Below, you will find the bills that have been used by Greg's previous opponent as attacks on Greg's record and his character. If you don't want to read all of each bill, skip to each red section, where Greg explains each.
House Bill 262: I voted against this bill because it threatened the freedom of the clergy. My attempts to correct the legal language of the bill were rejected. As an attorney, I was concerned that the poorly written legal language would threaten the ability of this law to stand up in court. The other no vote was also by an attorney, actually a liberal democrat, who also had concerns.
HB262
52310-4
By Representatives Boothe, Spicer, Jackson, Vance and Martin
RFD: Judiciary
First Read: 06-MAR-03
Page 0
HB262
ENROLLED, An Act,
To amend Section 26-14-3 of the Code of Alabama
1975, relating to mandatory reporting of known or suspected
child abuse or neglect, to provide for the expungement of
records of information relating to reports which do not result
in a conviction; to further require reporting by members of
the clergy unless the information was specifically obtained in
a confidential communication under existing law which would
continue to be privileged; 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. Section 26-14-3 of the Code of Alabama
1975, is amended to read as follows:
"§26-14-3.
"(a) All hospitals, clinics, sanitariums, doctors,
physicians, surgeons, medical examiners, coroners, dentists,
osteopaths, optometrists, chiropractors, podiatrists, nurses,
school teachers and officials, peace officers, law enforcement
officials, pharmacists, social workers, day care workers or
employees, mental health professionals, members of the clergy
as defined in Rule 505 of the Alabama Rules of Evidence, or
any other person called upon to render aid or medical
Page 1
HB262
assistance to any child, when the child is known or suspected
to be a victim of child abuse or neglect, shall be required to
report, or cause a report to be made of the same, orally,
either by telephone or direct communication immediately,
followed by a written report, to a duly constituted authority.
"(b) When an initial report is made to a law
enforcement official, the official subsequently shall inform
the Department of Human Resources of the report so that the
department can carry out its responsibility to provide
protective services when deemed appropriate to the respective
child or children.
"(c) When the Department of Human Resources receives
initial reports of suspected abuse or neglect involving
discipline or corporal punishment committed in a public or
private school or suspected abuse or neglect in a
state-operated child residential facility, the Department of
Human Resources shall transmit a copy of school reports to the
law enforcement agency and residential facility reports to the
law enforcement agency and the operating state agency which
shall conduct the investigation. When the investigation is
completed, a written report of the completed investigation
shall contain the information required by the state Department
of Human Resources which shall be submitted by the law
enforcement agency or the state agency to the county
Page 2
HB262
department of human resources for entry into the state's
central registry.
"(d) Nothing in this chapter shall preclude
interagency agreements between departments of human resources,
law enforcement, and other state agencies on procedures for
investigating reports of suspected child abuse and neglect to
provide for departments of human resources to assist law
enforcement and other state agencies in these investigations.
"(e) Any provision of this section to the contrary
notwithstanding, if any agency or authority investigates any
report pursuant to this section and the report does not result
in a conviction, the agency or authority shall expunge any
record of the information or report and any data developed
from the record.
"(e) (f) Subsection (a) to the contrary
notwithstanding, a member of the clergy shall not be required
to report information gained solely in a confidential
communication privileged pursuant to Rule 505 of the Alabama
Rules of Evidence which communication shall continue to be
privileged as provided by law."
Section 2. 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
Page 3
HB262
bill defines a new crime or amends the definition of an
existing crime.
Section 3. 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.
Page 4
HB262
1
2
3
4
Speaker of the House of Representatives
5
6
President and Presiding Officer of the Senate
7 House of Representatives8 I hereby certify that the within Act originated in9 and was passed by the House 08-APR-03, as amended.
10
11 Greg Pappas
12 Clerk
13
14
15
16 Senate 11-JUN-03 Passed
Page 5
My Opponent did not mention the bills I was involved with that show my true opinion of Child Abusers and those types of criminals. Below are a couple of examples.
HB 47
House Bill 47 was a bill I DID vote FOR, which increased the punishment for Child Abusers by making the crime a Class C Felony. It did pass.
HB47
78091-5
By Representative DeMarco
RFD: Judiciary
First Read: 10-JAN-06
PFD: 11/21/2005
Page 0
HB47
ENROLLED, An Act,
To amend Section 26-15-3 of the Code of Alabama
1975, providing for the offense of child abuse, to specify
that the offense is a Class C felony; 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. Section 26-15-3 of the Code of Alabama
1975, is amended to read as follows:
"§26-15-3.
"A responsible person, as defined in Section
26-15-2, who shall torture, willfully abuse, cruelly beat or
otherwise willfully maltreat any child under the age of 18
years shall, on conviction, be punished by imprisonment in the
penitentiary for not less than one year nor more than 10 years
guilty of a Class C felony."
Section 2. 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.
Page 1
My Opponent did not mention the bills I was involved with that show my true opinion of Child Abusers. Below aR
House Bill 47 was a bill I DID vote FOR, which increased the punishment for Child Abusers by making the crime a Class C Felony. It did pass.
HB47
1 Section 3. This act shall become effective on the
2 first day of the third month following its passage and
3 approval by the Governor, or its otherwise becoming law.
Page 2
HB47
1
2
3
4
Speaker of the House of Representatives
5
6
President and Presiding Officer of the Senate
7 House of Representatives
8 I hereby certify that the within Act originated in9 and was passed by the House 09-MAR-06.
10
11 Greg Pappas
12 Clerk
13
14
15
16 Senate 17-APR-06 Passed
Page 3
House Bill 643 was sponsored in part BY ME, which would have increased punishments for Child Pornographers and made it easier to prosecute them. This bill did not pass the Democrat controlled house.
HB643
71360-2
By Representatives Albritton, McClurkin and Ison
RFD: Judiciary
First Read: 15-MAR-05
Page 0
71360-2:n:02/09/2005:LLR/tnh LRS2005-504R1
SYNOPSIS: Under existing law, it is unlawful for a
person to knowingly disseminate or display publicly
any obscene matter containing a visual reproduction
of a person under the age of 17 years engaged in
any act of sexual conduct.
This bill would express certain legislative
findings regarding the production, dissemination,
and display of obscene material concerning
children. This bill would further define the term
"matter" to include video cassette, tape, record,
digital video disc (DVD), video compilation, or
items generated or stored in a computer or any
other electronic device in the defined term. This
bill would define the terms "visual depiction" and
"unit of prosecution."
Amendment 621 of the Constitution of Alabama
of 1901 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
Page 1
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 Amendment 621. However,
the bill does not require approval of a local
governmental entity or enactment by a 2/3 vote to
become effective because it comes within one of the
specified exceptions contained in Amendment 621.
A BILL
TO BE ENTITLED
AN ACT
To amend Sections 13A-12-190, 13A-12-191,
13A-12-192, 13A-12-193, 13A-12-194, 13A-12-196, and 13A-12-197
of the Code of Alabama 1975, relating to obscene material
involving children; to express certain legislative findings
regarding the production, dissemination, and display of
obscene material concerning children; to further define the
term "matter" to include video cassette, tape, record, digital
video disc (DVD), video compilation, or items generated or
stored in a computer or any other electronic device in the
defined term; to define the terms "visual depiction" and "unit
Page 2
of prosecution"; 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. Sections 13A-12-190, 13A-12-191,
13A-12-192, 13A-12-193, 13A-12-194, 13A-12-196, and 13A-12-197
of the Code of Alabama 1975, are amended to read as follows:
"§13A-12-190.
"(a) The Legislature of Alabama finds and declares
the following:
"(1) The production, dissemination, and display of
obscene material containing depiction of children are not
victimless crimes.
"(2) The production of these images involves the
coercion and abuse of children in their most formative years
and thus directly victimizes the children depicted.
"(3) The possession, dissemination, and display of
obscene matter containing depictions of children memorialize
the abuse of the children depicted.
"(4) Each time these images are disseminated or
displayed publicly, the children in those images are
victimized anew.
"(5) This process of victimization harms the
children depicted long after the obscene matter is produced in
the first instance.
Page 3
"(6) These crimes entail harmful collateral
consequences in that they may lead to the physical, mental, or
sexual abuse of other persons.
"(7) These crimes may have harmful effects on the
mental and emotional health of individuals who view obscene
material containing visual depictions of children, and thereby
cause the state to incur costs attributable to public safety,
health, and welfare.
"(b) For the purposes of this division, the
following terms shall have the meanings respectively ascribed
to them by this section:
"(1) DISSEMINATE. To sell, lend or show for monetary
consideration or to offer or agree to do the same.
"(2) DISPLAY PUBLICLY. The exposing, placing,
posting, exhibiting or in any fashion displaying in any
location, whether public or private, an item in such a manner
that it may be readily seen and its content or character
distinguished by normal unaided vision viewing it from a
public thoroughfare, depot or vehicle.
"(3) PUBLIC THOROUGHFARE, DEPOT or VEHICLE. Any
street, highway, park, depot or transportation platform or
other place, whether indoors or out, or any vehicle for public
transportation, owned or operated by government, either
directly or through a public corporation or authority, or
owned or operated by any agency of public transportation that
is designed for the use, enjoyment or transportation of the
general public.
Page 4
"(4) KNOWINGLY. A person knowingly disseminates or
publicly displays obscene matter when the person knows the
nature of the matter. A person knows the nature of the matter
when either of the following circumstances exist:
"a. The person is aware of the character and content
of the matter; or
"b. The person recklessly disregards circumstances
suggesting the character and content of the matter.
"(5) SADO-MASOCHISTIC ABUSE. Such term means either
of the following:
"a. Flagellation or torture, for the purpose of
sexual stimulation, by or upon a person who is nude or clad in
undergarments or in a revealing or bizarre costume; or
"b. The condition of a person who is nude or clad in
undergarments or in a revealing or bizarre costume being
fettered, bound or otherwise physically restrained for the
purpose of sexual stimulation.
"(6) SEXUAL EXCITEMENT. The condition of human male
or female genitals when in a state of sexual stimulation.
"(7) SEXUAL INTERCOURSE. Intercourse, real or
simulated, whether genital-genital, oral-genital, anal-genital
or oral-anal, whether between persons of the same or opposite
sex or between a human and an animal.
"(8) MASTURBATION. Manipulation, by hand or
instrument, of the human genitals, whether one's own or
another's for the purpose of sexual stimulation.
Page 5
"(9) OTHER SEXUAL CONDUCT. Any touching of the
genitals, pubic areas or buttocks of the human male or female,
or the breasts of the female, whether alone or between members
of the same or opposite sex or between humans and animals in
an act of apparent sexual stimulation or gratification.
"(10) BREAST NUDITY. The lewd showing of the
post-pubertal human female breasts below a point immediately
above the top of the areola.
"(11) GENITAL NUDITY. The lewd showing of the
genitals or pubic area.
"(12) MATTER. Any book, magazine, newspaper, or
other printed material, or any picture, photograph, motion
picture or electrical, video cassette, tape, record, digital
video disc (DVD), video compilation, or electronic
reproduction depiction in a comparable format, or an image,
file, download, or other content generated, stored, or
reproduced by using a computer or electronic device, or any
other thing, articles, or materials that either are or contain
a photographic or other visual reproduction depiction of a
live act, performance, or event.
"(13) OBSCENE. a. When used to describe any matter
that contains a visual reproduction of breast nudity, such
term means matter that:
"1. Applying contemporary local community standards,
on the whole, appeals to the prurient interest; and
"2. Is patently offensive; and
Page 6
"3. On the whole, lacks serious literary, artistic,
political or scientific value.
"b. When used to describe matter that contains a
visual reproduction is a depiction of an act of
sado-masochistic abuse, sexual intercourse, sexual excitement,
masturbation, genital nudity, or other sexual conduct, such
term means matter containing such a visual reproduction that
itself lacks serious literary, artistic, political or
scientific value.
"(14) LOCAL COMMUNITY. The judicial circuit in which
the indictment is brought.
"(15) VISUAL DEPICTION. A portrayal, representation,
illustration, image, likeness, or other thing that creates a
sensory impression, whether an original, duplicate, or
reproduction. A single visual depiction that portrays, shows,
represents, illustrates, or presents an image or likeness of
more than one person constitutes a separate visual depiction
of each person whose image or likeness is portrayed, shown,
represented, illustrated, or presented.
"(16) UNIT OF PROSECUTION. Each depiction of each
individual less than 17 years of age that violates this
division constitutes a unit of prosecution.
"§13A-12-191.
"Any person who shall knowingly disseminate or
display publicly any obscene matter containing a visual
reproduction depiction of a person under the age of 17 years
engaged in any act of sado-masochistic abuse, sexual
Page 7
intercourse, sexual excitement, masturbation, breast nudity,
genital nudity, or other sexual conduct shall be guilty of a
Class B felony.
"§13A-12-192.
"(a) Any person who knowingly possesses with intent
to disseminate any obscene matter containing that contains a
visual reproduction depiction of a person under the age of 17
years engaged in any act of sado-masochistic abuse, sexual
intercourse, sexual excitement, masturbation, breast nudity,
genital nudity, or other sexual conduct shall be guilty of a
Class B felony. Possession of three or more copies of the same
visual depiction contained in obscene material matter is prima
facie evidence of possession with intent to disseminate the
same.
"(b) Any person who knowingly possesses any obscene
matter containing that contains a visual reproduction
depiction of a person under the age of 17 years engaged in any
act of sado-masochistic abuse, sexual intercourse, sexual
excitement, masturbation, genital nudity, or other sexual
conduct shall be guilty of a Class C felony.
"§13A-12-193.
"(a) In proving that any a person in a visually
reproduced matter visual depiction who is engaged in any
obscene act set out in Sections 13A-12-191, 13A-12-192,
13A-12-196 and 13A-12-197 is under the age of 17 years, the
state is not required to introduce into evidence a birth
certificate, produce testimony as to the date of birth of such
Page 8
person, or produce testimony of any person who knows or is
acquainted with the person alleged to be under the age of 17
years. If the defendant or the state intends to rely on a
birth certificate to prove the date of birth of any person in
the visually reproduced matter, such defendant or the state
shall file with the clerk of the court in which the action is
pending, at least 15 days prior to trial, a notice of an
intention to rely on an official, certified copy of a birth
certificate together with a copy of the said birth
certificate.
"(b) A jury, or the court if a jury trial is waived,
may infer from the following factors whether or not the person
displayed or depicted in any obscene matter is under the age
of 17 years:
"(1) The general body growth and bone structure of
the person;
"(2) The development of pubic hair or body hair on
the person;
"(3) The development of the person's sexual organs;
"(4) The context in which the person is placed by
any accompanying printed or text material;
"(5) Any expert testimony as to the degree of
maturity of the person.
"(c) The existence of any or all of the factors
listed in subsection (b) of this section shall not operate to
change the requirement that before any conviction may be had,
the state must convince the factfinder beyond a reasonable
Page 9
doubt that the person engaged in the act of sado-masochistic
abuse, sexual intercourse, sexual excitement, masturbation,
breast nudity, genital nudity, or other sexual conduct in the
visually reproduced matter visual depiction is under the age
of 17 years.
"§13A-12-194.
"The state shall not be required to establish the
identity, either in the indictment or in any subsequent
proceeding, of the person alleged to be under the age of 17
years who is engaged in any of the acts described in Sections
13A-12-191, 13A-12-192, 13A-12-196 and 13A-12-197, which are
visually reproduced visual depiction.
"§13A-12-196.
"Any parent or guardian who knowingly permits or
allows their child, ward, or dependent under the age of 17
years to engage in the production of any obscene matter
containing a visual reproduction depiction of such child,
ward, or dependent under the age of 17 years engaged in any
act of sado-masochistic abuse, sexual excitement,
masturbation, breast nudity, genital nudity, or other sexual
conduct shall be guilty of a Class A felony.
"§13A-12-197.
"Any person who knowingly films, prints, records,
photographs or otherwise produces any obscene matter that
contains a visual reproduction depiction of a person under the
age of 17 years engaged in any act of sado-masochistic abuse,
sexual intercourse, sexual excitement, masturbation, breast
Page 10
nudity, genital nudity, or other sexual conduct shall be
guilty of a Class A felony."
Section 2. 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 3. 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.
Page 11
HB17 This bill was used by my opponent to say that I "killed" this bill, which was debated on the floor but not brought to a final vote. Actually, the sponsor withdrew the bill after it was debated by several other House Members due to the language, which could have taken away basic parental rights.
History for HB17 (Regular Session 2005)
Date
Body
Amend/Subst
Matter
Committee
Nay
Yea
Abs
Vote
02/01/2005
H
Read for the first time and referred to the House of Representatives committee on Judiciary
JUDY
02/10/2005
H
Read for the second time and placed on the calendar with 1 substitute and
02/22/2005
H
Third Reading Carried Over
02/22/2005
H
Judiciary first Substitute Offered
02/22/2005
H
Ward motion to Carry Over Temporarily adopted Voice Vote
05/03/2005
H
Indefinitely Postponed
HB762 was introduced at the request of the Conecuh County Commission so it could create the Authority. Conecuh County voters also voted on this, and it passed by 68%. I did not work for the Authority, or get paid by them for anything, until AFTER I was out of office. There was no "group of investors," as referred to in my opponent's attack ad about this.
HB762
73434-5
By Representatives Albritton, Jackson and Newton (C) (N & P)
RFD: Local Legislation
First Read: 12-APR-05
Page 0
HB762
ENROLLED, An Act,
Relating to Conecuh County, to provide for the
incorporation of a public corporation as a political
subdivision of the state to be named the Conecuh County
Reservoir Management Area Authority, for the development of
that portion of Murder Creek in Conecuh County and within the
Conecuh County Reservoir Management Area, its tributaries and
watershed area, for the purposes of water conservation and
supply, dam construction and reservoir development, industrial
development, flood control, navigation, irrigation, public
recreation and related purposes.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall only apply in Conecuh
County.
Section 2. (a) The Conecuh County Reservoir
Management Area Authority is created, and may incorporate
under the general laws of this state as a public corporation
and political subdivision of the State of Alabama for the
purpose of developing that part of Murder Creek and its
tributaries and watershed area located in Conecuh County and
the area managed by the authority for purposes of water
conservation, flood management, industrial development,
recreation, irrigation, and related purposes.
Page 1
HB762
(b) The authority shall be governed by a board of
directors which shall consist of one member appointed by each
of the county commission members, to serve at the pleasure of
the appointing members of the county commission. A board
member is not required to be a resident of Conecuh County. The
board shall elect at its first meeting of each year a chair to
preside over meetings of the board. Meetings shall be held at
the call of the chair or upon the vote of three or more board
members.
(c) The board may exercise each of the following
powers:
(1) To provide for the boundaries and authorize the
authority to investigate the resources of the Conecuh County
Reservoir Management Area.
(2) To determine and implement the requirements for
its full development and control.
(3) To carry out a unified comprehensive program of
resource development, together with other powers to effectuate
the foregoing objective.
(4) To acquire land and interests in land by
purchase, construction, condemnation, or lease.
(5) To hold, manage, and sell land and interests
therein.
Page 2
HB762
(6) Make provisions respecting the establishment and
revision of rates, fees, and charges for services rendered by
the authority.
Section 3. The board may issue interest-bearing
revenue bonds and notes payable solely out of the revenues of
the authority or out of the revenues of any particular
facilities and other property of the authority, without regard
to the specific facilities and other property with respect to
which the bonds and notes may have been issued.
Section 4. Bonds and notes of the authority shall
constitute negotiable instruments and may be secured by a
pledge of the revenues from which they are payable, by
contracts binding the authority for the proper application of
its revenues and the proceeds of such bonds and notes and by a
nonforeclosable mortgage or deed of trust, a statutory
mortgage lien on the facilities and other property out of the
revenues from which the bonds and notes are payable. Bonds and
notes of the authority may be issued under a trust indenture.
Section 5. The board may provide for constructive
notice of any statutory mortgage lien, authorize and make
provisions respecting the assumption by the authority of
obligations respecting facilities and other property acquired
by the authority; provide for the use of the proceeds of bonds
and notes issued by the authority; provide for the refunding
by the issuance of bonds and notes of the authority of bonds
Page 3
HB762
and notes theretofore issued or obligations theretofore
assumed by it. Bonds and notes issued and contracts entered
into by the authority pursuant to the act shall not constitute
or create a debt of the state or of any county, municipality,
or other political subdivision of the state.
Section 6. The Conecuh County Commission and the
municipalities located within Conecuh County may contribute
money to the authority, without the necessity of an election
and with or without consideration therefor. Money held by the
authority, its property, income, revenues, and the income from
its bonds and notes, and funds received from conveyances,
leases, and mortgages and deeds of trust to which the
authority is a party, and certain probate court charges are
exempt from taxation in Alabama.
Section 7. (a) The board shall have zoning power
within the boundaries of the management area.
(b) The board may exercise the power of eminent
domain.
(c) The board may regulate on-site sewage systems
within the boundaries of the management area.
Section 8. The authority shall be exempt from
regulation and supervision by the Public Service Commission
and the state Department of Finance. The authority may use
public roads in the state.
Page 4
HB762
Section 9. (a) This act shall not be interpreted to
grant the authority any power to levy any tax.
(b) Any provisions of this act to the contrary
notwithstanding, any act taken by the Conecuh Count Reservoir
Management Area Authority may be vetoed by a majority vote of
the Conecuh County Commission.
Section 10. The board may enter into contracts with
and accept grants from any other authority organized pursuant
to the laws of this state or federal laws. Contracts with or
grants from another authority, including, but not limited to,
any authority authorized to issue general obligation bonds of
this state, shall not constitute the extension of the state's
credit in violation of Amendment No. 58 or any other provision
of this constitution or the laws of this state.
Section 11. This act shall become effective
immediately following its passage and approval by the
Governor, or its otherwise becoming law.
Page 5
HB762
1
2
3
4
Speaker of the House of Representatives
5
6
President and Presiding Officer of the Senate
7 House of Representatives
8 I hereby certify that the within Act originated in9 and was passed by the House 19-APR-05.
10
11 Greg Pappas
12 Clerk
13
14
15
16 Senate 05-MAY-05 Passed
Page 6
House Bill 262: I voted against this bill because it threatened the freedom of the clergy. My attempts to correct the legal language of the bill were rejected. As an attorney, I was concerned that the poorly written legal language would threaten the ability of this law to stand up in court. The other no vote was also by an attorney, actually a liberal democrat, who also had concerns.
HB262
52310-4
By Representatives Boothe, Spicer, Jackson, Vance and Martin
RFD: Judiciary
First Read: 06-MAR-03
Page 0
HB262
ENROLLED, An Act,
To amend Section 26-14-3 of the Code of Alabama
1975, relating to mandatory reporting of known or suspected
child abuse or neglect, to provide for the expungement of
records of information relating to reports which do not result
in a conviction; to further require reporting by members of
the clergy unless the information was specifically obtained in
a confidential communication under existing law which would
continue to be privileged; 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. Section 26-14-3 of the Code of Alabama
1975, is amended to read as follows:
"§26-14-3.
"(a) All hospitals, clinics, sanitariums, doctors,
physicians, surgeons, medical examiners, coroners, dentists,
osteopaths, optometrists, chiropractors, podiatrists, nurses,
school teachers and officials, peace officers, law enforcement
officials, pharmacists, social workers, day care workers or
employees, mental health professionals, members of the clergy
as defined in Rule 505 of the Alabama Rules of Evidence, or
any other person called upon to render aid or medical
Page 1
HB262
assistance to any child, when the child is known or suspected
to be a victim of child abuse or neglect, shall be required to
report, or cause a report to be made of the same, orally,
either by telephone or direct communication immediately,
followed by a written report, to a duly constituted authority.
"(b) When an initial report is made to a law
enforcement official, the official subsequently shall inform
the Department of Human Resources of the report so that the
department can carry out its responsibility to provide
protective services when deemed appropriate to the respective
child or children.
"(c) When the Department of Human Resources receives
initial reports of suspected abuse or neglect involving
discipline or corporal punishment committed in a public or
private school or suspected abuse or neglect in a
state-operated child residential facility, the Department of
Human Resources shall transmit a copy of school reports to the
law enforcement agency and residential facility reports to the
law enforcement agency and the operating state agency which
shall conduct the investigation. When the investigation is
completed, a written report of the completed investigation
shall contain the information required by the state Department
of Human Resources which shall be submitted by the law
enforcement agency or the state agency to the county
Page 2
HB262
department of human resources for entry into the state's
central registry.
"(d) Nothing in this chapter shall preclude
interagency agreements between departments of human resources,
law enforcement, and other state agencies on procedures for
investigating reports of suspected child abuse and neglect to
provide for departments of human resources to assist law
enforcement and other state agencies in these investigations.
"(e) Any provision of this section to the contrary
notwithstanding, if any agency or authority investigates any
report pursuant to this section and the report does not result
in a conviction, the agency or authority shall expunge any
record of the information or report and any data developed
from the record.
"(e) (f) Subsection (a) to the contrary
notwithstanding, a member of the clergy shall not be required
to report information gained solely in a confidential
communication privileged pursuant to Rule 505 of the Alabama
Rules of Evidence which communication shall continue to be
privileged as provided by law."
Section 2. 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
Page 3
HB262
bill defines a new crime or amends the definition of an
existing crime.
Section 3. 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.
Page 4
HB262
1
2
3
4
Speaker of the House of Representatives
5
6
President and Presiding Officer of the Senate
7 House of Representatives8 I hereby certify that the within Act originated in9 and was passed by the House 08-APR-03, as amended.
10
11 Greg Pappas
12 Clerk
13
14
15
16 Senate 11-JUN-03 Passed
Page 5
My Opponent did not mention the bills I was involved with that show my true opinion of Child Abusers and those types of criminals. Below are a couple of examples.
HB 47
House Bill 47 was a bill I DID vote FOR, which increased the punishment for Child Abusers by making the crime a Class C Felony. It did pass.
HB47
78091-5
By Representative DeMarco
RFD: Judiciary
First Read: 10-JAN-06
PFD: 11/21/2005
Page 0
HB47
ENROLLED, An Act,
To amend Section 26-15-3 of the Code of Alabama
1975, providing for the offense of child abuse, to specify
that the offense is a Class C felony; 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. Section 26-15-3 of the Code of Alabama
1975, is amended to read as follows:
"§26-15-3.
"A responsible person, as defined in Section
26-15-2, who shall torture, willfully abuse, cruelly beat or
otherwise willfully maltreat any child under the age of 18
years shall, on conviction, be punished by imprisonment in the
penitentiary for not less than one year nor more than 10 years
guilty of a Class C felony."
Section 2. 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.
Page 1
My Opponent did not mention the bills I was involved with that show my true opinion of Child Abusers. Below aR
House Bill 47 was a bill I DID vote FOR, which increased the punishment for Child Abusers by making the crime a Class C Felony. It did pass.
HB47
1 Section 3. This act shall become effective on the
2 first day of the third month following its passage and
3 approval by the Governor, or its otherwise becoming law.
Page 2
HB47
1
2
3
4
Speaker of the House of Representatives
5
6
President and Presiding Officer of the Senate
7 House of Representatives
8 I hereby certify that the within Act originated in9 and was passed by the House 09-MAR-06.
10
11 Greg Pappas
12 Clerk
13
14
15
16 Senate 17-APR-06 Passed
Page 3
House Bill 643 was sponsored in part BY ME, which would have increased punishments for Child Pornographers and made it easier to prosecute them. This bill did not pass the Democrat controlled house.
HB643
71360-2
By Representatives Albritton, McClurkin and Ison
RFD: Judiciary
First Read: 15-MAR-05
Page 0
71360-2:n:02/09/2005:LLR/tnh LRS2005-504R1
SYNOPSIS: Under existing law, it is unlawful for a
person to knowingly disseminate or display publicly
any obscene matter containing a visual reproduction
of a person under the age of 17 years engaged in
any act of sexual conduct.
This bill would express certain legislative
findings regarding the production, dissemination,
and display of obscene material concerning
children. This bill would further define the term
"matter" to include video cassette, tape, record,
digital video disc (DVD), video compilation, or
items generated or stored in a computer or any
other electronic device in the defined term. This
bill would define the terms "visual depiction" and
"unit of prosecution."
Amendment 621 of the Constitution of Alabama
of 1901 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
Page 1
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 Amendment 621. However,
the bill does not require approval of a local
governmental entity or enactment by a 2/3 vote to
become effective because it comes within one of the
specified exceptions contained in Amendment 621.
A BILL
TO BE ENTITLED
AN ACT
To amend Sections 13A-12-190, 13A-12-191,
13A-12-192, 13A-12-193, 13A-12-194, 13A-12-196, and 13A-12-197
of the Code of Alabama 1975, relating to obscene material
involving children; to express certain legislative findings
regarding the production, dissemination, and display of
obscene material concerning children; to further define the
term "matter" to include video cassette, tape, record, digital
video disc (DVD), video compilation, or items generated or
stored in a computer or any other electronic device in the
defined term; to define the terms "visual depiction" and "unit
Page 2
of prosecution"; 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. Sections 13A-12-190, 13A-12-191,
13A-12-192, 13A-12-193, 13A-12-194, 13A-12-196, and 13A-12-197
of the Code of Alabama 1975, are amended to read as follows:
"§13A-12-190.
"(a) The Legislature of Alabama finds and declares
the following:
"(1) The production, dissemination, and display of
obscene material containing depiction of children are not
victimless crimes.
"(2) The production of these images involves the
coercion and abuse of children in their most formative years
and thus directly victimizes the children depicted.
"(3) The possession, dissemination, and display of
obscene matter containing depictions of children memorialize
the abuse of the children depicted.
"(4) Each time these images are disseminated or
displayed publicly, the children in those images are
victimized anew.
"(5) This process of victimization harms the
children depicted long after the obscene matter is produced in
the first instance.
Page 3
"(6) These crimes entail harmful collateral
consequences in that they may lead to the physical, mental, or
sexual abuse of other persons.
"(7) These crimes may have harmful effects on the
mental and emotional health of individuals who view obscene
material containing visual depictions of children, and thereby
cause the state to incur costs attributable to public safety,
health, and welfare.
"(b) For the purposes of this division, the
following terms shall have the meanings respectively ascribed
to them by this section:
"(1) DISSEMINATE. To sell, lend or show for monetary
consideration or to offer or agree to do the same.
"(2) DISPLAY PUBLICLY. The exposing, placing,
posting, exhibiting or in any fashion displaying in any
location, whether public or private, an item in such a manner
that it may be readily seen and its content or character
distinguished by normal unaided vision viewing it from a
public thoroughfare, depot or vehicle.
"(3) PUBLIC THOROUGHFARE, DEPOT or VEHICLE. Any
street, highway, park, depot or transportation platform or
other place, whether indoors or out, or any vehicle for public
transportation, owned or operated by government, either
directly or through a public corporation or authority, or
owned or operated by any agency of public transportation that
is designed for the use, enjoyment or transportation of the
general public.
Page 4
"(4) KNOWINGLY. A person knowingly disseminates or
publicly displays obscene matter when the person knows the
nature of the matter. A person knows the nature of the matter
when either of the following circumstances exist:
"a. The person is aware of the character and content
of the matter; or
"b. The person recklessly disregards circumstances
suggesting the character and content of the matter.
"(5) SADO-MASOCHISTIC ABUSE. Such term means either
of the following:
"a. Flagellation or torture, for the purpose of
sexual stimulation, by or upon a person who is nude or clad in
undergarments or in a revealing or bizarre costume; or
"b. The condition of a person who is nude or clad in
undergarments or in a revealing or bizarre costume being
fettered, bound or otherwise physically restrained for the
purpose of sexual stimulation.
"(6) SEXUAL EXCITEMENT. The condition of human male
or female genitals when in a state of sexual stimulation.
"(7) SEXUAL INTERCOURSE. Intercourse, real or
simulated, whether genital-genital, oral-genital, anal-genital
or oral-anal, whether between persons of the same or opposite
sex or between a human and an animal.
"(8) MASTURBATION. Manipulation, by hand or
instrument, of the human genitals, whether one's own or
another's for the purpose of sexual stimulation.
Page 5
"(9) OTHER SEXUAL CONDUCT. Any touching of the
genitals, pubic areas or buttocks of the human male or female,
or the breasts of the female, whether alone or between members
of the same or opposite sex or between humans and animals in
an act of apparent sexual stimulation or gratification.
"(10) BREAST NUDITY. The lewd showing of the
post-pubertal human female breasts below a point immediately
above the top of the areola.
"(11) GENITAL NUDITY. The lewd showing of the
genitals or pubic area.
"(12) MATTER. Any book, magazine, newspaper, or
other printed material, or any picture, photograph, motion
picture or electrical, video cassette, tape, record, digital
video disc (DVD), video compilation, or electronic
reproduction depiction in a comparable format, or an image,
file, download, or other content generated, stored, or
reproduced by using a computer or electronic device, or any
other thing, articles, or materials that either are or contain
a photographic or other visual reproduction depiction of a
live act, performance, or event.
"(13) OBSCENE. a. When used to describe any matter
that contains a visual reproduction of breast nudity, such
term means matter that:
"1. Applying contemporary local community standards,
on the whole, appeals to the prurient interest; and
"2. Is patently offensive; and
Page 6
"3. On the whole, lacks serious literary, artistic,
political or scientific value.
"b. When used to describe matter that contains a
visual reproduction is a depiction of an act of
sado-masochistic abuse, sexual intercourse, sexual excitement,
masturbation, genital nudity, or other sexual conduct, such
term means matter containing such a visual reproduction that
itself lacks serious literary, artistic, political or
scientific value.
"(14) LOCAL COMMUNITY. The judicial circuit in which
the indictment is brought.
"(15) VISUAL DEPICTION. A portrayal, representation,
illustration, image, likeness, or other thing that creates a
sensory impression, whether an original, duplicate, or
reproduction. A single visual depiction that portrays, shows,
represents, illustrates, or presents an image or likeness of
more than one person constitutes a separate visual depiction
of each person whose image or likeness is portrayed, shown,
represented, illustrated, or presented.
"(16) UNIT OF PROSECUTION. Each depiction of each
individual less than 17 years of age that violates this
division constitutes a unit of prosecution.
"§13A-12-191.
"Any person who shall knowingly disseminate or
display publicly any obscene matter containing a visual
reproduction depiction of a person under the age of 17 years
engaged in any act of sado-masochistic abuse, sexual
Page 7
intercourse, sexual excitement, masturbation, breast nudity,
genital nudity, or other sexual conduct shall be guilty of a
Class B felony.
"§13A-12-192.
"(a) Any person who knowingly possesses with intent
to disseminate any obscene matter containing that contains a
visual reproduction depiction of a person under the age of 17
years engaged in any act of sado-masochistic abuse, sexual
intercourse, sexual excitement, masturbation, breast nudity,
genital nudity, or other sexual conduct shall be guilty of a
Class B felony. Possession of three or more copies of the same
visual depiction contained in obscene material matter is prima
facie evidence of possession with intent to disseminate the
same.
"(b) Any person who knowingly possesses any obscene
matter containing that contains a visual reproduction
depiction of a person under the age of 17 years engaged in any
act of sado-masochistic abuse, sexual intercourse, sexual
excitement, masturbation, genital nudity, or other sexual
conduct shall be guilty of a Class C felony.
"§13A-12-193.
"(a) In proving that any a person in a visually
reproduced matter visual depiction who is engaged in any
obscene act set out in Sections 13A-12-191, 13A-12-192,
13A-12-196 and 13A-12-197 is under the age of 17 years, the
state is not required to introduce into evidence a birth
certificate, produce testimony as to the date of birth of such
Page 8
person, or produce testimony of any person who knows or is
acquainted with the person alleged to be under the age of 17
years. If the defendant or the state intends to rely on a
birth certificate to prove the date of birth of any person in
the visually reproduced matter, such defendant or the state
shall file with the clerk of the court in which the action is
pending, at least 15 days prior to trial, a notice of an
intention to rely on an official, certified copy of a birth
certificate together with a copy of the said birth
certificate.
"(b) A jury, or the court if a jury trial is waived,
may infer from the following factors whether or not the person
displayed or depicted in any obscene matter is under the age
of 17 years:
"(1) The general body growth and bone structure of
the person;
"(2) The development of pubic hair or body hair on
the person;
"(3) The development of the person's sexual organs;
"(4) The context in which the person is placed by
any accompanying printed or text material;
"(5) Any expert testimony as to the degree of
maturity of the person.
"(c) The existence of any or all of the factors
listed in subsection (b) of this section shall not operate to
change the requirement that before any conviction may be had,
the state must convince the factfinder beyond a reasonable
Page 9
doubt that the person engaged in the act of sado-masochistic
abuse, sexual intercourse, sexual excitement, masturbation,
breast nudity, genital nudity, or other sexual conduct in the
visually reproduced matter visual depiction is under the age
of 17 years.
"§13A-12-194.
"The state shall not be required to establish the
identity, either in the indictment or in any subsequent
proceeding, of the person alleged to be under the age of 17
years who is engaged in any of the acts described in Sections
13A-12-191, 13A-12-192, 13A-12-196 and 13A-12-197, which are
visually reproduced visual depiction.
"§13A-12-196.
"Any parent or guardian who knowingly permits or
allows their child, ward, or dependent under the age of 17
years to engage in the production of any obscene matter
containing a visual reproduction depiction of such child,
ward, or dependent under the age of 17 years engaged in any
act of sado-masochistic abuse, sexual excitement,
masturbation, breast nudity, genital nudity, or other sexual
conduct shall be guilty of a Class A felony.
"§13A-12-197.
"Any person who knowingly films, prints, records,
photographs or otherwise produces any obscene matter that
contains a visual reproduction depiction of a person under the
age of 17 years engaged in any act of sado-masochistic abuse,
sexual intercourse, sexual excitement, masturbation, breast
Page 10
nudity, genital nudity, or other sexual conduct shall be
guilty of a Class A felony."
Section 2. 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 3. 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.
Page 11
HB17 This bill was used by my opponent to say that I "killed" this bill, which was debated on the floor but not brought to a final vote. Actually, the sponsor withdrew the bill after it was debated by several other House Members due to the language, which could have taken away basic parental rights.
History for HB17 (Regular Session 2005)
Date
Body
Amend/Subst
Matter
Committee
Nay
Yea
Abs
Vote
02/01/2005
H
Read for the first time and referred to the House of Representatives committee on Judiciary
JUDY
02/10/2005
H
Read for the second time and placed on the calendar with 1 substitute and
02/22/2005
H
Third Reading Carried Over
02/22/2005
H
Judiciary first Substitute Offered
02/22/2005
H
Ward motion to Carry Over Temporarily adopted Voice Vote
05/03/2005
H
Indefinitely Postponed
HB762 was introduced at the request of the Conecuh County Commission so it could create the Authority. Conecuh County voters also voted on this, and it passed by 68%. I did not work for the Authority, or get paid by them for anything, until AFTER I was out of office. There was no "group of investors," as referred to in my opponent's attack ad about this.
HB762
73434-5
By Representatives Albritton, Jackson and Newton (C) (N & P)
RFD: Local Legislation
First Read: 12-APR-05
Page 0
HB762
ENROLLED, An Act,
Relating to Conecuh County, to provide for the
incorporation of a public corporation as a political
subdivision of the state to be named the Conecuh County
Reservoir Management Area Authority, for the development of
that portion of Murder Creek in Conecuh County and within the
Conecuh County Reservoir Management Area, its tributaries and
watershed area, for the purposes of water conservation and
supply, dam construction and reservoir development, industrial
development, flood control, navigation, irrigation, public
recreation and related purposes.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall only apply in Conecuh
County.
Section 2. (a) The Conecuh County Reservoir
Management Area Authority is created, and may incorporate
under the general laws of this state as a public corporation
and political subdivision of the State of Alabama for the
purpose of developing that part of Murder Creek and its
tributaries and watershed area located in Conecuh County and
the area managed by the authority for purposes of water
conservation, flood management, industrial development,
recreation, irrigation, and related purposes.
Page 1
HB762
(b) The authority shall be governed by a board of
directors which shall consist of one member appointed by each
of the county commission members, to serve at the pleasure of
the appointing members of the county commission. A board
member is not required to be a resident of Conecuh County. The
board shall elect at its first meeting of each year a chair to
preside over meetings of the board. Meetings shall be held at
the call of the chair or upon the vote of three or more board
members.
(c) The board may exercise each of the following
powers:
(1) To provide for the boundaries and authorize the
authority to investigate the resources of the Conecuh County
Reservoir Management Area.
(2) To determine and implement the requirements for
its full development and control.
(3) To carry out a unified comprehensive program of
resource development, together with other powers to effectuate
the foregoing objective.
(4) To acquire land and interests in land by
purchase, construction, condemnation, or lease.
(5) To hold, manage, and sell land and interests
therein.
Page 2
HB762
(6) Make provisions respecting the establishment and
revision of rates, fees, and charges for services rendered by
the authority.
Section 3. The board may issue interest-bearing
revenue bonds and notes payable solely out of the revenues of
the authority or out of the revenues of any particular
facilities and other property of the authority, without regard
to the specific facilities and other property with respect to
which the bonds and notes may have been issued.
Section 4. Bonds and notes of the authority shall
constitute negotiable instruments and may be secured by a
pledge of the revenues from which they are payable, by
contracts binding the authority for the proper application of
its revenues and the proceeds of such bonds and notes and by a
nonforeclosable mortgage or deed of trust, a statutory
mortgage lien on the facilities and other property out of the
revenues from which the bonds and notes are payable. Bonds and
notes of the authority may be issued under a trust indenture.
Section 5. The board may provide for constructive
notice of any statutory mortgage lien, authorize and make
provisions respecting the assumption by the authority of
obligations respecting facilities and other property acquired
by the authority; provide for the use of the proceeds of bonds
and notes issued by the authority; provide for the refunding
by the issuance of bonds and notes of the authority of bonds
Page 3
HB762
and notes theretofore issued or obligations theretofore
assumed by it. Bonds and notes issued and contracts entered
into by the authority pursuant to the act shall not constitute
or create a debt of the state or of any county, municipality,
or other political subdivision of the state.
Section 6. The Conecuh County Commission and the
municipalities located within Conecuh County may contribute
money to the authority, without the necessity of an election
and with or without consideration therefor. Money held by the
authority, its property, income, revenues, and the income from
its bonds and notes, and funds received from conveyances,
leases, and mortgages and deeds of trust to which the
authority is a party, and certain probate court charges are
exempt from taxation in Alabama.
Section 7. (a) The board shall have zoning power
within the boundaries of the management area.
(b) The board may exercise the power of eminent
domain.
(c) The board may regulate on-site sewage systems
within the boundaries of the management area.
Section 8. The authority shall be exempt from
regulation and supervision by the Public Service Commission
and the state Department of Finance. The authority may use
public roads in the state.
Page 4
HB762
Section 9. (a) This act shall not be interpreted to
grant the authority any power to levy any tax.
(b) Any provisions of this act to the contrary
notwithstanding, any act taken by the Conecuh Count Reservoir
Management Area Authority may be vetoed by a majority vote of
the Conecuh County Commission.
Section 10. The board may enter into contracts with
and accept grants from any other authority organized pursuant
to the laws of this state or federal laws. Contracts with or
grants from another authority, including, but not limited to,
any authority authorized to issue general obligation bonds of
this state, shall not constitute the extension of the state's
credit in violation of Amendment No. 58 or any other provision
of this constitution or the laws of this state.
Section 11. This act shall become effective
immediately following its passage and approval by the
Governor, or its otherwise becoming law.
Page 5
HB762
1
2
3
4
Speaker of the House of Representatives
5
6
President and Presiding Officer of the Senate
7 House of Representatives
8 I hereby certify that the within Act originated in9 and was passed by the House 19-APR-05.
10
11 Greg Pappas
12 Clerk
13
14
15
16 Senate 05-MAY-05 Passed
Page 6
Paid Political advertisement by Greg for Senate campaign 35 Range Rd Range, AL 36473