123654-1:n:09/21/2010:LCG/tj LRS2010-4082
| SYNOPSIS: | Under existing law, there is no provision to create and maintain a statewide registry of convicted animal abusers. |
| This bill would require the annual registration of each animal abuser with the local sheriff's department in the county of the abuser's residence and would provide for fines and penalties for violations. | |
| This bill would require each county sheriff to maintain a local registry of animal abusers; to provide this information to certain residents, businesses, and schools; and to forward the registration information to the Department of Public Safety. | |
| This bill would require the Department of Public Safety to create and maintain a central registry of animal abusers that can be assessed by the public. | |
| Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose. | |
| The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment. |
Relating to convicted animal abusers; to require each county sheriff to maintain a local registry of animal abusers and to require the sheriff to alert certain residents of the animal abusers registration; to require the Department of Public Safety to create and maintain a central registration of animal abusers that can be accessed by the public; to provide fines and penalties; 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 Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For purposes of this section, an animal abuser means a person over eighteen years of age who has been convicted of a violation of Section 13A-11-14 or Section 13A-11-241, Code of Alabama 1975, or of a comparable statute of another state.
(b) Any animal abuser physically within the boundaries of this state for more than 10 consecutive days shall register with the sheriff for the county in which the animal abuser is located before the end of the eleventh day in the state.
(c) Any previously registered animal abuser shall reregister with the sheriff for the county in which the animal abuser is located no later than 10 days after moving to a new location within the state.
(d) When an animal abuser registers with the sheriff, the animal abuser shall provide the following registration information:
(1) Legal name and any other names or aliases that he or she is using or has used.
(2) Date of birth.
(3) Social Security number.
(4) Current address or location.
(5) Place of employment.
(6) The animal protection offense for which he or she was convicted, and the date and place of the animal protection offense conviction.
(7) A photograph and complete set of fingerprints.
(8) A description of any tattos, scars, or other distinguishing features on his or her body that would assist in identification.
Section 2. (a) Following an animal abuser's initial registration pursuant to this section, an animal abuser shall annually renew the registration with the sheriff prior to December 31 of each subsequent calendar year for a period of 15 years.
(b) An animal abuser who intentionally or knowingly fails to comply with the registration requirements or provides false information when complying with the registration requirements set forth in this section shall be fined one thousand dollars ($1,000) or sentenced to 30 days incarceration in the county jail.
(1) The sheriff shall forward all registration information obtained from animal abusers to the Department of Public Safety.
(2) Within 10 days of receiving initial registration information from an animal abuser, the sheriff shall contact every resident, school, humane society, animal shelter, and any other business within a half mile radius of the animal abuser's residence or location and provide them with the animal abuser's registration information, with the exception of the Social Security number.
Section 3. The Department of Public Safety shall maintain a central registry of animal abusers which shall be made available to the public through Internet access, telephone access, and in-person access. All of the information contained in an animal abuser's registration, with the exception of the Social Security number, shall be made available. Records of each animal abuser's registration shall be maintained for the duration of the 15-year period in which the animal abuser is required to be registered.
Section 4. 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 Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.
Section 5. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.