| 15 | | - | Enrolled, An Act, |
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| 16 | | - | Relating to crimes and offenses; to amend Section |
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| 17 | | - | 13A-11-9, Code of Alabama 1975, as last amended by Act |
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| 18 | | - | 2023-245 of the 2023 Regular Session; to further provide for |
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| 19 | | - | the crime of loitering; to provide criminal penalties for |
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| 20 | | - | violations; and in connection therewith would have as its |
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| 21 | | - | purpose or effect the requirement of a new or increased |
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| 22 | | - | expenditure of local funds within the meaning of Section |
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| 23 | | - | 111.05 of the Constitution of Alabama of 2022. |
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| 24 | | - | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 25 | | - | Section 1. Section 13A-11-9, Code of Alabama 1975, as |
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| 26 | | - | last amended by Act 2023-245, 2023 Regular Session, is amended |
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| 27 | | - | to read as follows: |
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| 28 | | - | "§13A-11-9 |
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| 29 | | - | (a) A person commits the crime of loitering if he or |
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| 30 | | - | she does any of the following: |
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| 31 | | - | (1) Loiters, remains, or wanders about in a public |
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| 32 | | - | place for the purpose of begging. |
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| 33 | | - | (2) Loiters or remains in a public place for the |
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| 34 | | - | purpose of gambling. |
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| 35 | | - | (3) Loiters or remains in a public place for the |
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| 36 | | - | purpose of engaging or soliciting another person to engage in |
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| 37 | | - | prostitution or sodomy. |
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| 38 | | - | (4) Being masked, loiters, remains, or congregates in a |
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| 39 | | - | public place. |
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| 15 | + | SYNOPSIS: |
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| 16 | + | Under existing law, it is unlawful for a person |
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| 17 | + | to loiter or remain on a public roadway maintained by |
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| 18 | + | the state or the right-of-way of a public roadway |
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| 19 | + | maintained by the state. |
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| 20 | + | This bill would provide that it is unlawful to |
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| 21 | + | loiter or remain in any area within 30 feet of any |
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| 22 | + | interchange involving a controlled-access or |
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| 23 | + | limited-access highway. |
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| 24 | + | This bill would also provide criminal penalties |
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| 25 | + | for violations. |
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| 26 | + | Section 111.05 of the Constitution of Alabama of |
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| 27 | + | 2022, prohibits a general law whose purpose or effect |
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| 28 | + | would be to require a new or increased expenditure of |
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| 29 | + | local funds from becoming effective with regard to a |
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| 30 | + | local governmental entity without enactment by a 2/3 |
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| 31 | + | vote unless: it comes within one of a number of |
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| 32 | + | specified exceptions; it is approved by the affected |
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| 33 | + | entity; or the Legislature appropriates funds, or |
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| 34 | + | provides a local source of revenue, to the entity for |
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| 35 | + | the purpose. |
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| 36 | + | The purpose or effect of this bill would be to |
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| 37 | + | require a new or increased expenditure of local funds |
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| 38 | + | within the meaning of the section. However, the bill |
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| 39 | + | does not require approval of a local governmental |
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| 69 | | - | public place. |
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| 70 | | - | (5) Loiters or remains in or about a school, college, |
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| 71 | | - | or university building or grounds after having been told to |
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| 72 | | - | leave by any authorized official of the school, college, or |
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| 73 | | - | university, not having any reason or relationship involving |
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| 74 | | - | custody of or responsibility for a pupil or any other |
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| 75 | | - | specific, legitimate reason for being there, and not having |
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| 76 | | - | written permission from a school, college, or university |
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| 77 | | - | administrator. |
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| 78 | | - | (6) Loiters or remains in any transportation facility, |
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| 79 | | - | unless specifically authorized to do so, for the purpose of |
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| 80 | | - | soliciting or engaging in any business, trade, or commercial |
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| 81 | | - | transactions involving the sale of merchandise or services. |
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| 82 | | - | (7) Loiters or remains in any place with one or more |
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| 83 | | - | persons for the purpose of unlawfully using or possessing a |
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| 84 | | - | dangerous drug. |
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| 85 | | - | (8) Loiters or remains on a public roadway maintained |
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| 86 | | - | by the state or, the right-of-way of a public roadway |
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| 87 | | - | maintained by the state , or any area within 30 feet of any |
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| 88 | | - | interchange involving a controlled-access or limited-access |
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| 89 | | - | highway. An "interchange" is defined as a system of |
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| 90 | | - | interconnecting roadways providing for traffic movement |
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| 91 | | - | between two or more roadways that do not intersect at grade. |
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| 92 | | - | (b) A person does not commit a crime under subdivision |
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| 93 | | - | (a)(4) if he or she is going to or from or staying at a |
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| 94 | | - | masquerade party, or is participating in a public parade or |
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| 95 | | - | presentation of an educational, religious, or historical |
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| 96 | | - | character or in an event as defined in Section 13A-11-140. |
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| 97 | | - | (c) Sodomy in subdivision (a)(3) is defined as in |
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| 69 | + | does not require approval of a local governmental |
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| 70 | + | entity or enactment by a 2/3 vote to become effective |
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| 71 | + | because it comes within one of the specified exceptions |
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| 72 | + | contained in the section. |
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| 73 | + | A BILL |
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| 74 | + | TO BE ENTITLED |
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| 75 | + | AN ACT |
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| 76 | + | Relating to crimes and offenses; to amend Section |
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| 77 | + | 13A-11-9, Code of Alabama 1975, as last amended by Act |
|---|
| 78 | + | 2023-245 of the 2023 Regular Session; to further provide for |
|---|
| 79 | + | the crime of loitering; to provide criminal penalties for |
|---|
| 80 | + | violations; and in connection therewith would have as its |
|---|
| 81 | + | purpose or effect the requirement of a new or increased |
|---|
| 82 | + | expenditure of local funds within the meaning of Section |
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| 83 | + | 111.05 of the Constitution of Alabama of 2022. |
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| 84 | + | BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
|---|
| 85 | + | Section 1. Section 13A-11-9, Code of Alabama 1975, as |
|---|
| 86 | + | last amended by Act 2023-245, 2023 Regular Session, is amended |
|---|
| 87 | + | to read as follows: |
|---|
| 88 | + | "§13A-11-9 |
|---|
| 89 | + | (a) A person commits the crime of loitering if he or |
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| 90 | + | she does any of the following: |
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| 91 | + | (1) Loiters, remains, or wanders about in a public |
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| 92 | + | place for the purpose of begging. |
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| 93 | + | (2) Loiters or remains in a public place for the |
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| 94 | + | purpose of gambling. |
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| 127 | | - | (c) Sodomy in subdivision (a)(3) is defined as in |
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| 128 | | - | Section 13A-6-60. |
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| 129 | | - | (d) Dangerous drug in subdivision (a)(7) means any |
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| 130 | | - | narcotic, drug, or controlled substance as defined in Chapter |
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| 131 | | - | 2 of Title 20 and any schedule incorporated therein. |
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| 132 | | - | (e) Loitering is a violation. A second or subsequent |
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| 133 | | - | violation of this section in the same jurisdiction is a Class |
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| 134 | | - | C misdemeanor. |
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| 135 | | - | (f)(1) Prior to making an arrest for a violation of |
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| 136 | | - | subdivision (a)(1)(a)(8), a law enforcement officer may |
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| 137 | | - | instruct any person in violation of subdivision (a)(1)(a)(8) |
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| 138 | | - | to immediately and peaceably exit the public roadway |
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| 139 | | - | maintained by the state or the right-of-way of the public |
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| 140 | | - | roadway maintained by the state. |
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| 141 | | - | (2)a. Prior to making an arrest for an initial |
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| 142 | | - | violation of subdivision (a)(1)(a)(8), a law enforcement |
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| 143 | | - | officer may offer to transport any person in violation of |
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| 144 | | - | subdivision (a)(1)(a)(8) to a location in the jurisdiction |
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| 145 | | - | that offers emergency housing, if applicable. |
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| 146 | | - | b. If a person accepts an offer made pursuant to |
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| 147 | | - | subdivision (1), a law enforcement officer may transport the |
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| 148 | | - | person accordingly. |
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| 149 | | - | (g) Any actions undertaken by a law enforcement officer |
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| 150 | | - | pursuant to this section shall be subject to Section 36-1-12." |
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| 151 | | - | Section 2. Although this bill would have as its purpose |
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| 152 | | - | or effect the requirement of a new or increased expenditure of |
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| 153 | | - | local funds, the bill is excluded from further requirements |
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| 154 | | - | and application under Section 111.05 of the Constitution of |
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| 155 | | - | Alabama of 2022, because the bill defines a new crime or |
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| 124 | + | purpose of gambling. |
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| 125 | + | (3) Loiters or remains in a public place for the |
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| 126 | + | purpose of engaging or soliciting another person to engage in |
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| 127 | + | prostitution or sodomy. |
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| 128 | + | (4) Being masked, loiters, remains, or congregates in a |
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| 129 | + | public place. |
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| 130 | + | (5) Loiters or remains in or about a school, college, |
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| 131 | + | or university building or grounds after having been told to |
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| 132 | + | leave by any authorized official of the school, college, or |
|---|
| 133 | + | university, not having any reason or relationship involving |
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| 134 | + | custody of or responsibility for a pupil or any other |
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| 135 | + | specific, legitimate reason for being there, and not having |
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| 136 | + | written permission from a school, college, or university |
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| 137 | + | administrator. |
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| 138 | + | (6) Loiters or remains in any transportation facility, |
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| 139 | + | unless specifically authorized to do so, for the purpose of |
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| 140 | + | soliciting or engaging in any business, trade, or commercial |
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| 141 | + | transactions involving the sale of merchandise or services. |
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| 142 | + | (7) Loiters or remains in any place with one or more |
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| 143 | + | persons for the purpose of unlawfully using or possessing a |
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| 144 | + | dangerous drug. |
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| 145 | + | (8) Loiters or remains on a public roadway maintained |
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| 146 | + | by the state or, the right-of-way of a public roadway |
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| 147 | + | maintained by the state , or any area within 30 feet of any |
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| 148 | + | interchange involving a controlled-access or limited-access |
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| 149 | + | highway. |
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| 150 | + | (b) A person does not commit a crime under subdivision |
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| 151 | + | (a)(4) if he or she is going to or from or staying at a |
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| 152 | + | masquerade party, or is participating in a public parade or |
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| 185 | | - | Alabama of 2022, because the bill defines a new crime or |
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| 186 | | - | amends the definition of an existing crime. |
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| 187 | | - | Section 3. This act shall become effective on June 1, |
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| 188 | | - | 2024. |
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| 182 | + | masquerade party, or is participating in a public parade or |
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| 183 | + | presentation of an educational, religious, or historical |
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| 184 | + | character or in an event as defined in Section 13A-11-140. |
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| 185 | + | (c) Sodomy in subdivision (a)(3) is defined as in |
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| 186 | + | Section 13A-6-60. |
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| 187 | + | (d) Dangerous drug in subdivision (a)(7) means any |
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| 188 | + | narcotic, drug, or controlled substance as defined in Chapter |
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| 189 | + | 2 of Title 20 and any schedule incorporated therein. |
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| 190 | + | (e) Loitering is a violation. A second or subsequent |
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| 191 | + | violation of this section in the same jurisdiction is a Class |
|---|
| 192 | + | C misdemeanor. |
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| 193 | + | (f)(1) Prior to making an arrest for a violation of |
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| 194 | + | subdivision (a)(1)(a)(8), a law enforcement officer may |
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| 195 | + | instruct any person in violation of subdivision (a)(1)(a)(8) |
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| 196 | + | to immediately and peaceably exit the public roadway |
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| 197 | + | maintained by the state or the right-of-way of the public |
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| 198 | + | roadway maintained by the state. |
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| 199 | + | (2)a. Prior to making an arrest for an initial |
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| 200 | + | violation of subdivision (a)(1)(a)(8), a law enforcement |
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| 201 | + | officer may offer to transport any person in violation of |
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| 202 | + | subdivision (a)(1)(a)(8) to a location in the jurisdiction |
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| 203 | + | that offers emergency housing, if applicable. |
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| 204 | + | b. If a person accepts an offer made pursuant to |
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| 205 | + | subdivision (1), a law enforcement officer may transport the |
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| 206 | + | person accordingly. |
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| 207 | + | (g) Any actions undertaken by a law enforcement officer |
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| 208 | + | pursuant to this section shall be subject to Section 36-1-12." |
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| 209 | + | Section 2. Although this bill would have as its purpose |
|---|
| 210 | + | or effect the requirement of a new or increased expenditure of |
|---|