SB 89 — Crimes & offenses, provides that it is unlawful to loiter within 30 feet of an interchange involving a controlled-access or limited access highway

SB89 INTRODUCEDENROLLED SB89 29QTSII-1LLQEYYW-2 By Senator Smitherman RFD:

13-Feb-24 Page 0 29QTSII-1SB89 02/02/2024Enrolled THREnrolled, (L)THRAn 2024-479Act, 23 45 SYNOPSIS:Relating to crimes and offenses;

Under existing law, it is unlawful for a person to loiter or remain on a public roadway maintained by the state or the right-of-way of a public roadway maintained by the state.

This bill would provide that it is unlawful to loiter or remain in any area within 30 feet of any interchange involving a controlled-access or limited-access highway.

This bill would also provide criminal penalties for violations.

Section 111.05 of the Constitution of Alabama of 2022, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless:

it comes within one of a number of specified exceptions;

it is approved by the affected entity;

or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the section.

However, the bill does not require approval of a local governmental Page 1 SB89 INTRODUCED entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the section.

A BILL TO BE ENTITLED AN ACT Relating to crimes and offenses;

Page 2 SB89 INTRODUCED (3) Loiters or remains in a public place for the purpose of engaging or soliciting another person to engage in prostitution or sodomy.

Page 1 SB89 Enrolled (5) Loiters or remains in or about a school, college, or university building or grounds after having been told to leave by any authorized official of the school, college, or university, not having any reason or relationship involving custody of or responsibility for a pupil or any other specific, legitimate reason for being there, and not having written permission from a school, college, or university administrator.

(b)An A"interchange" person does not commit a crime under subdivision (a)(4) if he or she is goingdefined toas or from or staying at a masqueradesystem party,of orinterconnecting isroadways participatingproviding infor atraffic publicmovement paradebetween ortwo Page 3 SB89 INTRODUCED presentation of an educational, religious, or historicalmore characterroadways orthat indo annot eventintersect asat definedgrade. in Section 13A-11-140.

(c)(b) SodomyA inperson does not commit a crime under subdivision (a)(3)(a)(4) if he or she is definedgoing to or from or staying at a masquerade party, or is participating in a public parade or presentation of an educational, religious, or historical character or in an event as defined in Section 13A-6-60.13A-11-140.

(c) Sodomy in subdivision (a)(3) is defined as in Page 2 SB89 Enrolled Section 13A-6-60.

95 (f)(1) Prior to making an arrest for a violation of subdivision (a)(1)(a)(8), a law enforcement officer may instruct any person in violation of subdivision (a)(1)(a)(8) to immediately and peaceably exit the public roadway maintained by the state or the right-of-way of the public roadway maintained by the state.

Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of Page 4 SB89 INTRODUCED local funds, the bill is excluded from further requirements and application under Section 111.05 of the Constitution of Alabama of 2022, because the bill defines a new crime or Page 3 SB89 Enrolled amends the definition of an existing crime.

Page 54 SB89 Enrolled 89 91 93 ________________________________________________ President and Presiding Officer of the Senate 97 99 ________________________________________________ Speaker of the House of Representatives SB89 Senate 29-Feb-24 I hereby certify that the within Act originated in and passed the Senate.

Patrick Harris, Secretary.

House of Representatives Amended and passed:

25-Apr-24 Senate concurred in House amendment 30-Apr-24 By:

Senator Smitherman Page 5