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AL: SB301 is going to change the definition of “residence,” and the results will be catastrophic

I have a huge problem with SB 301. The definition of “reside” is being changed by this bill, and not for the better. Most residence definitions deal with where a person sleeps, but this law impacts even where a person spends his time during the day. Full Article

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  1. Chris F

    I thought it was bad enough that the Attorney General of the United States re-defined the term convicted to mean also those not convicted that had charges dismissed, but plead “no contest” to the original charge.

    Now we have the definition of “residence” to be changed to mean anyplace you go to for 4 hours.

    Wow…just wow. Who needs to move the bar to put us in worse shape anymore when all you have to do is redefine the bar.

    • Lovecraft

      I cautiously embarce them making these laws only as a means to an end to all these restrictions. The more outlandish the law the better. I am banking on the scotus picking up doe v snyder, but even if the scotus doesnt take the case (upholding the 6th circuits decision) its still a win against these idiotic restrictions. However, if they do take the case laws like these are perfect for showing how not only are we pushed to the outskirts of civilization and constantly punished, but new ways are constantly being formed to make sure we cant work, associate with others, or live even on a basic level. With fodder like these laws in front of the scotus they will see the writing on the wall (imo) and have to do something because if they rule in favor of michigan the floodgates will open on registrants across the us. The state legislators will have a field day with what few liberties we have left and I would speculate they could start going as far as to try and civilly commit as many registrants as they can. They have already taken much of everything else. There is honestly not much more they can do.

      Aside from all that, I see what they are trying to do….they are trying to mold “danger zones” more accurately to where the registrant actually is at all times. Me and a registered buddy of mine were talking about this very thing 4 months ago. Neither of us is home often so the threat of perceived “danger” should be where ever we are currently. At the time we were at waffle house so with 2 registrants in a small restuarant by Alabamas logic there should have been a nuclear meltdown. Im rambling, but my point is this 4 hour a day or x number of days thing even though its way more restrictive it still doesnt even come close to keeping tabs or providing the public with real time “danger” zones. So this laws fails to do even what its intended to do.

  2. Compliance checks at libraries?

    Unless you are specifically banned from a library, many homeless go to libraries as they float between soup kitchens for the amount of time listed here. That could be interesting then if they powers that be see the library as a residence due to the time minimums. Heck, even if you work there or anywhere, according to the time minimums, you could list it as a residence because it does not exclude employment.

    The fishing hole analogy is pretty good too….CA could have that for fishing piers on the coast!

    I wonder if they hear banjos yet.

    • Typical

      Setting aside all the legal challages and this stupidity will invoke, it would also be comical for registrants to all list 100 places each and let the state try and validate the one million potential locations that registrants could visit. I mean after all it is their rule and we all want to be in compliance. I suspect the state would run out of money after a day.

    • New Person

      going to college would mean the college is your place of residency?

  3. American Detained in America

    Under this proposal, any full time job would be a “residence.” And if my job is a residence, does that mean they have to get rezoned as residential property? Do they have all the requirements for residential buildings, such as facilities for bathing, egress(in reference to building codes concerning height/size requirements for windows, especially in bedrooms), etc? Will they be required to provide a bedroom for me there? Will they provide means to store cold food and to cook as required by most housing codes? This is a can of worms I don’t think they have considered…

    • Nondescript

      “Will they provide means to store cold food and to cook as required by most housing codes? ”

      Absolutely . You will become a tenant ( with or without the landlords permission) of multiple spaces. And if you have ever read the Tenants Bill of Rights ……..
      And the beauty of having so many residences to hopscotch around to almost assures that you’ll never be in any one place long enough for a compliance check!

    • Eric Knight

      It would never come to that. The employer would simply fire you. Remember, the purpose of all sex offender-related laws is to put all registrants into prison for the rest of their lives.

      • AJ

        @Eric Knight
        They can fire me all they want, but as Nondescript points out, there are rights a tenant–even a squatter–has. Can you say 30-day eviction notice? By the time the employer realizes s/he should have fired you, it’ll probably be too late as far as tenant’s rights.

        • Nondescript

          Yeah really. And the eviction process can be complicated! They should have just used the word dilly dally instead of reside. If any person subject to registration dilly dallies in any place for more than 4 hours 3 times a week …. and no later than 3 business days after the dilly dallying commences the offender must inform their jurisdiction . If an offender no longer dilly dallies in any one location but resumes it within a 30 day period or dilly dallies at the same location as another dilly dallying offender ( unless related by blood or marriage) ……………………..

          Yeah, they didn’t really think this one out too well.

  4. Nicholas Maietta

    Ha! I would picket in front of this politician’s’ house on the public street, so as to be forced to register his address as a place I have been spending my time!

    • AJ

      This is one of the stupidest things to come along. I suspect I know their intent, but they’ve got it so gummed up, it will be a nightmare for RCs for sure, and most likely the courts. Mind you, I do not SUPPORT their intent, just think I get it.

      Someone is definitely high in the AL legislature…how appropriate on 4/20.

      @Nicholas
      Yes, that would be fantastic! Shove it right back in their faces. Or perhaps hang out at the capitol building often enough–or even indicated your desire–and make IT your residence. To think these people are actually in charge of running a state of the union. Wow, wow, wow.

      @American Detained
      I had similar thoughts, though mine went the other direction. Are they going to come after people for having residences in non-residential areas? For having residences that don’t meet code? I much more expect them to heap more on the RC than the employer. The employer is just one more victim of the heinous RC, dontcha know.

      • American Detained in America

        That was where my thought process was going, it gives employers just that much more reason not to hire RCs.

      • Lake County

        AJ, “hang out at the capitol building often enough and make IT your residence” now that is a fun idea!
        You could go around and put every building in the city on the registry. A new location every 3 days. I guess you could even get 2 residences a day. 4 hrs x 3 days, that’s easy to do. How about protesting for three days in a row? Or you spend 3 days in the hospital? There has to be at least one person in that State that can point out all the issues with this Bill.

        • Gotta mass exploit.

          @Lake County
          Given how obstinate and cocksure many legislators can be, I’m guessing the only way to show the stupidity of the law will be to exploit it to the max if (read: once) passed. Maybe a posse of RCs could travel the state together, “residing” at various key spots, then stop in to the local LEOs and register. It could make for a fun long-weekend road trip. Heck, based on the language, you just need to SAY you plan to stay the lengths laid out in the statute. “Hi Mr. LEO. I just want you to know that I intend to reside at the Governor’s mansion for at least 4 hours a day for 3 consecutive days, or perhaps 10 days aggregate in a month. I’d like to register it as my address. Oh, I almost forgot, I also intend to reside at the residences of every single state senator and representative. Do you have their addresses, or would you like the list I have? Oh and finally, since I’m already here, I may as well add this location as a residence, too.”

          Even if the LEO says you cannot live at the Gov mansion or that it’s physically impossible to be at all the residences in the allotted time frame, the law says all you have to do is state intent and spend ANY amount of time (does a drive by count? It does for presence restrictions, so should here!). The physical impossibility does not absolve you or them from what the law says…and they have to register the addresses. This could actually be fun sport!

          Sadly, they have a “weasel clause” at the beginning: “[w]hether a person is residing at a place shall be determined by the totality of the circumstances”.

          –AJ

    • lovewillprevail

      I almost choked on my food while reading your post as I was laughing so hard. Your idea is one of the best ideas I have heard in awhile. Every registered person in AL should follow your advice so that every politician’s house is listed on the registry maps when locals look up who is registered in the area. Can you imagine, the house of every AL politician on the registry map? Do that for the police stations, too…

    • stephen

      I like the way you think Nicholas. I had thought of Campaign offices, But your idea is better.
      It be great if the registry listed all these extra places, all the maps would be red dotted and the good,
      citizen’s would be panicking. people could list places just to spell out words on the maps.
      For you Fisherman, The herring our running on the east coast, But the Government has banned,
      fishing for them.

      • Lake County

        ” people could list places just to spell out words on the maps” OMG, now that is too funny. Almost makes the proposed law sound fun. You’d need an area with a clean slate to make the words look readable.

    • Brilliant

      Every registrant in the state should protest and list his home. Maybe we could get a sign put in his yard that says sex offender lives here. In fact we could carry picket signs that say that! Brilliant !

  5. HOOKSCAR

    😜😂😅🤣😂😜🤣😂😅😂🤣😘🤣😂🤣. Like I said, grab your 🍿 and enjoy the show.

  6. Nondescript

    The etymology of the word “reside” is from old French which means to stay somewhere for a long time. Nothing is going to change that. They would have to come up with a new word to describe where and how offenders live. Actually politicians and by extension their minion law enforcers need a new lexicon just for registrants!
    Most States vehicle codes requires that everyone update their license or ID if they move or change residences within 10 days and they incur fines and punishment if they don’t. ( in essence, we are all registered citizens) So their previous definition of residence would conflict with their new definition if this bill passes.

    • AJ

      @Nondecript
      The redefining of the term can be limited to the statute in which its use is desired: “For the purposes of this statute, the following terms shall apply” is a fairly common way to tailor words to singular, even abnormal, usage. Would a judge buy it? Who knows, but you’ll either have to file injunction, comply, or risk conviction.

      I’m hopeful some sanity prevails and AL drops it. Don’t they have enough to worry about, having just bounced their Governor?

  7. Harry

    They must be making their moonshine too strong or in galvanize pot.

  8. Timmr

    They can call it your haunt, stomping ground, habitat, watering hole, whatever they like, it’s all regulation. Why don’t they just put radio collars them and re-hire those federal wildlife biologists laid off by new administration to track their every movement. Howoooooooo, yip, yip, yip howoooooo!

  9. ReadyToFight

    Just another attempt to twist words and manipulation the system.
    …….Not Fooling Anyone.

  10. A.D.

    “The best way to get a bad law repealed is to enforce it strictly.” Abraham Lincoln. You folks are not seeing the bigger picture here. As a former attorney but still working for a law firm in Florida, and as an S.O., there is a solution to this “enact-nasty-law-madness”. If Alabama wants to know everywhere you spend time, EVERYONE in Alabama should line up and give exact details of where, where, where, exact addresses, dates, times, etc. All S.O.’s should line up at the Sheriff’s Office or Police Station and make them work for their money. Inundate them. Make them work overtime. And, if they say you are providing too much information and they do not want to take the information and write it down and register it in your file, get together with a sympathetic attorney, start a Class Action challenging the Authorities that they are not upholding statutory mandates and are violating the law and making the community unsafe. Drive ’em nuts and overwhelm the system! Our law firm has Clients that have non-S.O family members who want to sue the State that these laws are making communities unsafe by these barbaric and idiotic laws and if the law requires that law enforcement knows thew whereabouts of S.O.’s, but allowing municipalities to prohibit certain people from residing in their communities and forcing them to go transient, is a violation of the State S.O. law. There are approximately 800,000 Registrants nationwide, even if 20% were to start a movement of “strict compliance” and lawsuits as mentioned above, and they got 5 of their family members and friends to support them and sue the state as a Joe Citizens, that would amount to 800,000 people doing the above, filing lawsuits, and S.O. giving required compliance reporting… and driving the authorities nuts and overwhelming the system. Just a thought. Time will tell.

  11. AJ

    Gov. of AL signed SB301 into law (http://www.alabamanews.net/2017/05/31/gov-ivey-signs-sex-offender-reporting-bill-law/). The only positive I saw with a cursory reading is that judges now have discretion to exempt juveniles from registration. Wow, even a sliver of sanity creeping into AL? Otherwise, nothing helpful for RCs that I could see (surprise, surprise!).

    SB301 with additions and deletions indicated: https://legiscan.com/AL/text/SB301/id/1600546/Alabama-2017-SB301-Engrossed.pdf

    –AJ

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