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AL HB5
Bill
Status
2/4/2020
Primary Sponsor
Juandalynn Givan
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AI Summary
HB5 Summary
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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.
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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.
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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.
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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).
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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