SB89ENROLLED
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SB89
LLQEYYW-2
By Senator Smitherman
RFD: Judiciary
First Read: 13-Feb-24
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First Read: 13-Feb-24
Enrolled, An Act,
Relating to crimes and offenses; to amend Section
13A-11-9, Code of Alabama 1975, as last amended by Act
2023-245 of the 2023 Regular Session; to further provide for
the crime of loitering; 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 of 2022.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 13A-11-9, Code of Alabama 1975, as
last amended by Act 2023-245, 2023 Regular Session, is amended
to read as follows:
"ยง13A-11-9
(a) A person commits the crime of loitering if he or
she does any of the following:
(1) Loiters, remains, or wanders about in a public
place for the purpose of begging.
(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.
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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.
(8) Loiters or remains on a public roadway maintained
by the state or, the right-of-way of a public roadway
maintained by the state , or any area within 30 feet of any
interchange involving a controlled-access or limited-access
highway. An "interchange" is defined as a system of
interconnecting roadways providing for traffic movement
between two or more roadways that do not intersect at grade.
(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.
(c) Sodomy in subdivision (a)(3) is defined as in
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(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)(8), a law enforcement officer may
instruct any person in violation of subdivision (a)(1)(a)(8)
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)(8), a law enforcement
officer may offer to transport any person in violation of
subdivision (a)(1)(a)(8) 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."
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
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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 June 1,
2024.
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2024.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB89
Senate 29-Feb-24
I hereby certify that the within Act originated in and passed
the Senate.
Patrick Harris,
Secretary.
House of Representatives
Amended and passed: 25-Apr-24
Senate concurred in House amendment 30-Apr-24
By: Senator Smitherman
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