The bill amends Section 13A-11-9 of the Code of Alabama 1975, which pertains to the crime of loitering. The amendment includes a new provision that specifically prohibits loitering or remaining within 30 feet of any interchange involving a controlled-access or limited-access highway, with an "interchange" being defined as a system of interconnecting roadways allowing for traffic movement between two or more roadways that do not intersect at grade. The bill also outlines the definition of sodomy as in Section 13A-6-60 and dangerous drugs as defined in Chapter 2 of Title 20 and any schedule incorporated therein. Loitering is classified as a violation, with a second or subsequent violation in the same jurisdiction being a Class C misdemeanor.

The bill provides instructions for law enforcement officers before making an arrest for loitering, including the option to instruct individuals to exit the public roadway or right-of-way and the possibility of offering transportation to a location that offers emergency housing. The bill also states that any actions taken by law enforcement officers under this section are subject to Section 36-1-12. Despite the bill potentially requiring new or increased expenditure of local funds, it is excluded from further requirements under Section 111.05 of the Constitution of Alabama of 2022, because it defines a new crime or amends the definition of an existing crime. The act is set to become effective on June 1, 2024.

Statutes affected:
Introduced: 13A-11-9
Enrolled: 13A-11-9