger, Givhan,
5-Coleman, Stewart, Melson, Albritton
3+Z48XWK-1
4+By Senator Coleman-Madison
65 RFD: Judiciary
76 First Read: 22-Mar-23
8-2023 Regular Session
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11+5 Z48XWK-1 03/21/2023 ANS (L)cr 2023-1134
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16-Enrolled, An Act,
17-Relating to crimes; to amend Sections 13A-10-30,
18-13A-10-36, 13A-10-37, and 13A-10-38, Code of Alabama 1975, to
19-allow a detention facility to adopt a policy to further define
20-what items constitute "contraband" for purposes of banning
21-certain items from detention facilities; to further define the
22-crimes of promoting contraband in the first, second, and third
23-degree to apply to juveniles under certain circumstances; to
24-make nonsubstantive, technical revisions to update the
25-existing code language to current style; and in connection
26-therewith would have as its purpose or effect the requirement
27-of a new or increased expenditure of local funds within the
28-meaning of Section 111.05 of the Constitution of Alabama of
29-2022.
30-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
31-Section 1. Sections 13A-10-30, 13A-10-36, 13A-10-37,
32-and 13A-10-38, Code of Alabama 1975, are amended to read as
33-follows:
34- "§13A-10-30
35-(a) The definitions contained in Section 13A-10-1 are
36-applicable in this article unless the context requires
37-otherwise.
38-(b) The following definitions are also applicable to
39-this article:
40-(1) (2) CUSTODY. A restraint or detention by a public
41-servant pursuant to a lawful arrest, conviction , or order of
13+SYNOPSIS:
14+Under existing law, a person is guilty of
15+promoting prison contraband if the person intentionally
16+and unlawfully introduces contraband into a detention
17+facility or if the person is confined to a detention
18+facility and obtains or possesses contraband.
19+Also under existing law, a statute, rule,
20+regulation, or order may define what items constitute
21+"contraband".
22+This bill would allow a detention facility to
23+adopt a policy to further define what items constitute
24+"contraband" for purposes of banning certain items from
25+detention facilities.
26+Under existing law, the crimes of promoting
27+prison contraband in the first, second, and third
28+degree limit their application to inmates under certain
29+circumstances.
30+This bill would further define the crimes of
31+promoting contraband in the first, second, and third
32+degree to apply to juveniles under certain
33+circumstances.
34+This bill would also make nonsubstantive,
35+technical revisions to update the existing code
36+language to current style.
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71-court, but does not include mere supervision of probation or
72-parole, or constraint incidental to release on bail.
73-(2) (3) DETENTION FACILITY. Any place used for the
74-confinement, pursuant to law, of a person:
75-a. Charged with or convicted of a criminal offense ; or.
76-b. Charged with being or adjudicated a youthful
77-offender, or a neglected minor or juvenile delinquent ; or.
78-c. Held for extradition ; or.
79-d. Otherwise confined pursuant to an order of court.
80-(3) (4) PENAL FACILITY. Any security correctional
81-institution for the confinement of persons arrested for,
82-charged with, or convicted of a criminal offense, including ,
83-but not limited to , the following security facilities: the
84-state penitentiary and any branch thereof of the state
85-penitentiary, or any county or city jail.
86-(4) (1) CONTRABAND. Any article or thing which a person
87-confined in a detention facility is legally prohibited from
88-obtaining or possessing by statute, rule, regulation ,
89-detention center policy, or order."
90-"§13A-10-36
91-(a) A person is guilty of promoting prison contraband
92-in the first degree if he or she does either of the following :
93-(1) He intentionally Intentionally and unlawfully
94-introduces within a detention facility, or provides an inmate
95-or juvenile with, any deadly weapon, instrument, tool , or
96-other thing which item that may be useful for escape ;.
97-(2) Being a person confined in a detention facility, he
98-intentionally and unlawfully makes, obtains , or possesses any
66+Section 111.05 of the Constitution of Alabama of
67+2022, prohibits a general law whose purpose or effect
68+would be to require a new or increased expenditure of
69+local funds from becoming effective with regard to a
70+local governmental entity without enactment by a 2/3
71+vote unless: it comes within one of a number of
72+specified exceptions; it is approved by the affected
73+entity; or the Legislature appropriates funds, or
74+provides a local source of revenue, to the entity for
75+the purpose.
76+The purpose or effect of this bill would be to
77+require a new or increased expenditure of local funds
78+within the meaning of the amendment. However, the bill
79+does not require approval of a local governmental
80+entity or enactment by a 2/3 vote to become effective
81+because it comes within one of the specified exceptions
82+contained in the amendment.
83+A BILL
84+TO BE ENTITLED
85+AN ACT
86+Relating to crimes; to amend Sections 13A-10-30,
87+13A-10-36, 13A-10-37, and 13A-10-38, Code of Alabama 1975, to
88+allow a detention facility to adopt a policy to further define
89+what items constitute "contraband" for purposes of banning
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128-deadly weapon, instrument, tool , or other thing which item
129-that may be useful for escape.
130-(b) Promoting prison contraband in the first degree is
131-a Class C felony."
132-"§13A-10-37
133-(a) A person is guilty of promoting prison contraband
134-in the second degree if he or she does either of the
135-following:
136-(1) He intentionally Intentionally and unlawfully
137-introduces within a detention facility, or provides an inmate
138-or juvenile with, any narcotic, dangerous drug or controlled
139-substance as defined in the "Alabama Controlled Substances
140-Act," or any amendments thereto ; or.
141-(2) Being a person confined in a detention facility, he
142-intentionally and unlawfully makes, obtains , or possesses any
143-narcotic, dangerous drug, or controlled substance as defined
144-in Chapter 2 of Title 20 of this Code.
145-(b) Promoting prison contraband in the second degree is
146-a Class C felony."
147-"§13A-10-38
148-(a) A person is guilty of promoting prison contraband
149-in the third degree if the person he or she does any of the
150-following:
151-(1) He or she intentionally Intentionally and unlawfully
152-introduces within a detention facility, or provides an inmate
153-or juvenile with, any contraband or thing which item that the
154-actor knows or should know it is unlawful to introduce or for
155-the inmate or juvenile to possess.
119+certain items from detention facilities; to further define the
120+crimes of promoting contraband in the first, second, and third
121+degree to apply to juveniles under certain circumstances; to
122+make nonsubstantive, technical revisions to update the
123+existing code language to current style; and in connection
124+therewith would have as its purpose or effect the requirement
125+of a new or increased expenditure of local funds within the
126+meaning of Section 111.05 of the Constitution of Alabama of
127+2022.
128+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
129+Section 1. Sections 13A-10-30, 13A-10-36, 13A-10-37,
130+and 13A-10-38, Code of Alabama 1975, are amended to read as
131+follows:
132+ "§13A-10-30
133+(a) The definitions contained in Section 13A-10-1 are
134+applicable in this article unless the context requires
135+otherwise.
136+(b) The following definitions are also applicable to
137+this article:
138+(1) (2) CUSTODY. A restraint or detention by a public
139+servant pursuant to a lawful arrest, conviction , or order of
140+court, but does not include mere supervision of probation or
141+parole, or constraint incidental to release on bail.
142+(2) (3) DETENTION FACILITY. Any place used for the
143+confinement, pursuant to law, of a person:
144+a. Charged with or convicted of a criminal offense ; or.
145+b. Charged with being or adjudicated a youthful
146+offender, or a neglected minor or juvenile delinquent ; or.
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176+c. Held for extradition ; or.
177+d. Otherwise confined pursuant to an order of court.
178+(3) (4) PENAL FACILITY. Any security correctional
179+institution for the confinement of persons arrested for,
180+charged with, or convicted of a criminal offense, including ,
181+but not limited to , the following security facilities: the
182+state penitentiary and any branch thereof of the state
183+penitentiary, or any county or city jail.
184+(4) (1) CONTRABAND. Any article or thing which a person
185+confined in a detention facility is legally prohibited from
186+obtaining or possessing by statute, rule, regulation ,
187+detention center policy, or order."
188+"§13A-10-36
189+(a) A person is guilty of promoting prison contraband
190+in the first degree if he or she does either of the following :
191+(1) He intentionally Intentionally and unlawfully
192+introduces within a detention facility, or provides an inmate
193+or juvenile with, any deadly weapon, instrument, tool , or
194+other thing which item that may be useful for escape ;.
185195 (2) Being a person confined in a detention facility, he
186-or she intentionally and unlawfully makes, obtains, or
187-possesses any contraband.
188-(3) He or she intentionally Intentionally introduces
189-within a state detention facility operated by the Department
190-of Corrections, or provides an inmate in a state detention
191-facility operated by the Department of Corrections with, any
192-currency or coin which that the actor knows or should know is
193-unlawful to introduce or the possession of which is not
194-authorized by an inmate by the written policy of the
195-Department of Corrections.
196-(4) Being a person in the custody of the Department of
197-Corrections, he or she obtains or possesses any currency or
198-coin, the possession of which is not authorized by the written
199-policy of the Department of Corrections.
200-(b) Promoting prison contraband in the third degree is
201-a Class B misdemeanor.
202-(c) Any currency or coin contraband found on or in the
203-possession of any inmate in any state detention facility
204-operated by the Department of Corrections, the possession of
205-which is not authorized by the written policy of the
206-Department of Corrections, shall be confiscated and liquidated
207-after notice and a hearing as provided by departmental policy
208-and the proceeds shall be deposited in the general operating
209-fund of the department."
210-Section 2. Notwithstanding Section 13A-10-36,
211-13A-10-37, or 13A-10-38, no juvenile who is confined in a
212-detention facility shall be guilty of promoting prison
196+intentionally and unlawfully makes, obtains , or possesses any
197+deadly weapon, instrument, tool , or other thing which item
198+that may be useful for escape.
199+(b) Promoting prison contraband in the first degree is
200+a Class C felony."
201+"§13A-10-37
202+(a) A person is guilty of promoting prison contraband
203+in the second degree if he or she does either of the
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242-contraband.
243- Section 2. Although this bill would have as its
244-purpose or effect the requirement of a new or increased
245-expenditure of local funds, the bill is excluded from further
246-requirements and application under Section 111.05 of the
247-Constitution of Alabama of 2022, because the bill defines a
248-new crime or amends the definition of an existing crime.
249-Section 3. This act shall become effective on the first
250-day of the third month following its passage and approval by
251-the Governor, or its otherwise becoming law.
233+following:
234+(1) He intentionally Intentionally and unlawfully
235+introduces within a detention facility, or provides an inmate
236+or juvenile with, any narcotic, dangerous drug or controlled
237+substance as defined in the "Alabama Controlled Substances
238+Act," or any amendments thereto ; or.
239+(2) Being a person confined in a detention facility, he
240+intentionally and unlawfully makes, obtains , or possesses any
241+narcotic, dangerous drug, or controlled substance as defined
242+in Chapter 2 of Title 20 of this Code.
243+(b) Promoting prison contraband in the second degree is
244+a Class C felony."
245+"§13A-10-38
246+(a) A person is guilty of promoting prison contraband
247+in the third degree if the person he or she does any of the
248+following:
249+(1) He or she intentionally Intentionally and unlawfully
250+introduces within a detention facility, or provides an inmate
251+or juvenile with, any contraband or thing which item that the
252+actor knows or should know it is unlawful to introduce or for
253+the inmate or juvenile to possess.
254+(2) Being a person confined in a detention facility, he
255+or she intentionally and unlawfully makes, obtains, or
256+possesses any contraband.
257+(3) He or she intentionally Intentionally introduces
258+within a state detention facility operated by the Department
259+of Corrections, or provides an inmate in a state detention
260+facility operated by the Department of Corrections with, any
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263-________________________________________________
264-President and Presiding Officer of the Senate
265-________________________________________________
266-Speaker of the House of Representatives
267-SB120
268-Senate 25-Apr-23
269-I hereby certify that the within Act originated in and passed
270-the Senate, as amended.
271-Patrick Harris,
272-Secretary.
273-House of Representatives
274-Amended and passed: 18-May-23
275-Senate concurred in House amendment 18-May-23
276-By: Senator Coleman-Madison
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290+currency or coin which that the actor knows or should know is
291+unlawful to introduce or the possession of which is not
292+authorized by an inmate by the written policy of the
293+Department of Corrections.
294+(4) Being a person in the custody of the Department of
295+Corrections, he or she obtains or possesses any currency or
296+coin, the possession of which is not authorized by the written
297+policy of the Department of Corrections.
298+(b) Promoting prison contraband in the third degree is
299+a Class B misdemeanor.
300+(c) Any currency or coin contraband found on or in the
301+possession of any inmate in any state detention facility
302+operated by the Department of Corrections, the possession of
303+which is not authorized by the written policy of the
304+Department of Corrections, shall be confiscated and liquidated
305+after notice and a hearing as provided by departmental policy
306+and the proceeds shall be deposited in the general operating
307+fund of the department."
308+Section 2. Although this bill would have as its purpose
309+or effect the requirement of a new or increased expenditure of
310+local funds, the bill is excluded from further requirements
311+and application under Section 111.05 of the Constitution of
312+Alabama of 2022, because the bill defines a new crime or
313+amends the definition of an existing crime.
314+Section 3. This act shall become effective on the first
315+day of the third month following its passage and approval by
316+the Governor, or its otherwise becoming law.
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