133629-2:n:10/05/2011:ANS/th LRS2011-4159R1




SB65
By Senators Taylor, Waggoner, Allen, Glover, Brewbaker, Orr and Reed
RFD Judiciary
Rd 1 07-FEB-12


SYNOPSIS:This bill would provide for the crime of failure to report a missing child in the first degree classified as a Class B felony, failure to report a missing child in the second degree classified as a Class C felony, and failure to report a missing child in the third degree classified as a Class A misdemeanor.
This bill would provide for the crime of failure to report the death of a child as a Class C felony.
This bill would provide for the crime of false reporting to law enforcement authorities in the first degree classified as a Class C felony and designate the existing crime of false reporting to law enforcement authorities as false reporting to law enforcement authorities in the second degree.
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.

A BILL
TO BE ENTITLED
AN ACT

To provide for the crimes of failure to report a missing child in the first, second, and third degrees; to provide for the crime of failure to report the death of a child; to provide for the crime of false reporting to law enforcement authorities in the first degree; to amend Section 13A-10-9, Code of Alabama 1975, to designate the crime of false reporting to law enforcement authorities in the second degree; 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. This act shall be known and may be cited as Caylee's Law.

Section 2. (a) A parent or guardian of a child 12 years of age or younger is guilty of failure to report a missing child in the first degree if he or she willfully or by culpable negligence fails, within 12 hours, to make contact with or otherwise verify the whereabouts and safety of a child 12 years of age or younger in his or her care and immediately report the child as missing to law enforcement and the child suffers great bodily harm, permanent disability, or disfigurement while missing.

(b) Failure to report a missing child in the first degree is a Class B felony.

Section 3. (a) A parent or guardian of a child 12 years of age or younger is guilty of failure to report a missing child in the second degree if he or she willfully or by culpable negligence fails, within 24 hours, to make contact with or otherwise verify the whereabouts and safety of a child 12 years of age or younger in his or her care and immediately report the child as missing to law enforcement.

(b) Failure to report a missing child in the second degree is a Class C felony.

Section 4. (a) A parent or guardian of a child 12 years of age or younger is guilty of failure to report a missing child in the third degree if he or she willfully or by culpable negligence fails, within 12 hours, to make contact with or otherwise verify the whereabouts and safety of a child 12 years of age or younger in his or her care and immediately report the child as missing to law enforcement.

(b) Failure to report a missing child in the third degree is a Class A misdemeanor.

Section 5. (a) A parent or guardian of a child 12 years of age or younger commits the crime of failure to report the death of a child if he or she fails to report the death of the child while in his or her care to a law enforcement agency within one hour of learning of the child's death or location of the child's corpse.

(b) Failure to report the death of a child is a Class C felony.

Section 6. (a) A parent or guardian of a child 12 years of age or younger commits the crime of false reporting to law enforcement authorities in the first degree if he or she, with the intent to mislead the officer or impede the investigation, knowingly and willfully gives false information to a law enforcement officer who is conducting a missing person investigation or a felony criminal investigation involving the child.

(b) False reporting to law enforcement authorities in the first degree is a Class C felony.

Section 7. Section 13A-10-9, Code of Alabama 1975, is amended to read as follows:

13A-10-9.

"(a) A person commits the crime of false reporting to law enforcement authorities in the second degree if he or she knowingly makes a false report or causes the transmission of a false report to law enforcement authorities of a crime or relating to a crime.

"(b) False reporting to law enforcement authorities in the second degree is a Class A misdemeanor."

Section 8. 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 9. 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.


Crimes and Offenses
Criminal Law and Procedure
Children
Law Enforcement
Popular Names
Missing and Exploited Children
Code Amended