SB170INTRODUCED
Page 0
O29QMM-1
By Senator Barfoot
RFD: Veterans and Military Affairs
First Read: 05-Apr-23
1
2
3
4
5 O29QMM-1 04/04/2023 THR (L) THR 2023-1352
Page 1
SYNOPSIS:
Under existing law, loitering is a violation.
This bill would prohibit an individual from
loitering on a public roadway maintained by the state
or in the right-of-way of a public roadway maintained
by the state.
Under existing law, a pedestrian soliciting
employment, business, or contributions or distributing
articles on a highway is a violation.
This bill would remove this prohibition.
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 withing one of a number of
specified examples; 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 SB170 INTRODUCEDSB170 INTRODUCED
Page 2
because it comes within one of the specified exceptions
contained in the amendment.
A BILL
TO BE ENTITLED
AN ACT
Relating to crimes and offenses; to amend Sections
13A-11-9 and 32-5A-216, Code of Alabama 1975, to prohibit an
individual from loitering on a public roadway maintained by
the state or in the right-of-way of a public roadway
maintained by the state; to remove the prohibition on a
pedestrian soliciting employment, business, or contributions
or distributing articles on a highway; to provide criminal
penalties for violations; 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 2022.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 13A-11-9 and 32-5A-216, Code of
Alabama 1975, are amended to read as follows:
"§13A-11-9
(a) A person commits the crime of loitering if he or
she does any of the following:
(1) Loiters,or remains, or wanders about in on a
public place for the purpose of begging roadway maintained by
the state or the right-of-way of a public roadway maintained
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56 SB170 INTRODUCEDSB170 INTRODUCED
Page 3
by the state.
(2) Loiters or remains in a public place for the
purpose of gambling.
(3) Loiters or remains in a public place for the
purpose of engaging or soliciting another person to engage in
prostitution or sodomy.
(4) Being masked, loiters, remains, or congregates in a
public place.
(5) Loiters or remains in or about a school, college,
or university building or grounds after having been told to
leave by any authorized official of the school, college, or
university, not having any reason or relationship involving
custody of or responsibility for a pupil or any other
specific, legitimate reason for being there, and not having
written permission from a school, college , or university
administrator.
(6) Loiters or remains in any transportation facility,
unless specifically authorized to do so, for the purpose of
soliciting or engaging in any business, trade, or commercial
transactions involving the sale of merchandise or services.
(7) Loiters or remains in any place with one or more
persons for the purpose of unlawfully using or possessing a
dangerous drug.
(b) A person does not commit a crime under subdivision
(a)(4) if he or she is going to or from or staying at a
masquerade party, or is participating in a public parade or
presentation of an educational, religious, or historical
character or in an event as defined in Section 13A-11-140.
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84 SB170 INTRODUCEDSB170 INTRODUCED
Page 4
(c) Sodomy in subdivision (a)(3) is defined as in
Section 13A-6-60.
(d) Dangerous drug in subdivision (a)(7) means any
narcotic, drug, or controlled substance as defined in Chapter
2 of Title 20 and any schedule incorporated therein.
(e) Loitering is a violation. A second or subsequent
violation of this section in the same jurisdiction is a Class
C misdemeanor.
(f)(1) Prior to making an arrest for a violation of
subdivision (a)(1), a law enforcement officer may instruct any
person in violation of subdivision (a)(1) to immediately and
peaceably exit the public roadway maintained by the state or
the right-of-way of the public roadway maintained by the
state.
(2)a. Prior to making an arrest for an initial
violation of subdivision (a)(1), a law enforcement officer may
offer to transport any person in violation of subdivision
(a)(1) to a location in the jurisdiction that offers emergency
housing, if applicable.
b. If a person accepts an offer made pursuant to
subdivision (1), a law enforcement officer may transport the
person accordingly.
(g) Any actions undertaken by a law enforcement officer
pursuant to this section shall be subject to Section 36-1-12. "
"§32-5A-216
(a) No person shall stand in a roadway for the purpose
of soliciting a ride.
(b) No person shall stand on a highway for the purpose
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112 SB170 INTRODUCEDSB170 INTRODUCED
Page 5
of soliciting employment, business, or contributions from the
occupant of any vehicle, nor for the purpose of distributing
any article, unless otherwise authorized by official permit of
the governing body of the city or county having jurisdiction
over the highway.
(c)(b) No person shall stand on or in proximity to a
street or highway for the purpose of soliciting the watching
or guarding of any vehicle while parked or about to be parked
on a street or highway.
(d)(c) No person shall fish from a bridge, viaduct, or
trestle, or the approaches thereto, within the State of
Alabama, unless otherwise authorized by the governing body of
the city or county having jurisdiction over the highway or
from the State of Alabama in the case of state highways. The
authorizing authority shall erect and maintain appropriate
signs giving notice that fishing is allowed."
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.
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137