SB301

ENGROSSED

By Senators Figures and Ward

A BILL
TO BE ENTITLED
AN ACT

Relating to sex offenses and sex offenders; to create the crimes of distributing a private image, sexting, sexual extortion, assault with bodily fluids, and directing a child to engage in sexual intercourse or deviate sexual intercourse, and to provide further for the crime of electronic solicitation of a child; to amend Sections 13A-6-122, 15-20A-4, 15-20A-5, 15-20A-7, 15-20A-8, 15-20A-10, 15-20A-11, 15-20A-12, 15-20A-13, 15-20A-14, 15-20A-15, 15-20A-16, 15-20A-18, 15-20A-21, 15-20A-23, 15-20A-24, 15-20A-25, 15-20A-26, 15-20A-27, 15-20A-28, 15-20A-31, 15-20A-32, 15-20A-34, 15-20A-37, 15-20A-42, and 15-20A-43 of the Code of Alabama 1975, to add crimes to the list of enumerated sex offenses for purposes of registration and notification; to create a definition for reside, require certain sex offenders to notify law enforcement of each place the sex offender resides, and provide further for the notification requirements associated with establishing a residence or residences and vacating a residence; to further specify information that may or may not appear on the public registry website; to provide further for the process by which a court may relieve certain sex offenders from registration and notification requirements; to specify additional procedures for payment of the filing fees associated with the petition for relief; to define the term volunteer position and to limit locations in which a sex offender may accept a volunteer position and to require certain sex offenders accepting a volunteer position to notify law enforcement; 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.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) A person commits the crime of distributing a private image if he or she knowingly posts, emails, texts, transmits, or otherwise distributes a private image with the intent to harass, threaten, coerce, or intimidate the person depicted when the depicted person has not consented to the transmission and the depicted person had a reasonable expectation of privacy against transmission of the private image.

(b) For purposes of this section, private image means a photograph, digital image, video, film, or other recording of a person who is identifiable from the recording itself or from the circumstances of its transmission and who is engaged in any act of sadomasochistic abuse, sexual intercourse, sexual excitement, masturbation, breast nudity, as defined in Section 13A-12-190, genital nudity, or other sexual conduct. The term includes a recording that has been edited, altered, or otherwise manipulated from its original form.

(c)(1) For purposes of this section, a reasonable expectation of privacy includes, but is not limited to, either of the following circumstances:

a. The person depicted in the private image created it or consented to its creation believing that it would remain confidential.

b. The sexual conduct depicted in the image was involuntary.

(2) There is no reasonable expectation of privacy against the transmission of a private image made voluntarily in a public or commercial setting.

(d) It is a defense to distributing a private image if the distribution of the private image was made in the public interest, including, but not limited to, the reporting of unlawful conduct; the lawful and common practices of law enforcement, legal proceedings, or medical treatment; or a bona fide attempt to prevent further distribution of the private image.

(e) A violation of this section is a Class A misdemeanor. A subsequent adjudication or conviction under this section is a Class C felony.

Section 2. (a) A person commits the crime of sexual extortion if he or she knowingly causes another person to engage in sexual intercourse, deviate sexual intercourse, sexual contact, or in a sexual act or to produce any photograph, digital image, video, film, or other recording of any person, whether recognizable or not, engaged in any act of sadomasochistic abuse, sexual intercourse, deviate sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct by transmitting any communication containing any threat to injure the body, property, or reputation of any person.

(b) Sexual extortion is a Class B felony.

Section 3. (a) A person commits the crime of assault with bodily fluids if he or she knowingly causes or attempts to cause another person to come into contact with a bodily fluid unless the other person consented to the contact or the contact was necessary to provide medical care.

(b) For purposes of this section, a bodily fluid is blood, saliva, seminal fluid, mucous fluid, urine, or feces.

(c) Assault with bodily fluids is a Class A misdemeanor; provided, however, a violation of this section is a Class C felony if the person commits the crime of assault with bodily fluids knowing that he or she has a communicable disease.

Section 4. (a)(1) A person commits the crime of directing a child to engage in sexual intercourse or deviate sexual intercourse if he or she knowingly entices, allures, persuades, induces, or directs any person under the age of 12 to engage in sexual intercourse or deviate sexual intercourse with another person under the age of 12.

(2) Directing a child to engage in sexual intercourse or deviate sexual intercourse 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 to engage in sexual contact with another person under the age of 12.

(2) A violation of this section is a Class C felony.

Section 5. Sections 13A-6-122, 15-20A-4, 15-20A-5, 15-20A-7, 15-20A-8, 15-20A-10, 15-20A-11, 15-20A-12, 15-20A-13, 15-20A-14, 15-20A-15, 15-20A-16, 15-20A-18, 15-20A-21, 15-20A-23, 15-20A-24, 15-20A-25, 15-20A-26, 15-20A-27, 15-20A-28, 15-20A-31, 15-20A-32, 15-20A-34, 15-20A-37, 15-20A-42, and 15-20A-43 of the Code of Alabama 1975, are amended to read as follows:

13A-6-122.

"In addition to the provisions of Section 13A-6-69, a person who, knowingly, with the intent to commit an unlawful sex act, entices, induces, persuades, seduces, prevails, advises, coerces, lures, or orders, or attempts to entice, induce, persuade, seduce, prevail, advise, coerce, lure, or order, by means of a computer, on-line service, Internet service, Internet bulletin board service, weblog, cellular phone, video game system, personal data assistant, telephone, facsimile machine, camera, universal serial bus drive, writable compact disc, magnetic storage device, floppy disk, or any other electronic communication or storage device, a child who is at least three years younger than the defendant, or another person believed by the defendant to be a child at least three years younger than the defendant to meet with the defendant or any other person for the purpose of engaging in sexual intercourse, sodomy, or to engage in a deviate sexual intercourse, sexual contact, sexual performance, obscene sexual performance, or sexual conduct, or genital mutilation for his or her benefit or for the benefit of another, or directs a child to engage in sexual intercourse, deviate sexual intercourse, sexual contact, sexual performance, obscene sexual performance, sexual conduct, or genital mutilation, is guilty of electronic solicitation of a child. Any person who violates this section commits a Class B felony.

15-20A-4.

"For purposes of this chapter, the following words shall have the following meanings:

"(1) ADULT SEX OFFENDER. A person convicted of a sex offense.

"(2) CHILD. A person who has not attained the age of 12.

"(3) CHILDCARE FACILITY. A licensed child daycare center, a licensed childcare facility, or any other childcare service that is exempt from licensing pursuant to Section 38-7-3,provided that the licensed child daycare center, licensed childcare facility, or any other childcare service and location are public record if it is sufficiently conspicuous that a reasonable person should know or recognize its location or its address has have been provided to local law enforcement.

"(4) CONVICTION. A verdict or finding of guilt as the result of a trial, a plea of guilty, a plea of nolo contendere, or an Alford plea regardless of whether adjudication was withheld. Conviction includes, but is not limited to, a conviction in a United States territory, a conviction in a federal or military tribunal, including a court martial conducted by the Armed Forces of the United States, a conviction for an offense committed on an Indian reservation or other federal property, a conviction in any state of the United States or a conviction in a foreign country if the foreign country's judicial system is such that it satisfies minimum due process set forth in the guidelines under Section 111(5)(B) of Public Law 109-248. Cases on appeal are deemed convictions until reversed or overturned.

"(5) EMPLOYMENT. Employment that Compensated work or a volunteer position for any period of time, regardless of whether the work is full-time, part-time, self-employment, or employment as an independent contractor or day laborer for any period, whether financially compensated, volunteered, or for the purpose of government or educational benefit , provided that employment does not include any time spent traveling as a necessary incident to performing the work.

"(6) FIXED RESIDENCE. A building or structure, having a physical address or street number, that adequately provides shelter at in which a person resides.

"(7) HABITUALLY LIVES. Where a person lives with some regularity on an intermittent or temporary basis.

"(8)(7) HOMELESS. A person who has no The state of lacking a fixed residence.

"(9)(8) IMMEDIATE FAMILY MEMBER. A parent or grandparent, parent, sibling, spouse, child of any age by blood, adoption, or marriage, or grandchild; child, grandchild, or sibling of any age by blood, adoption, or marriage; or spouse.

"(10)(9) IMMEDIATELY. Within three business days.

"(11)(10) JURISDICTION. Any state of the United States, any United States territory, the District of Columbia, or any federally recognized Indian tribe.

"(12)(11) JUVENILE SEX OFFENDER. An individual who has not attained the age of 18 at the time of the offense and who is adjudicated delinquent of a sex offense.

"(13)(12) LOCAL LAW ENFORCEMENT. The sheriff of the county and the chief of police if the location subject to registration is within the corporate limits of any municipality, or, if applicable, the chief law enforcement officer for a federally recognized Indian tribe.

"(14)(13) MINOR. A person who has not attained the age of 18.

"(14) OVERNIGHT VISIT. Any presence between the hours of 10:30 p.m. and 6:00 a.m.

"(15) PREDATORY. An act directed at a stranger, a person of casual acquaintance, or with whom no substantial relationship exists, or a person with whom a relationship has been established or promoted for the purpose of victimization of that person or individuals over whom that person has control.

"(16) PRIOR CONVICTION. The person has served and has been released or discharged from, or is serving, a separate period of incarceration, commitment, or supervision for the commission of a sex offense, as defined by Section 15-20A-5, prior to, or at the time of, committing another sex offense.

"(17) REGISTERING AGENCY. Any agency with whom the sex offender registers required registration information.

"(18) RELEASE. Release from a state prison, county jail, municipal jail, mental health facility, release or discharge from the custody of the Department of Youth Services or other juvenile detention, or placement on an appeal bond, probation, parole, or aftercare, placement into any facility or treatment program that allows the sex offender to have unsupervised access to the public, or release from any other facility, custodial or noncustodial, where the sex offender is sentenced or made a ward of that facility by a circuit, district, or juvenile court.

"(19) REQUIRED REGISTRATION INFORMATION. Any information required pursuant to Section 15-20A-7.

"(20) RESIDE. To be habitually or systematically present at a place. Whether a person is residing at a place shall be determined by the totality of the circumstances, including the amount of time the person spends at the place and the nature of the person's conduct at the place. The term reside includes, but is not limited to, spending more than four hours a day at the place on three or more consecutive days; spending more than four hours a day at the place on 10 or more aggregate days during a calendar month; or spending any amount of time at the place coupled with statements or actions that indicate an intent to live at the place or to remain at the place for the periods specified in this sentence. A person does not have to conduct an overnight visit to reside at a place.

"(20) (21) RESIDENCE. Each fixed residence or other place where a person resides, sleeps, or habitually lives or will reside, sleep, or habitually live. If a person does not reside, sleep, or habitually live in a fixed residence, residence means a description of the locations where the person is stationed regularly, day or night, including any mobile or transitory living quarters or locations that have no specific mailing or street address. Residence shall be construed to refer to the places where a person resides, sleeps, habitually lives, or is stationed with regularity, A fixed residence as defined by Section 15-20A-4 or other place where the person resides, regardless of whether the person declares or characterizes such place as a residence.

"(21)(22) RESPONSIBLE AGENCY. The person or government entity whose duty it is to obtain information from a sex offender and to transmit that information to the Alabama State Law Enforcement Agency, police departments, and sheriffs. For a sex offender being released from state prison, the responsible agency is the Department of Corrections. For a sex offender being released from a county jail, the responsible agency is the sheriff of that county. For a sex offender being released from a municipal jail, the responsible agency is the chief of police of that municipality. For a sex offender being placed on probation, including conditional discharge or unconditional discharge, without any sentence of incarceration, the responsible agency is the sentencing court or designee of the sentencing court. For a juvenile sex offender being released from the Department of Youth Services, the responsible agency is the Department of Youth Services. For a sex offender who is being released from a jurisdiction outside this state and who is to reside in this state, the responsible agency is the sheriff of the county in which the offender intends to establish a residence.

"(22)(23) RISK ASSESSMENT. A written report on the assessment of risk for sexually re-offending conducted by a sex offender treatment program or provider approved by the Department of Youth Services. The report shall include, but not be limited to, the following regarding the juvenile sex offender: Criminal history, mental status, attitude, previous sexual offender treatment and response to treatment, social factors, conditions of release expected to minimize risk of sexual re-offending, and characteristics of the sex offense.

"(23)(24) SCHOOL. A licensed or accredited public, private, or church school that offers instruction in grades K-12 pre-K-12 if it is sufficiently conspicuous that a reasonable person should know or recognize its location or its address has been provided to local law enforcement. The definition does not include a private residence in which students are taught by parents or tutors or any facility dedicated exclusively to the education of adults unless that facility has a childcare facility as defined in subdivision (3).

"(24)(25) SENTENCING COURT. The court of adjudication or conviction.

"(25)(26) SEX OFFENDER. Includes any adult sex offender, any youthful offender sex offender, and any juvenile sex offender.

"(26)(27) SEX OFFENSE INVOLVING A CHILD. A conviction for any sex offense in which the victim was a child or any offense involving child pornography.

"(27)(28) SEX OFFENSE INVOLVING A MINOR. A conviction for any sex offense in which the victim was a minor or any offense involving child pornography.

"(28)(29) SEXUALLY VIOLENT PREDATOR. A person who has been convicted of a sexually violent offense and who is likely to engage in one or more future sexually violent offenses or is likely to engage in future predatory sex offenses.

"(29) (30) STUDENT. A person who is enrolled in or attends, on a full-time or part-time basis, any public or private educational institution, including a secondary school, trade or professional school, or institution of higher education.

"(30)(31) TEMPORARY LODGING INFORMATION. Lodging information including, but not limited to, the name and address of any location where the person is staying when away from his or her residence for three or more days and the period of time the person is staying at that location.

"(32) VOLUNTEER POSITION. An arrangement whereby a person works without compensation for any period of time on behalf of a business, school, charity, child care facility, or other organization or entity, provided that a volunteer position does not include any time spent traveling as a necessary incident to performing the uncompensated work.

"(31)(33) YOUTHFUL OFFENDER SEX OFFENDER. An individual adjudicated as a youthful offender for a sex offense who has not yet attained the age of 21 at the time of the offense.

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.

"(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.

"(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 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. The sentencing court may exempt from this chapter a juvenile sex offender adjudicated delinquent of sexual misconduct.

"(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. The sentencing court may exempt from this chapter a juvenile sex offender adjudicated delinquent of indecent exposure.

"(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. The sentencing court may exempt from this chapter a juvenile sex offender adjudicated delinquent of a violation of the Alabama Child Pornography Act after the juvenile has been counseled on the dangers of the conduct for which he or she was adjudicated delinquent.

"(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 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, as provided by Section 13A-6-81.

"(22) School employee having sexual contact with a student, as provided by Section 13A-6-82.

"(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, 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 4 of the act adding this amendatory language.

"(32) Directing a child to engage in a sex act, as provided in Section 5 of the act adding this amendatory language.

"(31) (33) 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 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.

"(32) (34) Any solicitation, attempt, or conspiracy to commit any of the offenses listed in subdivisions (1) to (31), inclusive.

"(33) (35) 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 (32), inclusive.

"(34) (36) 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)).

"(35) (37) 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.

"(36) (38) Any offender determined in any jurisdiction to be a sex offender shall be considered a sex offender in this state.

"(37) (39) 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.

"(38) (40) Any crime not listed in this section wherein the underlying felony is an element of the offense and listed in subdivisions (1) to (37) (39), inclusive.

"(39) (41) Any other offense not provided for in this section wherein there is a finding of sexual motivation as provided by Section 15-20A-6.

15-20A-7.

"(a) The following registration information, unless otherwise indicated, shall be provided by the sex offender when registering:

"(1) Name, including any aliases, nicknames, ethnic, or tribal names.

"(2) Date of birth.

"(3) Social Security number.

"(4) Address of each residence.

"(5) Name and address of any school the sex offender attends or will attend. For purposes of this subdivision, a school includes an educational institution, public or private, including a secondary school, a trade or professional school, or an institution of higher education.

"(6) Name and address of any employer where the sex offender works or will work, including any transient or day laborer information.

"(7) The license plate number, registration number or identifier, description, and permanent or frequent location where all vehicles are kept for any vehicle used for work or personal use, including land vehicles, aircraft, and watercraft.

"(8) Any telephone number used, including land line and cell phone numbers.

"(9) Any email addresses or instant message address or identifiers used, including any designations or monikers used for self-identification in Internet communications or postings other than those used exclusively in connection with a lawful commercial transaction.

"(10) A current photograph.

"(11) A physical description of the sex offender including physical appearance, physical characteristics, and identifying marks such as scars and tattoos.

"(12) Fingerprints and palm prints.

"(13) A DNA sample. The DNA sample may be collected by the probation officer, sheriff, chief of police, or other responsible agency. Prior to collecting a DNA sample, the responsible agency shall determine if a DNA sample has already been collected for the sex offender by checking the Dru Sjodin National Sex Offender Public Registry website, the Alabama Department of Forensic Sciences DNATracker site, or with the Alabama State Law Enforcement Agency. If a DNA sample has not been previously collected for the sex offender, the responsible agency shall coordinate for the collection of a DNA sample with the sheriff of the county in which the registration is occurring. The collection of a DNA sample should be performed using materials recommended or provided by the Alabama Department of Forensic Sciences. The DNA sample shall be immediately forwarded by the entity collecting the sample to the Department of Forensic Sciences.

"(14) A photocopy of the valid driver license or identification card.

"(15) A photocopy of any and all passport and immigration documents.

"(16) Any professional licensing information that authorizes the sex offender to engage in an occupation or carry out a trade or business.

"(17) A full criminal history of the sex offender, including dates of all arrests and convictions, status of parole, probation, or supervised release, registration status, and outstanding arrest warrants.

"(18) A list of any and all Internet service providers used by the sex offender.

"(19) Any other information deemed necessary by the Secretary of the Alabama State Law Enforcement Agency.

"(b) The registering agency is not required to obtain any of the following information each time the sex offender verifies his or her required registration information if the registering agency verifies the information has already been collected and has not been changed or altered:

"(1) A current photograph.

"(2) Fingerprints or palm prints.

"(3) A DNA sample.

"(4) A photocopy of the valid driver license or identification card.

"(5) A photocopy of any and all passport and immigration documents.

"(c) The registration information shall be transmitted to the Alabama State Law Enforcement Agency in a manner determined by the secretary of the department and promulgated in rule by the secretary upon recommendation of an advisory board consisting of representatives of the office of the Attorney General, District Attorneys Association, Chiefs of Police Association, Sheriffs Association, and the Alabama State Law Enforcement Agency. The advisory board members shall not receive any compensation or reimbursement for serving on the advisory board.

"(d) The required registration information shall include a form explaining all registration and notification duties, including any requirements and restrictions placed on the sex offender. This form shall be signed and dated by the sex offender. If the sex offender fails to sign the form, the designee of the registering agency shall sign the form stating that the requirements have been explained to the sex offender and that the sex offender refused to sign.

"(e) All required registration information shall be stored electronically in a manner determined by the Secretary of the Alabama State Law Enforcement Agency and shall be available in a digitized format by the Alabama State Law Enforcement Agency to anyone entitled to receive the information as provided in Section 15-20A-42.

"(f) Any person who knowingly fails to provide the required registration information, or who knowingly provides false information, pursuant to this section shall be guilty of a Class C felony.

15-20A-8.

"(a) All of the following registration information shall be provided on the public registry website maintained by the Alabama State Law Enforcement Agency and may be provided on any community notification documents:

"(1) Name, including any aliases, nicknames, ethnic, or Tribal names.

"(2) Address of each residence.

"(3) Address of any school the sex offender attends or will attend. For purposes of this subdivision, a school includes an educational institution, public or private, including a secondary school, a trade or professional school, or an institution of higher education.

"(4) Address of any employer where the sex offender works or will work, including any transient or day laborer information.

"(5) The license plate number and description of any vehicle used for work or personal use, including land vehicles, aircraft, and watercraft.

"(6) A current photograph.

"(7) A physical description of the sex offender.

"(8) Criminal history of any sex offense for which the sex offender has been adjudicated or convicted.

"(9) The text of the criminal provision of any sex offense of which the sex offender has been adjudicated or convicted.

"(10) Status of the sex offender, including whether the sex offender has absconded.

"(b) None of the following information shall be provided on the public registry website or any other notification documents:

"(1) Criminal history of any arrests not resulting in conviction.

"(2) Social Security number.

"(3) Travel and immigration document numbers.

"(4) Victim identity.

"(5) Internet identifiers Any email addresses or instant message addresses or identifiers used by the sex offender.

"(6) Any Internet service providers used by the sex offender.

"(c) Any other required registration information may be included on the website as determined by the Secretary of the Alabama State Law Enforcement Agency.

"(d) All information shall immediately be posted on the public registry website upon receipt of the information by the Alabama State Law Enforcement Agency.

"(e) The website shall include field search capabilities to search for sex offenders by name, city or town, county, zip code, or geographic radius.

"(f) The website shall include links to sex offender safety and education resources.

"(g) The website shall include instructions on how to seek correction of information that a person contends is erroneous.

"(h) The website shall include a warning that information on the site should not be used to unlawfully injure, harass, or commit a crime against any person named in the registry or residing or working at any reported address and that any such action may result in civil or criminal penalties. The website shall also include a warning that, prior to including the individual on the website, the Alabama State Law Enforcement Agency did not consider or assess the individual's specific risk of reoffense or current dangerousness; that inclusion on the website is based solely on an individual's conviction record and state law; and that the Legislature's purpose in providing this data is to make the information more easily available and accessible, not to warn about any specific individual.

15-20A-10.

"(a)(1) Immediately upon release from incarceration, or immediately upon conviction if the adult sex offender is not incarcerated, the adult sex offender shall appear in person and register all required registration information with local law enforcement in each county in which the adult sex offender resides or intends to reside, accepts or intends to accept employment, accepts or intends to accept a volunteer position, and begins or intends to begin school attendance.

"(2) An adult sex offender who registers pursuant to subdivision (1) shall have seven days from release to comply with the residence restrictions pursuant to subsection (a) of Section 15-20A-11.

"(b) Immediately upon establishing a new residence, accepting employment, accepting a volunteer position, or beginning school attendance, the adult sex offender shall appear in person to register with local law enforcement in each county in which the adult sex offender establishes a residence, accepts employment, accepts a volunteer position, or begins school attendance.

"(c)(1) Immediately upon transferring or terminating any residence, employment, or school attendance, the adult sex offender shall appear in person to notify local law enforcement in each county in which the adult sex offender is transferring or terminating residence, employment, or school attendance.

"(2) Whenever a sex offender transfers his or her residence, as provided in subdivision (1) from one county to another county, the sheriff of the county from which the sex offender is transferring his or her residence shall immediately notify local law enforcement in the county in which the sex offender intends to reside. If a sex offender transfers his or her residence, as provided in subdivision (1) from one county to another jurisdiction, the sheriff of the county from which the sex offender is transferring his or her residence shall immediately notify the chief law enforcement agency in the jurisdiction in which the sex offender intends to reside.

"(d) Immediately upon any name change, the adult sex offender shall immediately appear in person to update the information with local law enforcement in each county in which the adult sex offender is required to register.

"(e) (1) Upon changing any required registration information, including by transferring or terminating a residence the adult sex offender shall immediately appear in person and update the information with local law enforcement in each county in which the adult sex offender resides. Provided, however, any changes in telephone numbers, email addresses, instant message addresses, or other on-line identifiers or Internet service providers may be reported to local law enforcement in person, electronically, or telephonically as required by the local law enforcement agency.

"(2) Notwithstanding any other provision of law regarding the establishment of residence, an adult sex offender has transferred or terminated his or her residence for purposes of subdivision (1) whenever the adult sex offender vacates his or her residence or fails to spend three or more consecutive days at his or her residence without previously notifying local law enforcement or completing a travel notification document pursuant to Section 15-20A-15.

"(f) An adult sex offender shall appear in person to verify all required registration information during the adult sex offender's birth month and every three months thereafter, regardless of the month of conviction, for the duration of the adult sex offender's life with local law enforcement in each county in which the adult sex offender resides.

"(g) At the time of registration, the adult sex offender shall be provided a form explaining any and all duties and restrictions placed on the adult sex offender. The adult sex offender shall read and sign this form stating that he or she understands the duties and restrictions imposed by this chapter. If the adult sex offender refuses to sign the form, the designee of the registering agency shall sign the form stating that the requirements have been explained to the adult sex offender and that the adult sex offender refused to sign.

"(h) For purposes of this section, a school includes an educational institution, public or private, including a secondary school, a trade or professional school, or an institution of higher education.

"(i) If an adult sex offender was convicted and required to register prior to July 1, 2011, then the adult sex offender shall begin quarterly registration after his or her next biannual required registration date.

"(j) Any person who knowingly violates this section shall be guilty of a Class C felony.

15-20A-11.

"(a) No adult sex offender shall establish a residence, or maintain a residence after release or conviction, or establish any other living accommodation within 2,000 feet of the property on which any school, childcare facility, or resident camp facility is located unless otherwise exempted pursuant to Sections 15-20A-23 and 15-20A-24. For the purposes of this section, a resident camp facility includes any place, area, parcel, or tract of land which contains permanent or semi-permanent facilities for sleeping owned by a business, church, or nonprofit organization used primarily for educational, recreational, or religious purposes for minors and the location of the resident camp has been provided to local law enforcement. Resident camp does not include a private residence, farm, or hunting or fishing camp.

"(b) No adult sex offender shall establish a residence, or maintain a residence after release or conviction, or establish any other living accommodation within 2,000 feet of the property on which his or her former victim, or an immediate family member of the victim, resides unless otherwise exempted pursuant to Section 15-20A-24 or Section 15-20A-16.

"(c) Changes to property within 2,000 feet of a registered address of an adult sex offender which occur after the adult sex offender establishes residency shall not form the basis for finding that the adult sex offender is in violation of this section unless the sex offender has been released or convicted of a new offense after establishing residency.

"(d) No adult sex offender shall establish or maintain a residence or any other living accommodation reside or conduct an overnight visit with a minor. For the purpose of this subsection, living accommodation includes, but is not limited to, any overnight visit with a minor. Notwithstanding the foregoing, an adult sex offender may reside with a minor if the adult sex offender is the parent, grandparent, stepparent, sibling, or stepsibling of the minor, unless one of the following conditions applies:

"(1) Parental rights of the adult sex offender have been or are in the process of being terminated as provided by law.

"(2) The adult sex offender has been convicted of any sex offense in which any of the minor children, grandchildren, stepchildren, siblings, or stepsiblings of the adult sex offender was the victim.

"(3) The adult sex offender has been convicted of any sex offense in which a minor was the victim and the minor resided or lived with the adult sex offender at the time of the offense.

"(4) The adult sex offender has been convicted of any sex offense involving a child, regardless of whether the adult sex offender was related to or shared a residence with the child victim.

"(5) The adult sex offender has been convicted of any sex offense involving forcible compulsion in which the victim was a minor.

"(e) (1) Notwithstanding any other provision of law regarding establishment of residence, an adult sex offender shall be deemed to have established a residence in any of the following circumstances:

"(1) Wherever an adult sex offender resides for three or more consecutive days.

"(2) Wherever an adult sex offender wherever he or she resides following release, regardless of whether the adult sex offender resided at the same location prior to the time of conviction.

"(3) Whenever an adult sex offender spends 10 or more aggregate days at any locations during a calendar month other than his or her registered address.

"(4) Whenever an (2) Notwithstanding any other provision of law regarding establishment of residence, an adult sex offender has transferred his or her residence for purposes of Section 15-20A-10(e)(1) whenever the adult sex offender vacates his or her residence or fails to spend three or more consecutive days at his or her residence without previously notifying local law enforcement or obtaining a travel permit notification document pursuant to Section 15-20A-15.

"(f) An adult sex offender is exempt from subsections (a) and (b) during the time an the adult sex offender is admitted to a hospital in the facility of a licensed health care provider or is incarcerated in a jail, prison, mental health facility, or any other correctional placement facility wherein the adult sex offender is not allowed unsupervised access to the public.

"(g) An adult sex offender shall not be found in violation of subsection (a) on the basis of any address, street number, place, or parcel that has been approved in writing by local law enforcement prior to establishing a residence. Local law enforcement shall promulgate, publicize, and enforce a policy that affords sex offenders a reasonable opportunity to obtain preapproval of a proposed residence.

"(g) (h) For the purposes of this section, the 2,000-foot measurement shall be taken in a straight line from nearest property line to nearest property line.

"(h) (i) Any person who knowingly violates this section shall be guilty of a Class C felony.

15-20A-12.

"(a) An adult sex offender who no longer has a fixed residence shall be considered homeless and shall appear in person and report such change in fixed residence to local law enforcement where he or she is located immediately upon such change in fixed residence.

"(b) In addition to complying with the registration and verification requirements pursuant to Section 15-20A-10, a homeless adult sex offender who lacks a fixed residence, or who does not provide an address at a fixed residence at the time of release or registration, shall report in person once every seven days to law enforcement agency where he or she resides. If the sex offender resides within the city limits of a municipality, he or she shall report to the chief of police. If the adult sex offender resides outside of the city limits of a municipality he or she shall report to the sheriff of the county. The weekly report shall be on a day specified by local law enforcement and shall occur during normal business hours.

"(c) A homeless adult sex offender who lacks a fixed address shall comply with the residence restrictions set forth in Section 15-20A-11.

"(d)(1) Each time a homeless adult sex offender reports under this section, he or she shall provide all of the following information:

"a. Name.

"b. Date of birth.

"c. Social Security number.

"d. A detailed description of the location or locations where he or she has resided during the week.

"e. A list of the locations where he or she plans to reside in the upcoming week with as much specificity as possible.

"(2) The registering agency is not required to obtain the remaining required registration information from the homeless adult sex offender each time he or she reports to the registering agency unless the homeless adult sex offender has any changes to the remaining required registration information.

"(e) If an adult sex offender who was homeless obtains a fixed address residence in compliance with the provisions of Section 15-20A-11, the adult sex offender shall immediately appear in person to update the information with local law enforcement in each county of residence.

"(f) Any person who knowingly violates this section shall be guilty of a Class C felony.

15-20A-13.

"(a) No adult sex offender shall apply for, accept, or maintain employment or vocation or a volunteer position at any school, childcare facility, mobile vending business that provides services primarily to children, or any other business or organization that provides services primarily to children, or any amusement or water park.

"(b) No adult sex offender shall apply for, accept, or maintain employment or a volunteer position for any employment or vocation within 2,000 feet of the property on which a school or childcare facility is located unless otherwise exempted pursuant to Sections 15-20A-24 and 15-20A-25.

"(c) No adult sex offender, after having been convicted of a sex offense involving a child, shall apply for, accept, or maintain employment or vocation or a volunteer position for any employment or vocation within 500 feet of a playground, park, athletic field or facility, or any other business or facility having a principal purpose of caring for, educating, or entertaining minors.

"(d) Changes to property within 2,000 feet of an adult sex offender's place of employment which occur after an adult sex offender accepts employment shall not form the basis for finding that an adult sex offender is in violation of this section.

"(e) It shall be unlawful for the owner or operator of any childcare facility or any other organization that provides services primarily to children to knowingly provide employment employ or accept a volunteer services from position to an adult sex offender.

"(f) For purposes of this section, the 2,000-foot measurement shall be taken in a straight line from nearest property line to nearest property line.

"(g) Any person who knowingly violates this section shall be guilty of a Class C felony.

15-20A-14.

"(a) Any adult sex offender who declares he or she is entering the state to establish a residence or who enters this state to establish a residence shall immediately appear in person and register all required registration information with local law enforcement in the county where the adult sex offender intends to establish or establishes a residence.

"(b) Any adult sex offender who enters this state to accept employment, carry on a vocation, or a volunteer position or to become a student shall immediately appear in person and register all required registration information with local law enforcement in the county where the adult sex offender accepts employment, carries on a vocation, or the volunteer position or becomes a student.

"(c) Whenever an adult sex offender registers pursuant to this section, he or she shall be subject to the requirements of this chapter.

"(d) Within 30 days of initial registration, the adult sex offender shall provide each registering agency with a certified copy of his or her sex offense conviction; however, an adult sex offender shall be exempt from this subsection if the adult sex offender provides adequate documentation that the certified record is no longer available or has been destroyed.

"(e) Any person who knowingly violates this section shall be guilty of a Class C felony.

15-20A-15.

"(a) Prior to Immediately before an adult sex offender temporarily leaving from leaves his or her county of residence for a period of three or more consecutive days, the adult sex offender shall report such information in person immediately prior to leaving his or her county of residence for such travel to the sheriff in each county of residence and complete and sign a travel notification document.

"(b) The adult sex offender shall complete a travel permit form immediately prior to travel and provide the The travel notification document shall be a form prescribed by the Alabama State Law Enforcement Agency to collect dates of travel, the intended destination or destinations, and temporary lodging information, and any other information reasonably necessary to monitor a sex offender who plans to travel.

"(c) If a sex offender intends to travel to another country, he or she shall report in person to the sheriff in each county of residence and complete a travel notification document at least 21 days prior to such travel. If the travel to another country is for a family or personal medical emergency or a death in the family, then the sex offender shall report in person to the sheriff in each county of residence immediately prior to travel. Any information reported to the sheriff in each county of residence shall immediately be reported to the United States Marshals Service and the Alabama State Law Enforcement Agency.

"(d) The travel permit notification document shall explain the duties of the adult sex offender regarding travel as prescribed by the Alabama State Law Enforcement Agency and a certification that the adult sex offender understands the. The adult sex offender shall sign the travel permit stating that he or she duties required of him or her. If the adult sex offender refuses to sign the travel permit form, the travel permit shall be denied and that the information he or she provided on the travel notification document is true and correct. No sex offender shall provide false information on the travel notification document.

"(e) The sheriff in each county of residence shall immediately notify local law enforcement in the county or the jurisdiction to which the adult sex offender will be traveling.

"(f) Upon return to the county of residence, the adult sex offender shall immediately report to the sheriff in each county of residence.

"(g) All completed travel permits notification documents shall be included with the adult sex offender's required registration information.

"(h) Any person who knowingly violates this section shall be guilty of a Class C felony.

15-20A-16.

"(a) No adult sex offender shall contact, directly or indirectly, in person or through others, by phone, mail, or electronic means, any former victim. No sex offender shall make any harassing communication, directly or indirectly, in person or through others, by phone, mail, or electronic means to the victim or any immediate family member of the victim.

"(b) No adult sex offender shall knowingly come within 100 feet of a former victim.

"(c) No sex offender shall make any harassing communication, directly or indirectly, in person or through others, by phone, mail, or electronic means to the victim or any immediate family member of the victim.

"(c) Notwithstanding subsections (a) and (b), a (d) A petition to exclude an adult sex offender from the requirements of subsections (a) and (b) of this section and Section 15-20A-11(b) may be filed in accordance with the requirements of Section 15-20A-24(c). The court shall conduct a hearing and may shall exclude an adult sex offender from the provisions of this section provided that:

"(1) The victim appears in court at the time of the hearing and requests the exemption in writing in open court.

"(2) The court finds by clear and convincing evidence that the victim's court appearance and written request pursuant to subdivision (1) were made voluntarily.

"(3) The victim is over the age of 19 at the time of the request.

"(3) The sex offense is an offense included in Section 13A-6-62, 13A-6-64, 13A-6-65, or 13A-6-67, of if the crime was committed in this state or any other jurisdiction which, if had been committed in this state under the current provisions of law, would constitute an offense listed in Section 13A-6-62, 13A-6-64, 13A-6-65, or 13A-6-67.

"(4) The district attorney or prosecuting attorney shall be notified of the hearing and shall have the right to be present and heard.

"(d) Notwithstanding any state or local law or rule assigning costs and fees for filing and processing civil and criminal cases a petition filed shall be assessed a filing fee in the amount of two hundred dollars ($200) to be distributed as provided in Section 15-20A-46.

"(e) Any person who knowingly violates this section shall be guilty of a Class C felony.

15-20A-18.

"(a) Every adult sex offender who is a resident of this state shall obtain from the Alabama State Law Enforcement Agency, and always have in his or her possession, a valid driver license or identification card issued by the Alabama State Law Enforcement Agency. If any adult sex offender is ineligible to be issued a driver license or official identification card, the Alabama State Law Enforcement Agency shall provide the adult sex offender some other form of identification card or documentation that, if it is kept in the possession of the adult sex offender, shall satisfy the requirements of this section. If any adult sex offender is determined to be indigent, an identification card, or other form of identification or documentation that satisfies the requirements of this section, shall be issued to the adult sex offender at no cost. Indigence shall be determined by order of the court prior to each issuance of a driver license or identification card.

(b) The adult sex offender shall obtain from the Alabama State Law Enforcement Agency a valid driver license or identification card bearing a designation that enables law enforcement officers to identify the licensee as a sex offender within 14 days of his or her initial registration following release, initial registration upon entering the state to become a resident, or immediately following his or her next registration after July 1, 2011.

(c) Whenever the Alabama State Law Enforcement Agency issues or renews a driver license or identification card to an adult sex offender, the driver license or identification card shall bear a designation that, at a minimum, enables law enforcement officers to identify the licensee as a sex offender.

(d) Upon obtaining or renewing a driver license or identification card bearing a designation that enables law enforcement officers to identify the licensee as a sex offender, the adult sex offender shall relinquish to the Alabama State Law Enforcement Agency any other driver license or identification card previously issued to him or her by a state motor vehicle agency which does not bear any designation enabling law enforcement officers to identify the licensee as a sex offender. Nothing in this section shall require an adult sex offender to relinquish, or preclude an adult sex offender from possessing, any form of identification issued to him or her by an entity other than a state motor vehicle agency, including, but not limited to, the United States, a federal department or agency, a municipal or county government entity, an educational institution, or a private employer.

(e) No adult sex offender shall mutilate, mar, change, reproduce, alter, deface, disfigure, or otherwise change the form of any driver license or identification card which is issued to the adult sex offender by the Alabama State Law Enforcement Agency and which bears any designation enabling law enforcement officers to identify the licensee as a sex offender. An adult sex offender having in his or her possession a driver license or identification card issued to him or her by the Alabama State Law Enforcement Agency bearing any designation enabling law enforcement officers to identify the licensee as a sex offender which has been mutilated, marred, changed, reproduced, altered, defaced, disfigured, or otherwise changed shall be prima facie evidence that he or she has violated this section.

(f) Any person who knowingly violates this section shall be guilty of a Class C felony.

15-20A-21.

"(a) Immediately upon the release of an adult sex offender or immediately upon notice of where the adult sex offender plans to establish, or has established a fixed residence, the following procedures shall apply:

"(1) In the Cities of Birmingham, Mobile, Huntsville, and Montgomery, the chief of police shall notify all persons who have a legal residence within 1,000 feet of the declared fixed residence of the adult sex offender and all schools and childcare facilities within three miles of the declared fixed residence of the adult sex offender that the adult sex offender will be establishing or has established his or her fixed residence.

"(2) In all other cities in Alabama with a resident population of 5,000 or more, the chief of police, or if none, then the sheriff of the county, shall notify all persons who have a legal residence within 1,500 feet of the declared fixed residence of the adult sex offender and all schools and childcare facilities within three miles of the declared fixed residence of the adult sex offender that the adult sex offender will be establishing or has established his or her fixed residence.

"(3) In all other municipalities with a resident population of less than 5,000, and in all unincorporated areas, the sheriff of the county in which the adult sex offender intends to reside shall notify all persons who have a legal residence within 2,000 feet of the declared fixed residence of the adult sex offender and all schools and childcare facilities within three miles of the declared fixed residence of the adult sex offender that the adult sex offender will be establishing or has established his or her fixed residence.

"(b) A community notification flyer shall be made by regular mail or hand delivered to all legal residences required by this section and include registration information pursuant to Section 15-20A-8. In addition, any other method reasonably expected to provide notification may be utilized, including, but not limited to, posting a copy of the notice in a prominent place at the office of the sheriff and at the police station closest to the declared fixed residence of the released adult sex offender, publicizing the notice in a local newspaper, posting electronically, including the Internet, or other means available.

"(c) Nothing in this chapter shall be construed as prohibiting the Secretary of the Alabama State Law Enforcement Agency, a sheriff, or a chief of police from providing community notification under the provisions of this chapter by regular mail, electronically, or by publication or periodically to persons whose legal residence is within the guidelines of this chapter or more than the applicable distance from the residence of an adult sex offender.

"(d) When an a homeless adult sex offender declares that he or she is homeless who lacks a fixed residence registers pursuant to Section 15-20A-12, notification shall be provided by posting a copy of the notice in a prominent place at the office of the sheriff and at the police station closest to the declared residence of the released adult sex offender, publicizing the notice in a local newspaper, or posting the notice electronically, including the Internet or other means available.

15-20A-23.

"(a) A sex offender required to register under this chapter may petition the court for relief from the residency restriction pursuant to subsection (a) of Section 15-20A-11 during the time a sex offender is terminally ill or permanently immobile, or the sex offender has a debilitating medical condition requiring substantial care or supervision or requires placement in a residential health care facility.

"(b) A petition for relief pursuant to this section shall be filed in the civil division of the circuit court of the county in which the sex offender seeks relief from the residency restriction.

"(c) The sex offender shall serve a copy of the petition by certified mail on all of the following:

"(1) The prosecuting attorney in the county of adjudication or conviction, if the sex offender was adjudicated or convicted in this state.

"(2) The prosecuting attorney of the county where the sex offender seeks relief from the residency restriction.

"(3) Local law enforcement where the sex offender was adjudicated or convicted if the sex offender was adjudicated or convicted in this state.

"(4) Local law enforcement where the adult sex offender seeks relief from the residency restriction.

"(d) The petition and documentation to support the request for relief shall include all of the following:

"(1) A certified copy of the adjudication or conviction requiring registration, including a detailed description of the sex offense.

"(2) A list of each county, municipality, and jurisdiction where the sex offender is required to register or has ever been required to register.

"(3) The sex offender's criminal record and an affidavit stating that the sex offender has no pending criminal charges.

"(4) Notarized documentation of the sex offender's condition by his or her medical provider.

"(5) A release allowing the prosecuting attorney or the court to obtain any other medical records or documentation relevant to the petition.

"(6) Any other information requested by the court relevant to the petition.

"(e) Upon notification of the petition, the prosecuting attorney shall make reasonable efforts to notify the victim of the crime for which the sex offender is required to register of the petition and the dates and times of any hearings or other proceedings in connection with the petition.

"(f) The court shall hold a hearing within 30 days of the filing of the petition. Upon request of the prosecuting attorney, and for good cause shown, the hearing may be continued to allow the prosecuting attorney to obtain any relevant records pertinent to the hearing. At the hearing the prosecuting attorney and the victim shall have the opportunity to be heard.

"(g) The court may shall issue an order releasing the sex offender from the residency restrictions pursuant to subsection (a) of Section 15-20A-11 if the court finds by clear and convincing evidence that the sex offender (1) is terminally ill, permanently immobile, has a debilitating medical condition requiring substantial care or supervision, or requires placement in a residential health care facility and (2) does not pose a substantial risk of perpetrating any future dangerous sexual offense or that the sex offender is not likely to reoffend. The court may relieve a sex offender from any residency restrictions indefinitely or for a specific period of time.

"(h) The court shall send a copy of any order releasing a sex offender from residency restrictions pursuant to subsection (a) of Section 15-20A-11 to the prosecuting attorney and the Alabama State Law Enforcement Agency.

"(i) If the court finds that the sex offender still poses a risk, has provided false or misleading information in support of the petition, or failed to serve the petition and supporting documentation upon the parties as provided for in subsection (c), then the petition shall be denied.

"(j) If the petition for release is denied, the sex offender may not file a subsequent petition for at least 12 months from the date of the final order on the previous petition unless good cause is shown and the sex offender's mental or physical condition has severely changed.

"(k) If at any time the sex offender is no longer terminally ill, permanently immobile, or no longer suffers from a debilitating medical condition requiring substantial care or supervision or no longer requires placement in a residential health care facility, the sex offender shall immediately register in person with local law enforcement in each county of residence, and update all required registration information, and comply with the residency restriction pursuant to subsection (a) of Section 15-20A-11.

"(l) No sex offender petitioning the court under this section for an order terminating the sex offender's obligation to comply with the residency restrictions is entitled to publicly funded experts or publicly funded witnesses.

"(m) The Upon request of the state, the court may petition the court to reinstate the restrictions pursuant to subsection (a) of Section 15-20A-11 for good cause shown, including, but not limited to, whenever the grounds for a relief order issued pursuant to subsection (g) are revealed to be false or no longer true. No filing fee may be assessed for a petition filed under this subsection.

"(n) Notwithstanding any state or local rule assigning costs and fees for filing and processing civil and criminal cases, a sex offender's petition under this section shall be assessed a filing fee in the amount of two hundred dollars ($200) to be distributed as provided in Section 15-20A-46. The filing fee may be waived initially and taxed as costs at the conclusion of the case if the court finds that payment of the fee will constitute a substantial hardship. A verified statement of substantial hardship, signed by the sex offender and approved by the court, shall be filed with the clerk of court.

"(o) If a sex offender seeks relief from the court pursuant to this section, the enforcement of this chapter shall not be stayed pending a ruling of the court.

"(p) A person who knowingly provides false or misleading information pursuant to this section shall be guilty of a Class C felony.

15-20A-24.

"(a) At disposition, sentencing, upon completion of probation, or upon completion of a term of registration ordered by the sentencing court, a sex offender may petition the court for relief from registration and notification the requirements of this chapter resulting from any of the following offenses, provided that he or she meets the requirements set forth in subsection (b):

"(1) Rape in the second degree, as provided by subdivision (1) of subsection (a) of Section 13A-6-62.

"(2) Sodomy in the second degree, as provided by subdivision (1) of subsection (a) of Section 13A-6-64.

"(3) Sexual abuse in the second degree, as provided by subdivision (2) of subsection (a) of Section 13A-6-67.

"(4) Sexual misconduct, as provided by Section 13A-6-65.

"(5) Any crime committed in this state or any other jurisdiction which, if had been committed in this state under the current provisions of law, would constitute an offense listed in subdivisions (1) to (4), inclusive.

"(6) Any solicitation, attempt, or conspiracy to commit any of the offenses listed in subdivisions (1) to (5), inclusive.

"(b) The sex offender shall prove by clear and convincing evidence all of the following to be eligible for obtain relief under this section:

"(1) The sex offense did not involve force and was only a crime due to the age of the victim.

"(2) At the time of the commission of the sex offense, the victim was 13 years of age or older.

"(3) At the time of the commission of the sex offense, the sex offender was less than five years older than the victim.

"(c) If the petition for relief is filed after sentencing or disposition, the petition for relief shall be filed as follows:

"(1) If the adult or youthful offender sex offender was adjudicated or convicted in this state, the petition for relief shall be filed in the civil division of the circuit court where the adult or youthful offender sex offender was adjudicated or convicted.

"(2) If the adult or youthful offender sex offender was adjudicated or convicted in a jurisdiction outside of this state, the petition for relief shall be filed in the civil division of the circuit court in the county in which the adult or youthful offender sex offender resides.

"(3) If the juvenile sex offender was adjudicated in this state, the petition for relief shall be filed in the juvenile court.

"(4) If the juvenile sex offender was adjudicated in a jurisdiction outside of this state, the petition for relief shall be filed in the juvenile court in the county in which the juvenile sex offender resides.

"(d)(1) The sex offender shall serve a copy of the petition by certified mail on all of the following:

"a. The prosecuting attorney in the county of adjudication or conviction, if the sex offender was adjudicated or convicted in this state.

"b. The prosecuting attorney of the county where the sex offender resides.

"c. Local law enforcement where the sex offender was adjudicated or convicted, if the sex offender was adjudicated or convicted in this state.

"d. Local law enforcement where the adult sex offender resides.

"(2) Failure of the sex offender to serve a copy of the petition as required by this subsection shall result in an automatic denial of the petition.

"(e) The petition and documentation to support the request for relief shall include all of the following:

"(1) The offense that the sex offender was initially charged with and the offense that the sex offender was adjudicated or convicted of, if different.

"(2) A certified copy of the adjudication or conviction requiring registration including a detailed description of the sex offense, if the petition is filed upon completion of probation or a term of registration.

"(3) Proof of the age of the victim and the age of the sex offender at the time of the commission of the sex offense.

"(4) A list of each registering agency in each county and jurisdiction in which the sex offender is required to or has ever been required to register, if the petition is filed upon completion of probation or a term of registration.

"(5) The sex offender's criminal record and an affidavit stating that the sex offender has no pending criminal charges.

"(6) Any other information requested by the court relevant to the request for relief.

"(f) Upon notification of the petition, the prosecuting attorney shall make reasonable efforts to notify the victim of the crime for which the sex offender is required to register of the petition and the dates and times of any hearings or other proceedings in connection with the petition.

"(g) The court shall hold a hearing prior to ruling on the petition. At the hearing, the prosecuting attorney and the victim shall have the opportunity to be heard.

"(h) The court shall issue an order releasing the sex offender from some or all requirements of this chapter pursuant to subsection (i) if the court finds by clear and convincing evidence that the sex offender does not pose a substantial risk of perpetrating any future sex offense. In determining whether to grant relief, the court may consider any of the following:

"(1) Recommendations from the sex offender's probation officer, including, but not limited to, the recommendations in the presentence investigation report and the sex offender's compliance with supervision requirements.

"(2) Recommendations from the prosecuting attorney.

"(3) Any written or oral testimony submitted by the victim or the parent, guardian, or custodian of the victim.

"(4) The facts and circumstances surrounding the offense.

"(5) The relationship of the parties.

"(6) The criminal history of the sex offender.

"(7) The protection of society.

"(8) Any other information deemed relevant by the court.

"(i) The court may grant full or partial relief from this chapter. If the court grants relief, the court shall enter an order detailing the relief granted and provide a copy of the order to the prosecuting attorney and the Alabama State Law Enforcement Agency.

"(j) If the court denies the petition, the sex offender may not petition the court again until 12 months after the date of the order denying the petition.

"(k) A sex offender is not eligible for relief under this section if he or she was adjudicated or convicted of a sex offense previous to or subsequent to the offense of which he or she is petitioning the court for relief or has any pending criminal charges for any sex offense.

"(l) If In addition to sex offenders adjudicated or convicted of a sex offense on or after July 1, 2011, a sex offender was adjudicated or convicted of any of the offenses specified in subsection (a) prior to July 1, 2011, and who meets the eligibility requirements specified in subsection (b), except as otherwise provided for in subsection (k), the sex offender may petition the court for relief pursuant to this section.

"(m) Notwithstanding any state or local law or rule assigning costs and fees for filing and processing civil and criminal cases, except when this relief is sought at the time of sentencing or disposition, a sex offender's petition under this section shall be assessed a filing fee in the amount of two hundred dollars ($200) to be distributed as provided in Section 15-20A-46. The filing fee may be waived initially and taxed as costs at the conclusion of the case if the court finds that payment of the fee will constitute a substantial hardship. A verified statement of substantial hardship, signed by the sex offender and approved by the court, shall be filed with the clerk of court.

"(n) If a sex offender seeks relief from the court pursuant to this section, the enforcement of this chapter shall not be stayed pending a ruling of the court.

"(o) Any person who knowingly provides false or misleading information pursuant to this section shall be guilty of a Class C felony.

15-20A-25.

"(a) A sex offender may petition at sentencing, or if after sentencing, a sex offender may file a petition in the civil division of the circuit court in the county where the sex offender seeks to accept or maintain employment for relief from the employment restrictions pursuant to subsection (b) of Section 15-20A-13. A sex offender adjudicated or convicted of any of the following sex offenses shall not be entitled to relief under this section:

"(1) Rape in the first degree, as provided by Section 13A-6-61.

"(2) Sodomy in the first degree, as provided by Section 13A-6-63.

"(3) Sexual abuse in the first degree, as provided by Section 13A-6-66.

"(4) Sex abuse of a child less than 12 years old, as provided by Section 13A-6-69.1.

"(5) Sexual torture, as provided by Section 13A-6-65.1.

"(6) Any sex offense involving a child.

"(7) Any solicitation, attempt, or conspiracy to commit any of the offenses listed in subdivisions (1) to (6), inclusive.

"(8) Any offense committed in any other 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 (7), inclusive.

"(b)(1) The sex offender shall serve a copy of the petition by certified mail on all of the following:

"a. The prosecuting attorney in the county of adjudication or conviction, if the sex offender was adjudicated or convicted in this state.

"b. The prosecuting attorney of the county in which the sex offender seeks to accept or maintain employment.

"c. Local law enforcement where the sex offender was adjudicated or convicted, if the sex offender was adjudicated or convicted in this state.

"d. Local law enforcement where the sex offender seeks to accept or maintain employment.

"(2) Failure of the sex offender to serve a copy of the petition as required by this subsection shall result in an automatic denial of the petition.

"(c) The petition and documentation to support the petition shall include all of the following:

"(1) A certified copy of the adjudication or conviction requiring registration, including a detailed description of the sex offense, if the petition is filed after sentencing.

"(2) A list of each registering agency in each county and jurisdiction in which the sex offender is required to register or has ever been required to register, if the petition is filed after conviction.

"(3) The sex offender's criminal record and an affidavit stating that the sex offender has no pending criminal charges.

"(4) The location where the sex offender is employed or intends to obtain employment.

"(5) Justification as to why the court should grant relief.

"(6) Any other information requested by the court relevant to the petition.

"(d) Upon notification of the petition, the prosecuting attorney shall make reasonable efforts to notify the victim of the crime for which the sex offender is required to register of the petition and the dates and times of any hearings or other proceedings in connection with the petition.

"(e) The court shall hold a hearing prior to ruling on the petition. At the hearing, the prosecuting attorney and the victim shall have the opportunity to be heard.

"(f) The court shall issue an order releasing the sex offender from the requirements of the employment restrictions pursuant to subsection (b) of Section 15-20A-13 if the court finds by clear and convincing evidence that the sex offender does not pose a substantial risk of perpetrating any future sex offense. The court may consider any of the following factors in determining whether to grant relief:

"(1) The nature of the offense.

"(2) Past criminal history of the sex offender.

"(3) The location where the sex offender is employed or intends to obtain employment.

"(4) Any other information deemed relevant by the court.

"(g) If the court grants the petition, the court shall enter an order detailing the relief granted and provide a copy of the order to the prosecuting attorney where the petition was filed and to the Alabama State Law Enforcement Agency.

"(h) A sex offender is not eligible for relief under this section if he or she was adjudicated or convicted of a sex offense previous to or subsequent to the offense of which he or she is petitioning the court for relief or has any pending criminal charges for any sex offense.

"(i) The Upon request of the state, the court may petition the court to reinstate the restrictions pursuant to subsection (b) of Section 15-20A-13 for good cause shown, including, but not limited to, whenever the grounds for a relief order issued pursuant to subsection (f) are revealed to be false or no longer true. No filing fee may be assessed for a petition filed under this subsection.

"(j) Notwithstanding any state or local law or rule assigning costs and fees for filing and processing civil and criminal cases, except when this relief is sought at the time of sentencing, a sex offender's petition under this section shall be assessed a filing fee in the amount of two hundred dollars ($200) to be distributed as provided in Section 15-20A-46. The filing fee may be waived initially and taxed as costs at the conclusion of the case if the court finds that payment of the fee will constitute a substantial hardship. A verified statement of substantial hardship, signed by the sex offender and approved by the court, shall be filed with the clerk of court.

"(k) If a sex offender seeks relief from the court pursuant to this section, the enforcement of this chapter shall not be stayed pending a ruling of the court.

"(l) A person who knowingly provides false or misleading information pursuant to this section shall be guilty of a Class C felony.

15-20A-26.

"(a) Upon adjudication of delinquency for a sex offense, a juvenile sex offender shall be required to receive sex offender treatment by a sex offender treatment program or provider approved by the Department of Youth Services.

"(b) Upon completion of sex offender treatment, the juvenile sex offender shall be required to undergo a sex offender risk assessment. The treatment provider shall provide a copy of the risk assessment to the sentencing court, the prosecuting attorney, and the juvenile probation office not less than 60 days prior to the projected release of the juvenile sex offender from a facility where the juvenile sex offender does not have unsupervised access to the public or immediately upon completion of the risk assessment if the juvenile sex offender is not in a facility where the juvenile sex offender does not have unsupervised access to the public.

"(c) Upon receiving the risk assessment, the juvenile probation office shall provide a copy of the risk assessment to the state and either the attorney for the juvenile sex offender or the parent, guardian, or custodian of the juvenile sex offender. In addition, the juvenile probation office shall immediately notify the attorney for the juvenile sex offender and either the parent, guardian, or custodian of the pending release of the juvenile sex offender from a facility where the juvenile sex offender does not have unsupervised access to the public.

"(d) Within 60 days of receiving the risk assessment, the court shall conduct a hearing to determine the risk of the juvenile sex offender to the community and the level of notification that shall apply.

"(e) No juvenile sex offender shall be removed from the supervision of the sentencing juvenile court until such time as the juvenile sex offender has completed treatment, the treatment provider has filed a risk assessment with the sentencing court, and the sentencing court has conducted a hearing to determine the risk of the juvenile sex offender to the community and the level of notification that shall apply.

15-20A-27.

"(a) In determining whether to apply notification requirements to a juvenile sex offender, the sentencing court shall consider any of the following factors relevant to the risk of re-offense:

"(1) Conditions of release that minimize the risk of re-offense, including, but not limited to, whether the juvenile sex offender is under supervision of probation, parole, or aftercare; receiving counseling, therapy, or treatment; or residing in a home situation that provides guidance and supervision.

"(2) Physical conditions that minimize the risk of re-offense, including, but not limited to, advanced age or debilitating illness.

"(3) Criminal history factors indicative of high risk of re-offense, including whether the conduct of the juvenile sex offender was found to be characterized by repetitive and compulsive behavior.

"(4) Whether psychological or psychiatric profiles indicate a risk of recidivism.

"(5) The relationship between the juvenile sex offender and the victim.

"(6) The particular facts and circumstances surrounding the offense.

"(7) The level of planning and participation in the offense.

"(8) Whether the offense involved the use of a weapon, violence, or infliction of serious bodily injury.

"(9) The number, date, and nature of prior offenses.

"(10) The response to treatment of the juvenile sex offender.

"(11) Recent behavior, including behavior while confined or while under supervision in the community.

"(12) Recent threats against persons or expressions of intent to commit additional crimes.

"(13) The protection of society.

"(14) Any other factors deemed relevant by the court.

"(b) If the sentencing court determines that the juvenile sex offender shall be subject to notification, the level of notification shall be applied as follows:

"(1) If the risk of re-offense is low, notification that the juvenile sex offender will be establishing or has established his or her a fixed residence shall be provided by local law enforcement to the principal of the school where the juvenile sex offender will attend after release. This notification shall include the name, actual living address, date of birth of the juvenile sex offender, and a statement of the sex offense for which he or she has been adjudicated delinquent, including the age and gender of the victim. This information shall be considered confidential by the school and be shared only with the teachers and staff with supervision over the juvenile sex offender. Whomever Whoever, except as specifically provided herein, directly or indirectly discloses or makes use of or knowingly permits the use of information concerning a juvenile sex offender described in this section, upon conviction thereof, shall be guilty of a Class A misdemeanor Class C felony within the jurisdiction of the juvenile court.

"(2) If the risk of re-offense is moderate, notification that the juvenile sex offender will be establishing, or has established, his or her a fixed residence shall be provided by local law enforcement to all schools and childcare facilities within three miles of the declared fixed residence of the juvenile sex offender. A community notification flyer shall be mailed by regular mail or hand delivered to all schools or childcare facilities as required by this subsection. No other method may be used to disseminate this information.

"(3) If the risk of re-offense is high, the public shall receive notification as though the juvenile sex offender were an adult sex offender in accordance with Section 15-20A-21.

"(c) The sentencing court shall enter an order stating whether the juvenile sex offender shall be subject to notification and the level of notification that shall be applied. The court shall provide a copy of the order to the prosecuting attorney and to the Alabama State Law Enforcement Agency.

"(d) The determination of notification by the sentencing court shall not be subject to appeal.

15-20A-28.

"(a) A juvenile adjudicated delinquent of any of the following sex offenses, who was 14 or older at the time of the offense, shall be subject to registration and notification, if applicable, for life:

"(1) Rape in the first degree, as provided by Section 13A-6-61.

"(2) Sodomy in the first degree, as provided by Section 13A-6-63.

"(3) Sexual abuse in the first degree, as provided by Section 13A-6-66.

"(4) Sexual torture, as provided by Section 13A-6-65.1.

"(5) Any offense committed in any other jurisdiction which, if had been committed in this state under the current provisions of law, would constitute an offense listed in subdivisions (1) to (4), inclusive.

"(6) Any offense, committed in this state or any other jurisdiction, comparable to or more severe than aggravated sexual abuse as described in 18 U.S.C. 2241(a) or (b).

"(7) Any attempt or conspiracy to commit any of the offenses listed in subdivisions (1) to (6), inclusive.

"(b) A juvenile sex offender subject to lifetime registration may petition the sentencing juvenile court for relief from registration and notification, if notification was ordered, 25 years after the juvenile sex offender is released from the offense subjecting the juvenile sex offender to registration in accordance with this chapter, pursuant to Section 15-20A-34.

"(c) A juvenile sex offender who is not subject to lifetime registration pursuant to subsection (a), shall be subject to this chapter for a period of 10 years from the last date of release from the offense subjecting the juvenile sex offender to registration in accordance with this chapter first registration.

"(d) If a juvenile sex offender required to register under this chapter is civilly committed, hospitalized, or re-incarcerated for another offense or, as the result of having violated the terms of probation, parole, or aftercare, fails to register or fails to comply with the requirements of this chapter, the registration requirements and the remaining period of time for which the juvenile sex offender shall register shall be tolled during the period of commitment, hospitalization, re-incarceration, or noncompliance.

"(e) (d) The sentencing court or the juvenile court where the juvenile sex offender resides, if the juvenile sex offender's adjudication of delinquency occurred in another jurisdiction, may give a juvenile sex offender credit for the time the juvenile sex offender was registered in another jurisdiction.

"(f) (e) A juvenile sex offender who is subsequently adjudicated as a youthful offender sex offender or convicted of another sex offense during his or her registration period shall be considered solely an adult sex offender.

15-20A-31.

"(a) During the time a juvenile sex offender is subject to the registration requirements of this chapter, the juvenile sex offender shall not apply for, accept, or maintain employment or vocation, or a volunteer position for any employment or vocation at any school, childcare facility, or any other business or organization that provides services primarily to children.

"(b) It shall be unlawful for the owner or operator of any childcare facility or any other organization that provides services primarily to children to knowingly employ provide employment or accept a volunteer services from position to a juvenile sex offender.

"(c) Any person who knowingly violates this section shall be guilty of a Class C felony.

15-20A-32.

"(a) A juvenile sex offender or youthful offender sex offender, or equivalent thereto, who is not currently a resident of this state, shall immediately appear in person and register all required registration information upon establishing a residence, accepting employment or a volunteer position, or beginning school attendance in this state with local law enforcement in each county where the juvenile sex offender or youthful offender sex offender resides or intends to reside, accepts employment or a volunteer position, or begins school attendance.

"(b) Within 30 days of initial registration, the juvenile sex offender or youthful offender sex offender shall provide each registering agency with a certified copy of his or her sex offense adjudication; however, a juvenile sex offender or youthful offender sex offender shall be exempt under this subsection if the court of adjudication seals the records and refuses to provide a certified copy or the records have been destroyed by the court.

"(c) Whenever a juvenile sex offender enters this state to establish a residence, he or she shall be subject to the requirements of this chapter as it applies to juvenile sex offenders in this state.

"(d) Whenever a youthful offender sex offender, or equivalent thereto, enters this state to establish a residence, he or she shall be subject to the requirements of this chapter as it applies to youthful offender sex offenders in this state.

"(e) A juvenile sex offender or youthful offender sex offender entering this state to accept employment or a volunteer position or to begin school attendance, but not to establish a residence, must immediately appear in person and register any subsequent changes to the required registration information with local law enforcement in each county where he or she is required to register.

"(f) Any person who knowingly violates this section shall be guilty of a Class C felony.

15-20A-34.

"(a) A juvenile sex offender subject to lifetime registration pursuant to Section 15-20A-28 may file a petition requesting the sentencing juvenile court to enter an order relieving the juvenile sex offender of the requirements pursuant to this chapter 25 years after the juvenile sex offender is released from the custody of the Department of Youth Services or sentenced, if the juvenile sex offender was placed on probation, for the sex offense requiring registration pursuant to this chapter.

"(b) The petition shall be filed as follows:

"(1) If the juvenile sex offender was adjudicated delinquent of a sex offense in this state, the petition shall be filed in the juvenile court of the county in which the juvenile sex offender was adjudicated delinquent.

"(2) If the juvenile sex offender was adjudicated delinquent of a sex offense in a jurisdiction outside of this state, the petition shall be filed in the juvenile court of the county in which the juvenile sex offender resides.

"(c)(1) The juvenile sex offender shall serve a copy of the petition by certified mail on all of the following:

"a. The prosecuting attorney in the county of adjudication, if the juvenile sex offender was adjudicated delinquent in this state.

"b. The prosecuting attorney of the county in which the juvenile sex offender resides.

"c. Local law enforcement where the juvenile sex offender was adjudicated delinquent, if the juvenile sex offender was adjudicated delinquent in this state.

"d. Local law enforcement where the juvenile sex offender resides.

"(2) Failure of the juvenile sex offender to serve a copy of the petition as required by this subsection shall result in an automatic denial of the petition.

"(d) The petition and documentation to support the petition shall include all of the following:

"(1) A certified copy of the adjudication of delinquency requiring registration.

"(2) Documentation of the juvenile sex offender's release date or sentencing date if the juvenile sex offender was placed on probation.

"(3) Evidence that the juvenile sex offender has completed a treatment program approved by the Department of Youth Services.

"(4) A list of each county and jurisdiction in which the juvenile sex offender is required to register or has ever been required to register.

"(5) The juvenile sex offender's criminal record and an affidavit stating that the juvenile sex offender has no pending criminal charges.

"(6) Any other information requested by the court relevant to the petition.

"(e) Upon notification of the petition, the prosecuting attorney shall make reasonable efforts to notify the victim of the offense for which the juvenile sex offender is required to register of the petition and of the dates and times of any hearings or other proceedings in connection with the petition.

"(f) The court shall hold a hearing prior to ruling on the petition. At the hearing, the prosecuting attorney and the victim shall have the opportunity to be heard.

"(g) The court may consider any of the following factors to determine whether to grant relief:

"(1) Recommendations from the juvenile sex offender's probation officer, including, but not limited to, the recommendations in the predisposition report and the juvenile sex offender's compliance with supervision requirements.

"(2) Recommendations from the juvenile sex offender's treatment provider, including, but not limited to, whether the juvenile sex offender successfully completed a treatment program approved by the Department of Youth Services.

"(3) Recommendations from the prosecuting attorney.

"(4) Any written or oral testimony submitted by the victim or the parent, custodian, or guardian of the victim.

"(5) The facts and circumstances surrounding the offense including, but not limited to, the age and number of victims, whether the act was premeditated, and whether the offense involved the use of a weapon, violence, or infliction of serious bodily injury.

"(6) Any criminal behavior of the juvenile sex offender before and after the adjudication of delinquency that requires reporting.

"(7) The stability of the juvenile sex offender in employment and housing and his or her community and personal support system.

"(8) The protection of society.

"(9) Any other factors deemed relevant by the court.

"(h) If the court is satisfied by clear and convincing evidence that the juvenile sex offender is rehabilitated and does not pose a threat to the safety of the public, the court may shall grant relief.

"(i) The court shall provide a copy of any order granting relief to the prosecuting attorney and to the Alabama State Law Enforcement Agency.

"(j) Upon receipt of a copy of an order granting relief as provided in this section, the Alabama State Law Enforcement Agency shall remove the juvenile sex offender from the public registry website. If the registering agencies maintain a local registry of sex offenders who are registered with their agencies, the registering agencies shall remove the registration information of the juvenile sex offender from the local sex offender public registry, if notification applied.

"(k) If the court denies the petition for relief, the juvenile sex offender shall wait at least 12 months from the date of the order denying the petition before petitioning the court again.

"(l) Notwithstanding any state or local law or rule assigning costs and fees for filing and processing civil and criminal cases, the fee for filing the petition for relief under this section shall be two hundred dollars ($200) to be distributed as provided in Section 15-20A-46. The filing fee may be waived initially and taxed as costs at the conclusion of the case if the court finds that payment of the fee will constitute a substantial hardship. A verified statement of substantial hardship, signed by the sex offender and approved by the court, shall be filed with the clerk of court.

"(m) If a sex offender seeks relief from the court pursuant to this section, the enforcement of this chapter shall not be stayed pending a ruling of the court.

"(n) A person who knowingly provides false or misleading information pursuant to this section shall be guilty of a Class C felony.

15-20A-37.

"(a) When a sex offender declares, and the county is notified that a sex offender intends to reside, be employed maintain employment or a volunteer position, or attend school in the county and the sex offender fails to appear for registration, the county that received the notice shall immediately inform the sheriff of the county that provided the notice that the sex offender failed to appear for registration.

"(b) When a sex offender fails to register or cannot be located, an effort shall immediately be made by the sheriff in the county in which the sex offender failed to register or is unable to be located to determine whether the sex offender has absconded.

"(c) If no determination can be made as to whether the sex offender has absconded, the sheriff of the county in which the sex offender failed to appear for registration shall immediately notify the Alabama State Law Enforcement Agency and the United States Marshals Service that the sex offender cannot be located and provide any information available to determine whether the sex offender absconded to the United States Marshals Service.

"(d) Once a determination is made that the sex offender has absconded, the following shall occur:

"(1) The sheriff of the county in which the sex offender has absconded shall immediately obtain a warrant for the arrest of the sex offender.

"(2) The sheriff of the county in which the sex offender has absconded shall immediately notify the United States Marshals Service and the Alabama State Law Enforcement Agency.

"(3) The Alabama State Law Enforcement Agency shall immediately update its public registry website to reflect that the sex offender has absconded.

"(4) The Alabama State Law Enforcement Agency shall immediately notify the Criminal Justice Information Center, who shall immediately notify the National Criminal Information Center.

"(5) The Alabama State Law Enforcement Agency shall immediately notify the National Sex Offender Registry to reflect that the sex offender has absconded and enter the information into the National Crime Center Wanted Person File.

"(e) A sex offender who knowingly fails to appear for registration after declaring his or her intent to reside, be employed, or attend school in a county without notifying local law enforcement in that county that he or she will no longer establish a residence, maintain employment or a volunteer position, or attend school, shall be guilty of a Class C felony.

15-20A-42.

"(a) Any jurisdiction or agency responsible for registering a sex offender shall immediately forward all required registration information and any changes to the required registration information received to the Alabama State Law Enforcement Agency in a manner determined by the Secretary of the Alabama State Law Enforcement Agency and promulgated in rule by the secretary upon recommendation of an advisory board consisting of representatives of the office of the Attorney General, District Attorneys Association, Chiefs of Police Association, Sheriffs Association, and the Alabama State Law Enforcement Agency. The advisory board members shall not receive any compensation or reimbursement for serving on the advisory board.

"(b) Upon notification or discovery of the death of a sex offender, the registering agency shall immediately notify the Alabama State Law Enforcement Agency.

"(c) The Alabama State Law Enforcement Agency shall immediately enter all registration information received into its sex offender database.

"(d) All information received by the Alabama State Law Enforcement Agency shall be immediately forwarded to the following by the Alabama State Law Enforcement Agency:

"(1) The National Criminal Information Center or any other law enforcement agency for any lawful criminal justice purpose.

"(2) The Sex Offender Registration and Notification Act Exchange Portal.

"(3) The National Sex Offender Registry.

"(4) Each county and municipality where the sex offender resides, is an employee, or is a student.

"(5) Each county and municipality from or to which a change of residence, employment, or student status occurs.

"(6) The campus police in each county or jurisdiction where the sex offender is a student.

"(7) The United States Marshals Service, if the sex offender is terminating residence in a jurisdiction to relocate to a foreign country.

"(8) The Attorney General's Office of Victim Assistance.

"(e) Upon request, all registration information shall be available in electric form to all federal, state, county, and municipal law enforcement agencies, prosecuting attorneys, probation officers, and any agency responsible for conducting employment-related background checks under the National Child Protection Act agencies in electronic form of 1993 (42 U.S.C. 5119a).

"(f) No existing state laws, including, but not limited to, statutes that would otherwise make juvenile and youthful offender records confidential, shall preclude the disclosure of any information requested by a responsible agency, a law enforcement officer, a criminal justice agency, the Office of the Attorney General, or a prosecuting attorney for purposes of administering, implementing, or enforcing this chapter. No state law shall preclude the disclosure of any information concerning a juvenile sex offender or youthful offender sex offender to the Department of Human Resources for the purpose of conducting an assessment with regard to a person as provided by law.

"(g) The sheriff of each county shall maintain a register or roster of the names of all persons registered by him or her pursuant to this chapter. The information contained in the register or roster shall be made available, upon request, to all federal, state, county, and municipal law enforcement agencies, prosecuting attorneys, or probation officers for the administration, implementation, or enforcement of this chapter.

"(h) Notwithstanding any other provision of law to the contrary, a sex offender's Internet identifiers as described in subdivision (9) of subsection (a) of Section 15-20A-7, and a sex offender's Internet service providers as described in subdivision (18) of subsection (a) of Section 15-20A-7, may only be disclosed pursuant to federal law or to law enforcement for the purpose of administering, implementing, or enforcing this chapter or to prevent or investigate a crime by the sex offender based on an articulable basis for suspicion. In no event shall such information be disclosed other than for one of the purposes identified in the preceding sentence. A violation of this subsection shall constitute a Class A misdemeanor.

15-20A-43.

"(a) Except as provided in Sections 15-20A-5, 15-20A-16, 15-20A-23, 15-20A-24, 15-20A-25, 15-20A-34 or the former 15-20-21(4)(a), the sex offender registration and notification requirements required by of this chapter are mandatory and shall not be altered, amended, waived, or suspended by any court. Any court order altering, amending, waiving, or suspending sex offender registration and notification requirements, except as provided in Sections 15-20A-5, 15-20A-16, 15-20A-23, 15-20A-24, 15-20A-25, 15-20A-34 or the former 15-20-21(4)(a), shall be null, void, and of no effect.

"(b) The Board of Pardons and Paroles shall not grant relief from any provisions of this chapter to any sex offender unless all three of the following conditions are met:

"(1) At the time of the commission of the sex offense, the sex offender was less than five years older than the victim.

"(2) At the time of the commission of the sex offense, the victim was 13 years of age or older.

"(3) The sex offense did not involve force and was only a crime due to the age of the victim."

Section 6. 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 because the bill defines a new crime or amends the definition of an existing crime.

Section 7. 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.


Sex Offenders
Sex Crimes
Crimes and Offenses
Criminal Law and Procedure
Children
Computers
Code Amended