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AL HB5

Bill

Status

Introduced

2/4/2020

Primary Sponsor

Juandalynn Givan

Click for details

Origin

House of Representatives

Regular Session 2020

AI Summary

HB5 Summary

  • Amends Section 12-15-319 of the Alabama Code to add mandatory grounds for terminating parental rights when a parent's conviction for rape, incest, sodomy, sexual torture, or sexual abuse resulted in the conception of a child.

  • Requires juvenile courts to make a finding that a person who committed rape, incest, sodomy, sexual torture, or sexual abuse is unable to properly care for a child and must terminate that person's parental rights upon clear and convincing evidence of the crime and its connection to the child's conception.

  • Expands existing law that previously only allowed courts discretionary authority to terminate rights in such cases; this bill makes termination mandatory when the statutory conditions are met.

  • Applies to convictions under Alabama Code Sections 13A-6-61 (rape in the first degree), 13A-6-63 (sodomy in the first degree), and 13A-13-3 (incest).

  • Becomes effective immediately upon passage and approval by the Governor.

Legislative Description

Parental rights, provide that a conviction of a parent for rape or incest is a ground for termination of parental rights if the rape or incest resulted in the conception of the child, Sec. 12-15-319 am'd.

Parental Rights

Last Action

Judiciary first Amendment Offered

3/12/2020

Committee Referrals

Judiciary2/4/2020

Full Bill Text

No bill text available