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SB203 ENROLLED
Page 0
SB203
XD1QDE7-2
By Senators Figures, Chambliss, Hatcher, Coleman, Singleton,
Stewart, Bell, Kelley, Chesteen, Price, Williams, Weaver,
Elliott, Hovey, Waggoner, Kitchens, Carnley, Givhan, Melson,
Sessions, Jones, Smitherman, Woods, Beasley, Livingston,
Butler, Gudger, Stutts, Allen, Roberts, Albritton
RFD: Judiciary
First Read: 21-Jan-26
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First Read: 21-Jan-26
Enrolled, An Act,
Relating to criminal law and procedure; to amend
Sections 13A-6-43, 13A-6-44, 13A-6-68, 13A-6-111, 13A-6-124,
and 13A-6-243, Code of Alabama 1975, to further provide for
the affirmative defenses to offenses of kidnapping in the
first and second degrees; to expand the offenses of indecent
exposure, directing a child to engage in sexual intercourse or
sodomy, traveling to meet a child for an unlawful sex act, and
directing a child to engage in sexual contact to include
additional child victims; to further provide for the offense
of transmitting obscene material to a child by computer to
specify that the offense may be consummated if undercover
agents are involved; to amend Sections 15-20A-5 and 15-25-31,
Code of Alabama 1975, to further define the term "sex offense"
to include voyeurism; to further provide for the admissibility
of out-of-court statements made by children; to establish the
crime of inpatient custodial sexual misconduct and provide
criminal penalties for a violation; to amend Section
12-21-148, Code of Alabama 1975, to further provide for the
use of a certified facility dog in court proceedings; to amend
Sections 15-20A-6 and 15-20A-44, Code of Alabama 1975, to make
conforming changes; to amend Sections 26-14-3, Code of Alabam
1975, to further provide for the circumstances when a
mandatory reporter must submit a report to a duly constituted
authority; to further provide for the timeline of submitting
reports; to provide an enhanced penalty for subsequent
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reports; to provide an enhanced penalty for subsequent
violations; to further provide for the commencement of
prosecution; and to make nonsubstantive, technical revisions
to update the existing code language to current style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 13A-6-43, 13A-6-44, 13A-6-68,
13A-6-111, 13A-6-124, and 13A-6-243, Code of Alabama 1975, are
amended to read as follows:
"§13A-6-43
(a) A person commits the crime of kidnapping in the
first degree if he or she abducts another person with intent
to do any of the following:
(1) Hold him or her for ransom or reward ; or.
(2) Use him or her as a shield or hostage ; or.
(3) Accomplish or aid the commission of any felony or
flight therefrom ; or.
(4) Inflict physical injury upon him or her , or to
violate or abuse him or her sexually ; or.
(5) Terrorize him or her or a third person ; or.
(6) Interfere with the performance of any governmental
or political function.
(b) A person does not commit the crime of kidnapping in
the first degree if he voluntarily releases the victim alive,
and not suffering from serious physical injury, in a safe
place prior to apprehension. The burden of injecting the issue
of voluntary safe release is on the defendant, but this does
not shift the burden of proof. This subsection does not apply
to a prosecution for or preclude a conviction of kidnapping in
the second degree or any other crime.
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the second degree or any other crime.
(c)(b) Kidnapping in the first degree is a Class A
felony."
"§13A-6-44
(a) A person commits the crime of kidnapping in the
second degree if he or she abducts another person using, or
with the intent to use, deception, physical force, or deadly
physical force .
(b) A person does not commit a crime under this section
if:
(1) The abduction is not coupled with intent to use or
to threaten to use deadly force,
(2) The actor is a relative of the person abducted, and
(3) The (b)(1) It is an affirmative defense to a
violation of this section if the actor's sole purpose is to
assume lawful control of that person.
(2) The burden of injecting the issue of defense under
this subsection is on the defendant, but this does not shift
the burden of proof.
(c) Kidnapping in the second degree is a Class B
felony."
"§13A-6-68
(a) A person commits the crime of indecent exposure if,
with intent to arouse or gratify sexual desire of himself or
herself, or of any person other than his or her spouse, he or
she exposes his or her genitals under circumstances in which
he or she knows the conduct is likely to cause affront or
alarm.
(b)(1) Indecent exposure is a Class A misdemeanor
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(b)(1) Indecent exposure is a Class A misdemeanor
except a third or subsequent conviction shall be .
(2) Notwithstanding subdivision (1), indecent exposure
is a Class C felony under either of the following
circumstances:
a. If any victim of the offense is under 12 years of
age.
b. If the person has two or more prior convictions
under this article. "
"§13A-6-111
(a) A person is guilty of transmitting obscene material
to a child if the person transmits to a child, or another
person believed by the defendant to be a child , by means of
any cellular device, online application, computer
communication system allowing the input, output, examination,
or transfer of computer programs from one computer to another,
or any other electronic means, material which, in whole or in
part, depicts actual or simulated nudity, sexual conduct, or
sadomasochistic abuse, for the purpose of initiating or
engaging in sexual acts sexual conduct pursuant to Section
13A-12-200.1, sexual performance, or a sex offense pursuant to
Section 15-20A-5 with the child.
(b) For the purposes of this section, a "child"
includes any person under 17 years of age.
(c) For purposes of determining jurisdiction, the
offense is committed in this state if the transmission that
constitutes the offense either originates in this state or is
received in this state and shall be considered to be committed
in any county in which any part of the crime took place or in
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in any county in which any part of the crime took place or in
the county of residence of the victim or defendant .
(d) A person charged under this section shall be tried
as an adult and the record of the proceeding shall not be
sealed nor subject to expungement.
(e) It shall not be a defense to prosecution under this
section that an undercover operative or law enforcement
officer was involved in the detection and investigation of an
offense.
(f)(e) Transmitting obscene material of engaging in
sexual intercourse, sodomy, or to engage in a sexual
performance, obscene sexual performance, or sexual conduct for
his or her benefit to a child A violation of this section is a
Class B felony."
"§13A-6-124
(a) Any person who travels either within this state, to
this state, or from this state by any means, who attempts to
do so, or who knowingly causes another to do so or to attempt
to do so for the purpose of engaging in any unlawful sex act
with a child, or another person believed by the defendant to
be a child, including sexual intercourse, sodomy, a sexual
conduct pursuant to Section 13A-12-200.1, sexual performance,
obscene sexual performance, or other sexual conduct or a sex
offense pursuant to Section 15-20A-5 for his or her benefit or
for the benefit of another shall be guilty of traveling to
meet a child for an unlawful sex act.
(b) Any person who violates this section commits a
Class A felony. Notwithstanding any law to the contrary, a
conviction under this section shall be considered a criminal
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conviction under this section shall be considered a criminal
sex offense under Section 15-20-21. "
"§13A-6-243
(a)(1) A person commits the crime of directing a child
to engage in sexual intercourse or sodomy if he or she
knowingly entices, allures, persuades, induces, or directs any
person under the age of 12 years of the following to engage in
sexual intercourse or sodomy with another person :
a. A child under 12 years of age .
b. A child 12 or more years of age, but less than 16
years of age, provided the child is two or more years younger
than the other person.
(2) Directing a child to engage in sexual intercourse
or sodomy is a Class A felony.
(b)(1) A person commits the crime of directing a child
to engage in sexual contact if he or she knowingly entices,
allures, persuades, induces, or directs any person under the
age of 12 years of the following to engage in sexual contact
with another person :
a. A child under 12 years of age .
b. A child 12 or more years of age, but less than 16
years of age, provided the child is two or more years younger
than the other person.
(2) A violation of this section Directing a child to
engage in sexual contact is a Class B felony."
Section 2. It shall not be a defense to prosecution
under Article 6 of Chapter 6 of Title 13A, Code of Alabama
1975, that an undercover operative or law enforcement officer
was involved in the detection and investigation of an offense.
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was involved in the detection and investigation of an offense.
Section 3. Sections 15-20A-5 and 15-25-31, Code of
Alabama 1975, are amended to read as follows:
"§15-20A-5
For the purposes of this chapter, a sex offense
includes any of the following offenses:
(1) Rape in the first degree, as provided by Section
13A-6-61.
(2) Rape in the second degree, as provided by Section
13A-6-62. A juvenile sex offender adjudicated delinquent of a
violation of rape in the second degree is presumed to be
exempt from this chapter after the juvenile has been counseled
on the dangers of the conduct for which he or she was
adjudicated delinquent unless the sentencing court makes a
determination that the juvenile sex offender is to be subject
to this chapter.
(3) Sodomy in the first degree, as provided by Section
13A-6-63.
(4) Sodomy in the second degree, as provided by Section
13A-6-64. A juvenile sex offender adjudicated delinquent of a
violation of sodomy in the second degree is presumed to be
exempt from this chapter after the juvenile has been counseled
on the dangers of the conduct for which he or she was
adjudicated delinquent unless the sentencing court makes a
determination that the juvenile sex offender is to be subject
to this chapter.
(5) Sexual misconduct, as provided by Section 13A-6-65,
provided that on a first conviction or adjudication the sex
offender is only subject to registration and verification
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offender is only subject to registration and verification
pursuant to this chapter. On a second or subsequent conviction
or adjudication of a sex offense, if the second or subsequent
conviction or adjudication does not arise out of the same set
of facts and circumstances as the first conviction or
adjudication of a sex offense, the sex offender shall comply
with all requirements of this chapter. A juvenile sex offender
adjudicated delinquent of a violation of sexual misconduct is
presumed to be exempt from this chapter after the juvenile has
been counseled on the dangers of the conduct for which he or
she was adjudicated delinquent unless the sentencing court
makes a determination that the juvenile sex offender is to be
subject to this chapter.
(6) Sexual torture, as provided by Section 13A-6-65.1.
(7) Sexual abuse in the first degree, as provided by
Section 13A-6-66.
(8) Sexual abuse in the second degree, as provided by
Section 13A-6-67.
(9) Indecent exposure, as provided by Section 13A-6-68,
provided that on a first conviction or adjudication of a sex
offense, the sex offender is only subject to registration and
verification pursuant to this chapter. On a second or
subsequent conviction or adjudication of a sex offense, if the
second or subsequent conviction or adjudication does not arise
out of the same set of facts and circumstances as the first
conviction or adjudication, the sex offender shall comply with
all requirements of this chapter. A juvenile sex offender
adjudicated of a violation of indecent exposure is presumed to
be exempt from this chapter after the juvenile has been
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be exempt from this chapter after the juvenile has been
counseled on the dangers of the conduct for which he or she
was adjudicated delinquent unless the sentencing court makes a
determination that the juvenile sex offender is to be subject
to this chapter.
(10) Enticing a child to enter a vehicle, room, house,
office, or other place for immoral purposes, as provided by
Section 13A-6-69.
(11) Sexual abuse of a child less than 12 years old, as
provided by Section 13A-6-69.1.
(12) Promoting prostitution in the first degree, as
provided by Section 13A-12-111.
(13) Promoting prostitution in the second degree, as
provided by Section 13A-12-112.
(14) Violation of the Alabama Child Pornography Act, as
provided by Section 13A-12-191, 13A-12-192, 13A-12-196, or
13A-12-197. A juvenile sex offender adjudicated delinquent of
a violation of the Alabama Child Pornography Act is presumed
to be exempt from this chapter after the juvenile has been
counseled on the dangers of the conduct for which he or she
was adjudicated delinquent unless the sentencing court makes a
determination that the juvenile sex offender is to be subject
to this chapter.
(15) Unlawful imprisonment in the first degree, as
provided by Section 13A-6-41, if the victim of the offense is
a minor, and the record of adjudication or conviction reflects
the intent of the unlawful imprisonment was to abuse the minor
sexually.
(16) Unlawful imprisonment in the second degree, as
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(16) Unlawful imprisonment in the second degree, as
provided by Section 13A-6-42, if the victim of the offense is
a minor, and the record of adjudication or conviction reflects
the intent of the unlawful imprisonment was to abuse the minor
sexually.
(17) Kidnapping in the first degree, as provided by
subdivision (4) of subsection (a) of Section 13A-6-43, if the
intent of the abduction is to violate or abuse the victim
sexually.
(18) Kidnapping of a minor, except by a parent,
guardian, or custodian, as provided by Section 13A-6-43 or
13A-6-44.
(19) Incest, as provided by Section 13A-13-3.
(20) Transmitting obscene material to a child by
computer, as provided by Section 13A-6-111.
(21) School employee engaging in a sex act or deviant
sexual intercourse with a student, or having sexual contact or
soliciting a sex act or sexual contact with a student, as
provided by Sections 13A-6-81 and 13A-6-82.
(22) Foster parent engaging in a sex act, having sexual
contact, or soliciting a sex act or sexual contact with a
foster child, as provided by Section 13A-6-71.
(23) Facilitating solicitation of unlawful sexual
conduct with a child, as provided by Section 13A-6-121.
(24) Electronic solicitation of a child, as provided by
Section 13A-6-122.
(25) Facilitating the on-line solicitation of a child,
as provided by Section 13A-6-123.
(26) Traveling to meet a child for an unlawful sex act,
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(26) Traveling to meet a child for an unlawful sex act,
as provided by Section 13A-6-124.
(27) Facilitating the travel of a child for an unlawful
sex act, as provided by Section 13A-6-125.
(28) Human trafficking in the first degree, as provided
by Section 13A-6-152, provided that the offense involves
sexual servitude.
(29) Human trafficking in the second degree, as
provided by Section 13A-6-153, provided that the offense
involves sexual servitude.
(30) Custodial sexual misconduct, as provided by
Section 14-11-31.
(31) Sexual extortion, as provided by Section
13A-6-241.
(32) Directing a child to engage in a sex act, as
provided in Section 13A-6-243.
(33) Voyeurism in the first degree, as provided in
Section 13A-11-41.
(33)(34) Any offense which is the same as or equivalent
to any offense set forth above as the same existed and was
defined under the laws of this state existing at the time of
such conviction, specifically including, but not limited to,
crime against nature, as provided by Section 13-1-110; rape,
as provided by Sections 13-1-130 and 13-1-131; carnal
knowledge of a woman or girl, as provided by Sections 13-1-132
through 13-1-135, or attempting to do so, as provided by
Section 13-1-136; indecent molestation of children, as defined
and provided by Section 13-1-113; indecent exposure, as
provided by Section 13-1-111; incest, as provided by Section
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provided by Section 13-1-111; incest, as provided by Section
13-8-3; offenses relative to obscene prints and literature, as
provided by Sections 13-7-160 through 13-7-175, inclusive;
employing, harboring, procuring or using a girl over 10 and
under 18 years of age for the purpose of prostitution or
sexual intercourse, as provided by Section 13-7-1; seduction,
as defined and provided by Section 13-1-112; a male person
peeping into a room occupied by a female, as provided by
Section 13-6-6; assault with intent to ravish, as provided by
Section 13-1-46; and soliciting a child by computer, as
provided by Section 13A-6-110.
(34)(35) Any solicitation, attempt, or conspiracy to
commit any of the offenses listed in subdivisions (1) to
(33)(34), inclusive.
(35)(36) Any crime committed in Alabama or any other
state, the District of Columbia, any United States territory,
or a federal, military, Indian, or foreign country
jurisdiction which, if it had been committed in this state
under the current provisions of law, would constitute an
offense listed in subdivisions (1) to (34)(35), inclusive.
(36)(37) Any offense specified by Title I of the
federal Adam Walsh Child Protection and Safety Act of 2006
(Pub. L. 109-248, the Sex Offender Registration and
Notification Act (SORNA)).
(37)(38) Any crime committed in another state, the
District of Columbia, any United States territory, or a
federal, military, Indian, or foreign country jurisdiction if
that jurisdiction also requires that anyone convicted of that
crime register as a sex offender in that jurisdiction.
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crime register as a sex offender in that jurisdiction.
(38)(39) Any offender determined in any jurisdiction to
be a sex offender shall be considered a sex offender in this
state.
(39)(40) The foregoing notwithstanding, any crime
committed in any jurisdiction which, irrespective of the
specific description or statutory elements thereof, is in any
way characterized or known as rape, carnal knowledge, sodomy,
sexual assault, sexual battery, criminal sexual conduct,
criminal sexual contact, sexual abuse, continuous sexual
abuse, sexual torture, solicitation of a child, enticing or
luring a child, child pornography, lewd and lascivious
conduct, taking indecent liberties with a child, molestation
of a child, criminal sexual misconduct, video voyeurism, or
there has been a finding of sexual motivation.
(40)(41) Any crime not listed in this section wherein
the underlying felony is an element of the offense and listed
in subdivisions (1) to (39)(40), inclusive.
(41)(42) Any other offense not provided for in this
section wherein there is a finding of sexual motivation as
provided by Section 15-20A-6."
"§15-25-31
An out-of-court statement made by a witness or a victim
who is a child under 12 18 years of age at the time the
statement is made, or by a protected person as defined in
Section 15-25-1, concerning an act that is a material element
of any crime involving a physical offense, sexual offense, or
violent offense, as defined in Section 15-25-39, which
statement is not otherwise admissible in evidence, is
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statement is not otherwise admissible in evidence, is
admissible in evidence in criminal any court proceedings, if
the requirements of Section 15-25-32 are met. "
Section 4. (a) As used in this section, the following
terms have the following meanings:
(1) EMPLOYEE. Any individual who is an employee,
contractual employee, or volunteer at an inpatient substance
use disorder treatment program or inpatient mental health
facility and who has the responsibility for the care,
treatment, control, or supervision of patients in the
facility.
(2) PATIENT. Any individual who is a patient in an
inpatient substance use disorder treatment program, where the
individual is not allowed unsupervised access to the public,
or who is committed to an inpatient mental health facility.
(3) SEXUAL CONDUCT. The term as defined in Section
14-11-30, Code of Alabama 1975.
(b) A person commits the crime of inpatient custodial
sexual misconduct if the person is an employee and solicits or
engages in sexual conduct with any other person who is a
patient at an inpatient substance use disorder treatment
facility or committed to an inpatient mental health facility
pursuant to Article 1, Chapter 52, Title 22, Code of Alabama
1975.
(c) A violation of this section is a Class C felony.
(d)(1) It is the public policy of the state to prohibit
without exception all inpatient custodial sexual misconduct.
(2) For purposes of prosecution under this section,
consent is not a defense and the issue of whether a patient in
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consent is not a defense and the issue of whether a patient in
an inpatient substance use disorder treatment program or
inpatient mental health facility consented to any sexual
conduct is immaterial.
Section 5. Sections 12-21-148, 15-20A-6, and 15-20A-44,
Code of Alabama 1975, are amended to make conforming changes
as follows:
"§12-21-148
(a) For the purposes of this section, the following
terms shall have the following meanings:
(1) CERTIFIED FACILITY DOG. A trained working dog that
is a graduate of an assistance dog organization, a nonprofit
organization that sets standards of training for the health,
welfare, task work, and oversight for assistance dogs and
their handlers, and shall have at a minimum all of the
following:
a. Two years of training and must have passed the same
public-access test as a service dog.
b. Documentation showing that the certified facility
dog has graduated from an assistance dog organization.
c. A current annual certificate of health from an
Alabama veterinarian.
d. Proof of liability insurance in the minimum amount
of five hundred thousand dollars ($500,000).
(2) CERTIFIED HANDLER. A certified handler who has
received training from an assistance dog organization and has
received training on the protocols and policies of legal
proceedings and the role of the certified facility dog and
certified handler to assure there is no interference with the
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certified handler to assure there is no interference with the
collection of evidence and testimony, or the administration of
justice.
(b) In a legal proceeding, to reduce the stress of a
witness and to enhance the ability of the court to obtain full
and accurate testimony, the court may allow a certified
facility dog to accompany a victim or witness while
testifying, or in other court proceedings, if a certified
facility dog is available.
(c) If the court, in its sole discretion, grants the
use of a certified facility dog, and a jury has been empaneled
in the legal proceeding, the certified facility dog shall be
accompanied by the certified handler to the witness stand with
the witness outside of the presence of the jury, and the
certified handler shall return to his or her position in the
courtroom within view of the witness stand. Subsequently , the
jury shall be seated and the court shall instruct the jury on
the presence of the certified facility dog and that the
presence of a certified facility dog should not create any
prejudice to any party.
(d) During trial proceedings, all precautions should be
taken to obscure the presence of the dog from the jury.
(e) Markings identifying the dog as a certified
facility dog while working must be visible.
(f) Subject to the Alabama Rules of Criminal Procedure,
if requested by either party in a legal proceeding, the court
may examine and confirm the credentials of the certified
facility dog and certified handler.
(g) Prior to the use of a certified facility dog in a
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(g) Prior to the use of a certified facility dog in a
court proceeding , the state or moving party must file a notice
of intent to use the registered therapy certified facility
dog."
"§15-20A-6
(a)(1) The indictment, count in the indictment,
information, complaint , or warrant charging the offense may
include a specification of sexual motivation or the
prosecuting attorney may file an allegation of sexual
motivation in any criminal case classified as a felony or
Class A misdemeanor if sufficient admissible evidence exists
that would justify a finding of sexual motivation by a
reasonable and objective finder of fact.
(2) If a specification is included in the indictment,
count in the indictment, information, complaint, or warrant
charging the offense , the specification shall be stated at the
end of the body of the indictment, count in the indictment,
information, complaint, or warrant and shall be in
substantially the following form: "SPECIFICATION or
SPECIFICATION TO THE FIRST COUNT. The Grand Jurors (or insert
appropriate name) further find and specify that the offender
committed the offense with a sexual motivation."
(3) If the prosecuting attorney files an allegation of
sexual motivation, it shall be filed within a reasonable time
after indictment to give sufficient notice to the defendant.
(b) If the indictment, count of the indictment,
information, complaint, or warrant charging the offense
includes a specification of sexual motivation or if the
prosecuting attorney files an allegation of sexual motivation,
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prosecuting attorney files an allegation of sexual motivation,
the state shall prove beyond a reasonable doubt that the
defendant committed the offense with a sexual motivation.
(c) The court shall make a written finding of fact, to
be made part of the record upon conviction or adjudication as
a youthful offender, of whether or not a sexual motivation was
present at the time of the commission of the offense unless
the defendant has a trial by jury.
(d) If a defendant has a trial by jury, the jury, if it
finds the defendant guilty, shall also find a special verdict
as to whether or not the defendant committed the crime with a
sexual motivation.
(e) If there is a finding of sexual motivation, the
finding shall be made part of the record of conviction or
adjudication.
(f) For purposes of this section, sexual motivation
means that one of the purposes for which the defendant
committed the crime was for the purpose of the sexual
gratification of the defendant.
(g) This section shall not apply to sex offenses as
defined in subdivisions (1) to (40)(41), inclusive, of Section
15-20A-5."
"§15-20A-44
(a) The Secretary of the Alabama State Law Enforcement
Agency shall adopt rules establishing an administrative
hearing for persons who are only made subject to this chapter
pursuant to subdivision (35)(36) of Section 15-20A-5.
(b) The Secretary of the Alabama State Law Enforcement
Agency shall adopt rules setting forth a listing of offenses
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Agency shall adopt rules setting forth a listing of offenses
from other jurisdictions that are to be considered criminal
sex offenses under subdivision (35)(36) of Section 15-20A-5.
Thereafter, any individual convicted of any offense set forth
in the listing shall immediately be subject to this chapter
and shall not be entitled to an administrative hearing as
provided in subsection (a).
(c) The Secretary of the Alabama State Law Enforcement
Agency may adopt any rules as are necessary to implement and
enforce this chapter."
Section 6. Section 26-14-3, Code of Alabama 1975, is
amended to read as follows:
"§26-14-3
(a) All hospitals, clinics, sanitariums, doctors,
physicians, surgeons, medical examiners, coroners, dentists,
osteopaths, optometrists, chiropractors, podiatrists, physical
therapists, nurses, public and private K-12 employees, school
teachers and officials, peace officers, law enforcement
officials, pharmacists, social workers, day care workers or
employees, mental health professionals, employees of public
and private institutions of postsecondary and higher
education, members of the clergy as defined in Rule 505 of the
Alabama Rules of Evidence, or any other person called upon to
render aid or medical assistance to any child, when the child
is known or suspected to be a victim of child abuse or
neglect, shall be required to report orally, either by
telephone or direct communication immediately, and shall be
followed by a written report, to a duly constituted
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followed by a written report, to a duly constituted
authority. (1) An individual or entity identified in
subdivision (2) shall submit an oral report to a law
enforcement official or the Department of Human Resources
immediately upon knowing or suspecting that a child is a
victim of child abuse or neglect, receiving a report from a
third party that a child is or is suspected of being a victim
of child abuse or neglect, or obtaining any other information
that would lead a reasonable person to believe or suspect that
a child is a victim of child abuse or neglect. The individual
or entity shall submit an additional written report to the
official or department within 72 hours of the oral report.
(2) All of the following are subject to the
requirements of subdivision (1):
a. A hospital.
b. A clinic.
c. A sanitarium.
d. A doctor.
e. A physician.
f. A surgeon.
g. A medical examiner.
h. A coroner.
i. A dentist.
j. An osteopath.
k. An optometrist.
l. A chiropractor.
m. A podiatrist.
n. A physical therapist.
o. A nurse.
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o. A nurse.
p. A public or private K-12 school employee.
q. A school teacher.
r. A school official.
s. A peace officer.
t. A law enforcement official.
u. A pharmacist.
v. A social worker.
w. A day care worker or employee.
x. A mental health professional.
y. An employee of a public or private institution of
postsecondary or higher education.
z. A member of the clergy as defined in Rule 505 of the
Alabama Rules of Evidence.
aa. Any other person called upon to render aid or
medical assistance to any child.
(b)(1) When an initial Immediately upon the receipt of
a report is made to a law enforcement official pursuant to
subsection (a) , the law enforcement official subsequently
shall inform the Department of Human Resources of the report
so that the department can carry out its responsibility to
provide protective services when deemed appropriate to the
respective child or children.
(2) As soon as is practicable after the receipt of a
report of known or suspected child abuse or neglect is made
pursuant to subsection (a) , the Department of Human Resources
shall make efforts to determine the military status of the
parent or guardian of the child who is the subject of the
child abuse or neglect allegation.
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child abuse or neglect allegation.
(3) If the Department of Human Resources determines
that a parent or guardian under subdivision (2) is in the
military, the department shall notify a United States
Department of Defense family advocacy program at the military
installation of the parent or guardian guardian's military
installation that there is an allegation of child abuse or
neglect that is being investigated that which involves a child
of the military parent or guardian.
(c) When the Department of Human Resources receives
initial reports of suspected abuse or neglect, as defined in
Section 26-14-1, including suspected abuse or neglect
involving discipline or corporal punishment committed in a
public or private school or suspected abuse or neglect in a
state-operated child residential facility, the Department of
Human Resources shall transmit a copy of school reports to the
law enforcement agency and or residential facility reports to
the law enforcement agency and the operating state agency
which shall conduct the investigation. When the investigation
is completed, a written report of the completed investigation
shall contain containing the information required by the
stateState Department of Human Resources which shall be
submitted by the law enforcement agency or the state agency to
the county department of human resources for entry into the
state's central registry.
(d) Nothing in this chapter shall preclude interagency
agreements between departments of human resources, law
enforcement, and or any other state agencies on procedures for
investigating reports of suspected child abuse and neglect to
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investigating reports of suspected child abuse and neglect to
provide for departments of human resources to assist law
enforcement and or other state agencies in these
investigations.
(e) Any provision of this section to the contrary
notwithstanding, if any agency or authority investigates any
report pursuant to this section and the report does not result
in a conviction, the agency or authority shall expunge any
record of the information or report and any data developed
from the record.
(f)(e) Subsection (a) to the contrary notwithstanding,
a member of the clergy shall not be required to report
information gained solely in a confidential communication
privileged pursuant to Rule 505 of the Alabama Rules of
Evidence , which and the communication shall continue to be
privileged as provided by law.
(g)(f)(1) Commencing on August 1, 2013, a public or
private employer who discharges, suspends, disciplines, or
penalizes an employee solely for reporting suspected child
abuse or neglect pursuant to this section shall be guilty of a
Class C misdemeanor.
(2) A violation of subdivision (1) following a previous
conviction for a violation of subdivision (1) shall be a Class
C felony.
(g)(1) A misdemeanor prosecution for a violation of
this section must be commenced within 12 months after the
violation was first reported to a law enforcement agency.
(2) A felony prosecution for a violation of this
section must be commenced within five years after the
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section must be commenced within five years after the
violation was first reported to a law enforcement agency. "
Section 7. This act shall become effective on October
1, 2026.
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1, 2026.
________________________________________________
President and Presiding Officer of the Senate
________________________________________________
Speaker of the House of Representatives
SB203
Senate 05-Feb-26
I hereby certify that the within Act originated in and passed
the Senate, as amended.
Patrick Harris,
Secretary.
House of Representatives
Amended and passed: 31-Mar-26
Senate concurred in House amendment 01-Apr-26
By: Senator Figures
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