Alabama 2025 Regular Session

Alabama Senate Bill SB81 Compare Versions

Only one version of the bill is available at this time.

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1	1	SB81INTRODUCED
2	2	Page 0
3	3	SB81
4	4	EMBH2C2-1
5	5	By Senators Kelley, Beasley, Kitchens
6	6	RFD: Judiciary
7	7	First Read: 04-Feb-25
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12	12	5 EMBH2C2-1 01/08/2025 CNB (L)bm 2024-2319
13	13	Page 1
14	14	First Read: 04-Feb-25
15	15	SYNOPSIS:
16	16	Under existing law, it is unlawful for certain
17	17	employees to engage in sexual conduct with a person in
18	18	the custody of the Department of Corrections, the
19	19	Department of Youth Services, a sheriff, a county, or a
20	20	municipality.
21	21	This bill would make it unlawful for any person
22	22	who has access to a person in custody by virtue of his
23	23	or her profession to engage in sexual conduct with a
24	24	person in the custody of the Department of Corrections,
25	25	the Department of Youth Services, a sheriff, a county,
26	26	or a municipality .
27	27	A BILL
28	28	TO BE ENTITLED
29	29	AN ACT
30	30	Relating to custodial sexual misconduct; to amend
31	31	Section 14-11-31, Code of Alabama 1975, to prohibit any person
32	32	who has access to a person in custody by virtue of his or her
33	33	profession to engage in sexual conduct with a person who is in
34	34	the custody of the Department of Corrections, the Department
35	35	of Youth Services, a sheriff, a county, or a municipality.
36	36	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
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64	64	28 SB81 INTRODUCED
65	65	Page 2
66	66	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
67	67	Section 1. Section 14-11-31, Code of Alabama 1975, is
68	68	amended to read as follows:
69	69	"§14-11-31
70	70	(a) It shall be unlawful for any person who has access
71	71	to a person in custody by virtue of his or her profession or
72	72	any employee to engage in sexual conduct with a person who is
73	73	in the custody of the Department of Corrections, the
74	74	Department of Youth Services, a sheriff, a county, or a
75	75	municipality.
76	76	(b) It shall be unlawful for any probation or parole
77	77	officer to engage in sexual conduct with a person who is under
78	78	the supervisory, disciplinary, or custodial authority of the
79	79	officer engaging in the sexual conduct with the person.
80	80	(c) Any person violating subsection (a) or (b) shall,
81	81	upon conviction, shall be guilty of custodial sexual
82	82	misconduct.
83	83	(d) Custodial sexual misconduct is a Class C felony.
84	84	(e) For purposes of this article, the consent of the
85	85	person in custody of the Department of Corrections, the
86	86	Department of Youth Services, a sheriff, a county, or a
87	87	municipality, or a person who is on probation or on parole,
88	88	shall not be a defense to a prosecution under this article."
89	89	Section 2. This act shall become effective on October
90	90	1, 2025.
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