1 HB30
2 207845-1
3 By Representative Estes
4 RFD: Judiciary
5 First Read: 02-FEB-21
6 PFD: 10/29/2020
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1 207845-1:n:08/18/2020:CNB/tj LSA2020-1671
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8 SYNOPSIS: Under current law, there is no statewide
9 registry for individuals convicted of terrorism.
10 This bill would create a statewide registry
11 for individuals convicted of certain federal
12 terrorism offenses and would provide for certain
13 information to be maintained in the registry,
14 provide for the time of registration, and require
15 local law enforcement agencies and the Alabama
16 State Law Enforcement Agency to register
17 individuals convicted of certain terrorism
18 offenses.
19 This bill would provide criminal penalties
20 for failure to register, provide for the
21 registration of homeless offenders, provide for a
22 searchable public website of offenders, establish
23 fees associated with registration, and provide
24 notification to law enforcement prior to certain
25 travel outside the state and the country.
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1 The bill would also require the Alabama
2 State Law Enforcement Agency to adopt rules to
3 implement and administer the registry.
4 Amendment 621 of the Constitution of Alabama
5 of 1901, now appearing as Section 111.05 of the
6 Official Recompilation of the Constitution of
7 Alabama of 1901, as amended, prohibits a general
8 law whose purpose or effect would be to require a
9 new or increased expenditure of local funds from
10 becoming effective with regard to a local
11 governmental entity without enactment by a 2/3 vote
12 unless: it comes within one of a number of
13 specified exceptions; it is approved by the
14 affected entity; or the Legislature appropriates
15 funds, or provides a local source of revenue, to
16 the entity for the purpose.
17 The purpose or effect of this bill would be
18 to require a new or increased expenditure of local
19 funds within the meaning of the amendment.
20 However, the bill does not require approval of a
21 local governmental entity or enactment by a 2/3
22 vote to become effective because it comes within
23 one of the specified exceptions contained in the
24 amendment.
25
26 A BILL
27 TO BE ENTITLED
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1 AN ACT
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3 Relating to terrorism; to add Article 7A, commencing
4 with Section 13A-10-160.01, to Chapter 10 of Title 13A, Code
5 of Alabama 1975; to create a statewide terrorism registry; to
6 specify the information to be maintained in the registry; to
7 provide for the time of registration; to require local law
8 enforcement agencies and the Alabama State Law Enforcement
9 Agency to register individuals convicted of terrorism; to
10 provide criminal penalties for failure to register; to provide
11 for the registration of homeless offenders; to provide for a
12 searchable public website of offenders; to establish fees
13 associated with registration; to provide notification to law
14 enforcement prior to certain travel outside the state and the
15 country; to require the Alabama State Law Enforcement Agency
16 to adopt rules to implement the registry; and in connection
17 therewith would have as its purpose or effect the requirement
18 of a new or increased expenditure of local funds within the
19 meaning of Amendment 621 of the Constitution of Alabama of
20 1901, now appearing as Section 111.05 of the Official
21 Recompilation of the Constitution of Alabama of 1901, as
22 amended.
23 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
24 Section 1. Article 7A, commencing with Section
25 13A-10-160.01, is added to Chapter 10 of Title 13A, Code of
26 Alabama 1975, to read as follows:
27 Article 7A. Terrorism Registration.
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1 13A-10-160.01.
2 This act shall be known and may be cited as "The
3 Mike Spann Tribute Law."
4 13A-10-160.02.
5 This article is applicable to a person convicted of
6 any federal terrorism offense under Chapter 113B of Part I of
7 Title 18 of the United States Code Annotated, without regard
8 to when the crime was committed or when the duty to register
9 arose.
10 13A-10-160.03.
11 For the purposes of this article, the following
12 terms shall have the following meanings:
13 (1) AGENCY. The Alabama State Law Enforcement
14 Agency.
15 (2) CONVICTION. A verdict or finding of guilt as the
16 result of a trial, a plea of guilty, a plea of nolo
17 contendere, or an Alford plea regardless of whether
18 adjudication was withheld. Conviction includes, but is not
19 limited to, a conviction in a United States territory, a
20 conviction in a federal or military tribunal, including a
21 court martial conducted by the Armed Forces of the United
22 States, a conviction for an offense committed on an Indian
23 reservation or other federal property, a conviction in any
24 state of the United States, or a conviction in a foreign
25 country if the foreign country's judicial system is such that
26 it satisfies minimum due process set forth in the guidelines
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1 under Section 111(5)(B) of Public Law 109-248. Cases on appeal
2 until reversed or overturned.
3 (3) IMMEDIATELY. Within three business days.
4 (4) LOCAL LAW ENFORCEMENT. The sheriff of the county
5 and the chief of police if the location subject to
6 registration is within the corporate limits of any
7 municipality, or, if applicable, the chief law enforcement
8 officer for a federally recognized Indian tribe.
9 (5) REGISTERING AGENCY. The person or government
10 entity whose duty it is to obtain information from a terrorism
11 offender and to transmit that information to the Alabama State
12 Law Enforcement Agency. For a terrorism offender being
13 released from federal prison and who intends to establish a
14 residence in this state, the Alabama State Law Enforcement
15 Agency is responsible for gathering information relating to
16 the offender.
17 (6) RESIDE. To be habitually or systematically
18 present at a place. Whether a person is residing at a place
19 shall be determined by the totality of the circumstances,
20 including the amount of time the person spends at the place
21 and the nature of the person's conduct at the place. The term
22 reside includes, but is not limited to, spending more than
23 four hours a day at the place on three or more consecutive
24 days; spending more than four hours a day at the place on 10
25 or more aggregate days during a calendar month; or spending
26 any amount of time at the place coupled with statements or
27 actions that indicate an intent to live at the place or to
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1 remain at the place for the periods specified in this
2 sentence. A person does not have to conduct an overnight visit
3 to reside at a place.
4 (7) RESIDENCE. A fixed residence or other place
5 where the person resides, regardless of whether the person
6 declares or characterizes the place as a residence.
7 (8) TERRORISM OFFENDER or OFFENDER. A person
8 convicted of any federal terrorism offense under Chapter 113B
9 of Part I of Title 18 of the United States Code Annotated.
10 13A-10-160.04.
11 (a) Except as provided in subsection (b), the
12 registering agency shall obtain the following information from
13 a terrorism offender when registering the offender:
14 (1) Name, including any aliases, nicknames, ethnic,
15 or tribal names.
16 (2) Date of birth.
17 (3) Social Security number.
18 (4) Address of each residence.
19 (5) Name and address of any school the terrorism
20 offender attends or will attend. For purposes of this
21 subdivision, a school includes an educational institution,
22 public or private, including a secondary school, a trade or
23 professional school, or an institution of higher education.
24 (6) Name and address of any employer where the
25 terrorism offender works or will work, including any transient
26 or day laborer information.
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1 (7) The license plate number, registration number or
2 identifier, description, and permanent or frequent location
3 where all vehicles that are used for work or personal use,
4 including land vehicles, aircraft, and watercraft are kept.
5 (8) Any telephone number used, including land line
6 and cell phone numbers.
7 (9) A current photograph.
8 (10) A physical description of the terrorism
9 offender, including physical appearance, physical
10 characteristics, and identifying marks, such as scars and
11 tattoos.
12 (11) Fingerprints and palm prints.
13 (12) A DNA sample. The DNA sample may be collected
14 by the agency, or a law enforcement officer, a sheriff, or a
15 police officer. Prior to collecting a DNA sample, the
16 registering agency or agency shall determine if a DNA sample
17 has already been collected for the terrorism offender. If a
18 DNA sample has not been previously collected for the terrorism
19 offender, the agency shall coordinate for the collection of a
20 DNA sample with the sheriff of the county in which the
21 terrorism offender resides. The collection of a DNA sample
22 shall be performed using materials recommended or provided by
23 the Alabama Department of Forensic Sciences. The DNA sample
24 shall be immediately forwarded by the entity collecting the
25 sample to the Department of Forensic Sciences.
26 (13) A photocopy of the valid driver license or
27 identification card.
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1 (14) A photocopy of any and all passport and
2 immigration documents.
3 (15) Any professional licensing information that
4 authorizes the terrorism offender to engage in an occupation
5 or carry out a trade or business.
6 (16) A full criminal history of the terrorism
7 offender, including dates of all arrests and convictions,
8 status of parole, probation, or supervised release,
9 registration status, and outstanding arrest warrants.
10 (17) Any other information deemed necessary by the
11 secretary of the agency.
12 (b) Following the initial registration of a
13 terrorism offender under subsection (a), the registering
14 agency is not required to obtain the following information for
15 subsequent registration verifications if the registering
16 agency has verified the information has already been collected
17 and has not been changed or altered:
18 (1) A current photograph.
19 (2) Fingerprints or palm prints.
20 (3) A DNA sample.
21 (4) A photocopy of the valid driver license or
22 identification card.
23 (5) A photocopy of any and all passport and
24 immigration documents.
25 (c) The registration information shall be
26 transmitted to the agency in a manner provided for by rule.
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1 (d) The required registration information shall
2 include a form explaining all registration duties, including
3 any requirements and restrictions placed on the terrorism
4 offender. This form shall be signed and dated by the terrorism
5 offender. If the terrorism offender fails to sign the form,
6 the designee of the registering agency shall sign the form
7 stating that the requirements have been explained to the
8 offender and that the offender refused to sign.
9 (e) All required registration information shall be
10 stored electronically in a manner determined by the secretary
11 of the agency and shall be available in an electronic format
12 from the agency to anyone entitled to receive the information
13 as provided in Section 13A-10-160.12.
14 (f) Any person who knowingly fails to provide the
15 required registration information, or who knowingly provides
16 false information, pursuant to this section shall be guilty of
17 a Class C felony.
18 13A-10-160.05.
19 (a) Any terrorism offender who declares he or she is
20 entering the state to establish a residence or who enters this
21 state to establish a residence shall immediately appear in
22 person and register all required registration information with
23 local law enforcement where the terrorism offender intends to
24 establish or establishes a residence.
25 (b) Any terrorism offender who enters this state to
26 accept employment, a volunteer position, or to become a
27 student shall immediately appear in person and register all
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1 required registration information with local law enforcement
2 in each county where the offender accepts employment, the
3 volunteer position, or becomes a student.
4 (c) Whenever a terrorism offender registers pursuant
5 to this section, he or she shall be subject to the
6 requirements of this article.
7 (d) Within 30 days of initial registration, the
8 terrorism offender shall provide each registering agency a
9 certified copy of his or her terrorism conviction; however, an
10 offender shall be exempt from this subsection if the offender
11 provides adequate documentation that the certified record is
12 no longer available or has been destroyed.
13 (e) Any person who knowingly violates this section
14 shall be guilty of a Class C felony.
15 13A-10-160.06.
16 (a) Immediately upon establishing a new residence,
17 accepting employment, accepting a volunteer position, or
18 beginning school attendance, the terrorism offender shall
19 appear in person to register with local law enforcement in
20 each county in which the offender establishes a residence,
21 accepts employment, accepts a volunteer position, or begins
22 school attendance.
23 (b)(1) Immediately upon transferring or terminating
24 any residence, employment, volunteer position, or school
25 attendance, the terrorism offender shall appear in person to
26 notify local law enforcement in each county in which the
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1 terrorism offender is transferring or terminating residence,
2 employment, volunteer position, or school attendance.
3 (2) Whenever a terrorism offender transfers his or
4 her residence, as provided in subdivision (1), from one county
5 to another county, the sheriff of the county from which the
6 terrorism offender is transferring his or her residence shall
7 immediately notify local law enforcement in the county in
8 which the terrorism offender intends to reside.
9 (3) If a terrorism offender transfers his or her
10 residence, as provided in subdivision (1), from one county to
11 another jurisdiction, the sheriff of the county from which the
12 terrorism offender is transferring his or her residence shall
13 immediately notify the chief law enforcement agency in the
14 jurisdiction in which the offender intends to reside.
15 (c) Immediately upon any name change, subject to the
16 restrictions provided in 13A-10-160.10, the terrorism offender
17 shall immediately appear in person to update the information
18 with local law enforcement in each county in which the
19 offender is required to register.
20 (d)(1) Upon changing any required registration
21 information, including by transferring or terminating a
22 residence, the terrorism offender shall immediately appear in
23 person and update the information with local law enforcement
24 in each county in which the terrorism offender resides.
25 Provided, however, any changes in telephone numbers and email
26 addresses may be reported to local law enforcement in person,
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1 electronically, or telephonically as required by the local law
2 enforcement agency.
3 (2) Notwithstanding any other provision of law
4 regarding the establishment of a residence, a terrorism
5 offender shall be deemed to have transferred or terminated his
6 or her residence for purposes of subdivision (1) whenever the
7 offender vacates his or her residence or fails to spend three
8 or more consecutive days at his or her residence without
9 previously notifying local law enforcement or completing a
10 travel notification document pursuant to Section
11 13A-10-160.08.
12 (e) A terrorism offender shall appear in person to
13 verify all required registration information during the
14 terrorism offender's birth month and every three months
15 thereafter, regardless of the month of conviction, for the
16 duration of the offender's life, with local law enforcement in
17 each county in which the offender resides.
18 (f) At the time of the initial registration, and at
19 any subsequent times of registration, the reporting agency
20 shall provide the terrorism offender a form explaining any and
21 all duties and