21 candidates qualify to run in Congressional District 2
Alabama’s Second Congressional District race was already crowded, but by the time major party qualifying ended on Friday at 5:00 p.m., a total of 21 candidates had qualified with the Alabama Democratic Party and the Alabama Republican Party. The Congressional District 2 (CD2) seat is an open seat because the court-appointed special master redrew Alabama’s congressional districts in such a way that two incumbents, Barry Moore (R-Enterprise) and Jerry Carl (R-Enterprise), now live in the same district – Alabama’s First Congressional District. While Moore and Carl battle over which one gets to remain in Congress, CD2 is open with no incumbent. Since the rules for Congressional Districts do not require you to live in the district you are running, politicians from all over Alabama are running for this seat. Thirteen candidates qualified to run in CD2 with the Alabama Democratic Party. Retired Marine and 2020 congressional candidate James Averhart from Mobile qualified. So did State Representative Napoleon Bracy Jr. Bracy represents Prichard. He works for Austal. State Senator Merika Coleman from Jefferson County qualified. Coleman represents Birmingham, Bessemer, and Pleasant Grove. State Representative Anthony Daniels from Huntsville is running for the seat. Daniels is the House Minority Leader. Shomari Figures works in Washington, D.C., for Attorney General Merrick Garland but is originally from Mobile. His parents are State Senator Vivian Figures and the late State Senator Michael Figures (both of Mobile). He has worked for President Barack Obama. Brian Gary is a general surgeon at Jackson Hospital. State Representative Juandalynn Givan represents Birmingham and Forestdale in Jefferson County. Givan is a Jefferson County attorney. State Representative Jeremy Gray represents Lee and Russell Counties in the Legislature. He is the House Minority Whip. Phyllis Harvey-Hall was the Democratic nominee for CD2 in 2022 and 2020. She lost both times to Barry Moore. Willie J. Lenard is a resident of Opelika. Vimal Patel is a successful hotelier, commercial real estate investor, and realtor. He was a candidate in the Democratic primary in 2022 but lost to Harvey-Hall. Larry Darnell Simpson is a musician. Darryl “Sink” Sinkfield is an ASU alum and supporter. Eight Republicans have qualified. State Senator Greg Albritton of Atmore is an attorney. The retired naval officer is currently the House Finance & Taxation General Fund Committee chairman. Dick Brewbaker is a former Montgomery area automobile dealer. The Pike Road resident is a former state senator who served two terms from 2010 to 2018. Caroleene Dobson is a real estate attorney and a former rodeo standout. She serves on the Alabama Forestry Commission and Southeast Livestock Exposition. Karla M. DuPriest is a former candidate for U.S. Senate. She is a longtime congressional staffer who currently runs a popular barbecue restaurant in Mobile. Wallace Gilberry is a former University of Alabama football player who has played for multiple NFL teams. Hampton S. Harris has also qualified for the post. Stacey T. Shepperson qualified on Friday afternoon, right before the close of GOP qualifying. Belinda Thomas serves on the Newton City Council in Dale County. Both major party primaries are on March 5. If necessary, the primary runoff elections will be held on April 16. The eventual Republican and Democratic nominees will then face each other a year from now in the 2024 general election on November 5. The new district lines mean that Congressional District 2 has shifted from being a safe Republican seat to a likely Democratic seat. Given the razor-thin Republican majority in the House of Representatives, this district flipping to the Democrats could help swing control of Congress to the Democrats. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Legislature passes legislation making it a crime to chemically endanger a first responder
On Tuesday, the Alabama Senate sent legislation to Gov. Kay Ivey to make it a felony if someone chemically endangers a first responder. Sponsors say that this has become necessary due to the fentanyl crisis. Fentanyl is very potent and can be absorbed through the skin. A police officer or paramedic who comes into contact with even tiny quantities of fentanyl while interacting with a person can become extremely sick. The legislation passed the Senate on Tuesday. It had already passed the House of Representatives. House Bill 230 (HB230) is sponsored by State Representative Matt Simpson (R-Daphne). It was carried in the Senate by State Senator April Weaver (R-Briarfield). “This bill creates the crime of chemical endangerment of a first responder while that individual is performing his or her duty,” Weaver said. Senate Minority Leader Bobby Singleton (D-Greensboro) asked, “This is a felony on a person, isn’t it?” Weaver answered, “Yes, it is. We are all very interested in making sure that our first responder personnel are protected when they arrive at a scene.” Weaver said that the prevalence of fentanyl across Alabama is the impetus for this legislation. “This is creating a way for imposing penalties for the chemical endangerment of a first responder,” Weaver said. “The Department of Forensics say that they are seeing so much of that (fentanyl) throughout the state right now.” Singleton asked, “Does this bill deal with the intent to do it?” “Usually, when first responders come, it is due to an emergency,” Singleton said. “I might be having a seizure and convulsing, and I might accidentally touch your face with my hands, and I have fentanyl on them. You are coming to try to save my life. I am not trying to hurt you.” Weaver answered, “Three words: knowingly, recklessly, or intentionally.” Singleton said, “That does address my concern of intent because that is a high bar to prove. I want to make sure that we don’t do something with unintended consequences.” SB230 passed the Alabama Senate 30 to 0. “If he knowingly, negligently, or intentionally injures a first responder with a scheduled one controlled substance,” Simpson said when the legislation was in the House of Representatives. “If it is just physical injury, it is a Class C felony. If it is a serious physical injury, it is a Class B felony. To cause the death of a first responder would be a Class A felony.” Of the four classes of felonies in Alabama – A, B, C, D – A is the most serious and typically carries the largest penalties. “Why did you not have this in your previous bill,” raising the penalties for fentanyl traffickers Rep. Juandalynn Givan asked. “I did not want to muddy the water with that bill,” Simpson explained. “Researching that bill, I talked with officers who had been injured in the line of duty from exposure (to drugs).” “It is not just being around it,” Simpson said. For the crime of chemical endangerment of a first responder, the injury must be caused by “ingestion, inhalation, or contact” with the controlled substance. The House of Representatives passed HB230 as amended on a 105 to 0 vote. The legislation now goes to the governor. Tuesday was day 30 and the final day of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Legislature passes controversial police body cam legislation
On Thursday, the Alabama Legislature passed legislation that would require law enforcement agencies to share body camera footage in an investigation. The Senate passed the bill on Thursday. It has already passed the Alabama House of Representatives and is now on the governor’s desk. House Bill 289 (HB289) is sponsored by State Representative Juandalynn Givan (D-Birmingham). The legislation was carried in the Senate by State Senator Bobby Singleton (R-Greensboro). It passed the Senate with virtually no debate. HB289 “provides for circumstances and procedures to disclose or release recordings made by body-worn cameras or dashboard cameras used by law enforcement agencies, and to provide who may request disclosure or release and the procedure for requesting disclosure or release of recordings.” Disclosure under this bill means: “to make a recording available for viewing or listening at a time and location chosen by the custodial law enforcement agency. This term does not include the release of a recording.” “Recordings in the custody of a law enforcement agency shall be disclosed to an individual or personal representative only as provided by this act. This act does not apply to the exchange of recordings between law enforcement or prosecuting agencies. An individual requesting disclosure of a recording must make a written request to the head of the custodial law enforcement agency that states the date and approximate time of the activity captured in the recording or otherwise identifies the activity with reasonable particularity sufficient to identify the recording to which the request refers.” “A custodial law enforcement agency may only disclose a recording to the following: · (1) An individual whose image or voice is the subject of the recording. · (2) A personal representative of an adult individual whose image or voice is the subject of the recording if the adult individual has consented to the disclosure. · (3) A personal representative of a minor whose image or voice is the subject of the recording. · (4) A personal representative of an adult individual under lawful guardianship whose image or voice is the subject of the recording. · (5) A personal representative of an adult individual who is incapacitated and unable to provide consent to disclosure whose image or voice is the subject of the recording. · (6) A personal representative of a deceased individual whose image or voice is the subject of the recording. “When disclosing a recording, the custodial law enforcement agency shall disclose only those portions of the recording that are relevant to the individual’s request. An individual who receives disclosure pursuant to this section shall not record or copy the recording.” “Upon receipt of the written request for disclosure, as promptly as possible, the custodial law enforcement agency must do either of the following: (1) Disclose the portion of the recording relevant to the individual’s request. (2) Notify the requestor of the custodial law enforcement agency’s decision not to disclose the recording. A custodial law enforcement agency may choose to not disclose the recording if the disclosure would affect an ongoing active law enforcement investigation or prosecution.” “A custodial law enforcement agency may charge a reasonable fee for redaction and editing of a recording. Any recording subject to this act shall be retained for at least the period of time required by the applicable records retention and disposition schedule.” HB289 passed the Senate 21 to 8. It had previously passed the House of Representatives by a vote of 85 to 14. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Alabama Legislature passes retail theft bill
The Alabama House of Representatives on Wednesday voted to pass legislation creating the crime of organized retail theft. The new bill will levy heavy criminal penalties on people engaged in organized retail theft. The Senate concurred with the House changes to the bill. Senate Bill 206 (SB206) is sponsored by State Senator Clyde Chambliss (R-Prattville). SB206 is being carried in the House of State by Representative Allen Treadaway (R-Morris). Treadaway explained that cracking down on organized retail theft is necessary to protect the retail industry. “We are trying to keep these stores in the community,” Treadaway said in the House floor debate. “This is a $100 billion problem in America.” Rep. Mary Moore (D-Birmingham) was concerned that people might accidentally be charged with this crime. “When the store is having a sale and goes through and marks through the price with a pen, a shopper could be accused of having marked through the price themselves,” Moore argued. “You have to show intent,” Treadaway said. “That applies right now.” “This bill is trying to put the whole neighborhood in jail,” Moore said. “In my community, if we just walk through the store, people think we are trying to steal something.” “I don’t want us passing bills that may cause harm to innocent people accused of stealing something,” Moore said. Treadaway is a retired deputy chief of police for the City of Birmingham. “Mainly, what we are seeing is the organized crime that has infiltrated this kind of activity,” Treadaway said. Treadaway said this legislation “allows the law to reach out and hold the folks accountable when they are working together in this kind of activity.” Rep. Juandalynn Givan (D-Birmingham) said, “In the urban area, we are losing a lot of businesses. We are seeing where those storefronts are now abandoned.” “How do we identify the theft? How are we identifying the thief?” Givan asked. Treadaway explained, “The organized retail theft you are getting into now involves people working together.” Treadaway explained that organized crime then sells the stolen merchandise online or in a brick and mortar businesses that they operate. “It is happening everywhere,” Treadaway said. “We have seen a tenfold increase.” Rep. Prince Chestnut (D-Selma)asked, “Is legislation alone going to make the difference?” Treadway answered, “No, but it is a part of it.” Chestnut offered an amendment to the bill. “This is a (Judiciary) committee amendment,” Chestnut said. The House voted to adopt the first amendment in a 102 to 0 vote. Rep. Jeremy Gray (D-Opelika) brought a second amendment that was adopted by the House. This legislation is supported by the Alabama Retail Association. The Retail Theft Crime Prevention Act provides for the crime of retail theft in various degrees, provides for the crime of organized retail theft, and provides criminal penalties for a violation. Retail theft in the first degree would be a Class B felony. Retail theft in the second degree is a Class C felony. Retail theft in the third degree is a Class A misdemeanor. A fourth or subsequent conviction for an offense under this article is a Class C felony. Organized retail theft is a Class B felony. The House of Representatives voted 76 to 27 to pass the legislation. It had already passed the Senate. Late on Wednesday afternoon, the Alabama Senate voted 34 to 0 to concur with the House changes to the legislation. SB206 now goes to the governor for her consideration. Thursday will be day 29 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
House passes right to parenting legislation
On Wednesday, the Alabama House of Representatives passed legislation to recognize that Alabama parents have a fundamental right to make decisions on how they raise their child. House Bill 6 (HB6) is sponsored by State Representative Kenneth Paschal (R-Pelham). “HB6 is a commonsense bill,” Paschal said on the floor of the House, defending his legislation. “HB6 is a focus on two principles: God and Country.” “Parental rights are related to the noble duty of parents to raise their children,” Paschal said. “Parental rights are natural rights that cannot be taken away by any form of government.” Paschal was the President of the Alabama Family Rights Association (ALFRA) before being elected to the House of Representatives in a special election. “The child is not the mere creature of the state,” Paschal said. On Wednesday, the House voted to table the committee substitute version of the bill. The bill was instead amended. Paschal accepted the amendment as friendly. The amendment included the following: Removal of the references to “fit” and “custody.” “HB6 shall only be construed as applying to disputes between parents and the government or third parties and does not modify the law as to disputes between parents.” Paschal previously presented House Bill 6 on the floor a few weeks ago. Paschal, the lone African American lawmaker elected as a Republican in over 130 years, was attacked by Democratic lawmakers. One Representative, Juandalynn Givan of Birmingham, went over the line when she referenced a song by the sometimes-divisive performer Jay-Z to make a racial smear of Paschal, calling him the N-word by using the lyrics of the song – The Story of O.J. The incident was condemned by Republicans statewide. Paschal’s bill was carried over at the call of the chair at that time, but it was brought back on Wednesday late in the session while there was still time for it to be considered by the second House before the session ends. HB6, as amended, passed the House by a vote of 87 to 8. The bill now goes to the Senate for their consideration. It was assigned to the Senate Children and Youth Committee, where it was given a favorable report on Thursday. The Alabama House of Representatives will meet on Wednesday at 1:00 p.m. for Day 28 of the 2023 Alabama Legislative Regular Session. The Constitution of Alabama limits the legislative session to thirty days. A previous version of this article mistakenly quoted from the tabled substitute version of HB6. That language was not included in the engrossed version that passed the House. To connect with the author of this story or to comment, email brandonmreporter@gmail.com .
Montgomery Republican Party calls for punishment of Rep. Juandalynn Givan over verbal attack on Rep. Kenneth Paschal
Last Tuesday, State Representative Kenneth Paschal was presenting a bill, House Bill 6, a bill on parental rights. Paschal, the lone African American lawmaker elected as a Republican in over 130 years, was attacked by Democratic lawmakers. One Representative, Juandalynn Givan of Birmingham, went over the line when she referenced a song by the sometimes divisive performer Jay-Z to make a racial smear of Paschal, calling him the N-word by using the lyrics of the song – The Story of O.J. In response to the incident on the House floor, the Montgomery Republican Party has passed a resolution urging legislators to punish Givan for her conduct. “THE RESOLUTION IN SUPPORT OF STATE REPRESENTATIVE JUANDALYNN GIVAN BEING REMOVED FROM COMMITTEE ASSIGNMENTS ANDFORMALLY CENSURED BY THE ALABAMA HOUSE OF REPRESENTATIVES.” The “Montgomery County Republican Executive Committee hereby formally condemns and censures State Representative Juandalynn Givan of Jefferson County for public behavior which is obscene, racially charged, morally crude, inconsistent with House Rule 50, and beneath the decorum of public office.” As punishment, the Montgomery County Republican Steering Committee is calling on “The Speaker of the Alabama House of Representatives and the House Membership to formally remove State Representatives Juandalynn Givan from committee assignments and formally censure State Representatives Juandalynn Givan for her unprovoked and outrageous behavior in violation of human decency and the House Rules of Decorum.” Givan, for her part, has refused to apologize. “Rep. Paschal was vulgarly referred to as a term that is beneath the dignity and respect of any human being,” said Alabama Republican Party Chairman John Wahl. “We cannot stand by and allow this honorable gentleman who served in uniform and continue to serve as a public servant with duty and commitment to be treated and referenced so vilely in violation of House Chamber decorum.” There have been other moments of controversial behavior on the floor in Givan’s legislative career. Paschal, for his part, is still asking for a vote on his bill that was carried over by the House after Givan’s outburst. “HB6 is a common sense bill,” Paschal said on the floor of the House, defending his legislation. “HB6 is a focus on two principles: God and Country.” “Parental rights are related to the noble duty of parents to raise their children,” Paschal said. “Parental rights are natural rights that cannot be taken away by any form of government.” Paschal was the President of the Alabama Family Rights Association (ALFRA) before being elected to the House of Representatives in a special election. “The child is not the mere creature of the state,” Paschal said. The Alabama House of Representatives will meet on Tuesday at 1:00 p.m. for Day 19 of the 2023 Alabama Legislative Regular Session. HB6 is not on the proposed special-order calendar. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Legislature passes changes to sheriff succession
On Thursday, the Alabama Senate voted in favor of legislation that would mandate that in the event of a vacancy in the office of sheriff that the next highest-ranking member of that department would assume the sheriff’s responsibilities until the governor can appoint a replacement. House Bill 276 (HB276) is sponsored by State Representative Ron Bolton. The legislation was carried in the Senate by Sen. Steve Livingston. “This changes an 1874 rule that the coroner would assume those duties,” Livingston told the Senate. Bolton explained that in the event of a vacancy in the sheriff’s office, the highest-ranking member of that department would take control of the department. This could be because of the death of the sheriff, the sheriff has been charged with a crime, or the sheriff has resigned or retired. Bolton said, “They will automatically take control of that office until the governor makes the appointment.” Bolton said that he has spoken with the sheriffs and that the Alabama Sheriffs Association helped to draft the bill. Rep. John Rogers asked, “What if the highest-ranking deputy has some charges pending against him?” Bolton said, “He would be removed himself. It would go to the next-ranking deputy.” Rep. Juandalynn Givan asked, “Did you talk to the sheriffs about this, and specifically, did you talk with Jefferson County Sheriff Mark Pettway about this?” Bolton said, “I did. I taught Sheriff Pettway in the academy 27 years ago. The Sheriffs Association helped draft the bill, and I spoke with Sheriff Pettway about this when he is in town. Bolton said that the law establishing that the coroner assumes the powers of a sheriff in the event of a vacancy dates back to 1852. “It has been amended a number of times, but it has never been changed in terms of succession,” Bolton said. According to the synopsis, “Under existing law, when the office of the sheriff of a county is vacant or in certain other circumstances when existing law has provided that it is not appropriate for the sheriff to serve, the county coroner discharges the duties of the sheriff. This bill would provide that when the office of sheriff is vacant or when certain other circumstances exist, the highest ranking deputy sheriff in the county would serve as acting sheriff.” HB276 passed the Senate 33 to 0. It passed the House of Representatives 104 to 0 last week. It now goes to Gov. Kay Ivey for her consideration. Wednesday was day 17 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Legislature votes to regulate psychoactive cannabinoids
On Wednesday, the Alabama Legislature approved legislation that set the minimum age to purchase psychoactive cannabinoids at 21. The House of Representatives made several changes to the legislation when they passed it on Tuesday. Specifically, the House voted to jettison a 5% tax on the products that the Senate had included in their version of the bill. The House substitute also added a requirement for stores to put those products out of the reach of children and in child-proof containers. On Wednesday afternoon, the Senate voted to concur with the House changes and send the legislation to the Governor. Senate Bill 66 (SB66) is sponsored by State Senator Tim Melson. It was carried in the Alabama House of Representatives by State Representative Russell Bedsole. Bedsole explained that the legislation deals with psychoactive cannabinoids: Delta 8 and Delta 10. “This legislation contains penalties if you are caught selling this,” Bedsole said. “There are penalties if you are caught in possession of these if you are under 21.” Bledsole explained that these products are packaged in such a way that they are designed and target children. “There is no oversight,” Bedsole said. “Oftentimes, the THC content is much higher than advertised on the packaging.” Rep. Juandalynn Givan said, “Thank you for bringing this. We have had some problems in Jefferson County with students purchasing candies and getting sick. We need to get a handle on what is going on with these candies. We had an incident with a young girl last week in Jefferson County who got really sick from one of these candies.” Givan said that these products sold on the shelves differ from marijuana. “The weed man is my friend,” Givan said. “This bill has nothing to do with the weed man. This is being sold in the open market in convenience stores on the shelf. There is also a problem with cough syrup and other products on the shelf.” “People don’t realize how dangerous these products are,” Bedsole said. “I hope there is a task force like Steve Marshall used to shut these bingos down,” Givan said. “I pray that there is a task force that goes into these stores.” Rep. Chris Sells said, “It is a great bill. I support anything that helps the children.” Rep. Anthony Daniels said, “I don’t understand why we have not to this point cracked down on this. It has had a negative impact on our communities.” Bedsole said, “Originally, this had a tax of five percent on it when it came out of the Senate. That tax has been removed.” “This product must be placed in a place not accessible to children,” Bedsole said. “This product should be behind the counter.” “There will be some form of community service for those below 21 found to be in possession,” Bedsole said, Rep. Barbara Drummond said, “I am so happy to see this bill as well as others that will come. I am for anything that we can do to protect children.” Rep. John Rogers asked, “How do you stop an adult from giving it to the kids?” “You can ask that question about so many laws that are on our books,” Bedsole answered. “We believe this bill is a good first step.” “The sub that came out of committee did not have an additional tax,” Bedsole said. The House voted to adopt the committee substitute 105 to 0. “I have a friendly amendment,” said Rep. Reed Ingram. “All the amendment does is that all the packaging has to be in a child-resistant container.” Bedsole replied, “I do consider the amendment to be a friendly amendment.” The House voted to adopt the Ingram amendment 105 to 0. Rep. Ron Bolton brought an amendment that raised the penalty for a third offense for violating this statute to $400. “The judge could still make the decision to require community service,” Bolton said. SB66 passed the House 105 to 0 On Wednesday, it returned to the Senate. Sen. Melson asked that the Senate concur with the House changes. “All they actually did was remove the tax that we had,” Melson said. “They also put it behind the counter and also put it in child-proof containers. I would like to concur with the House.” The full Senate voted to concur 33 to 0. SB66 now goes to the Governor for her consideration. Thursday will be day 18 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Alabama House passes bill to make it a crime to chemically endanger a first responder
Fentanyl has been a deadly scourge in the state killing thousands of drug users. It has also become dangerous for first responders who have to deal with drug dealers and drug users who are suffering from drug overdoses. House Bill 230 (HB230) is sponsored by State Representative Matt Simpson (R-Daphne). “This bill would create the offense of a criminal endangerment of a first responder,” Rep. Simpson explained, “With escalating penalties depending on the degree of the injuries to the first responder.” “If he knowingly, negligently, or intentionally injures a first responder with a scheduled one controlled substance,” Simpson said. “If it is just physical injury, it is a Class C felony. If it is a serious physical injury, it is a Class B felony. To cause the death of a first responder would be a Class A felony.” Of the four classes of felonies in Alabama – A, B, C, D – A is the most serious and typically carries the largest penalties. “Why did you not have this in your previous bill,” raising the penalties for fentanyl traffickers Rep. Juandalynn Givan asked. “I did not want to muddy the water with that bill,” Simpson explained. “Researching that bill, I talked with officers who had been injured in the line of duty from exposure (to drugs).” “It is not just being around it,” Simpson said. For the crime of chemical endangerment of a first responder, the injury must be caused by “ingestion, inhalation, or contact” with the controlled substance. Rep. Napoleon Bracy asked Simpson why he did not address this in the previous bill. “I did not want to add something on it,” Simpson explained. “I wanted that to get through clean. This came up while I was working on it. I heard so many stories from officers who had been injured. They have to get Narcan hit. They have to go to the emergency room. There have been serious injuries.” Bracy said, “You can have a crime scene that spills over into other areas.” Bracy, whose wife is in the medical field, wanted emergency room doctors and nurses who may be exposed to dangerous narcotics while tending to narco-traffickers also included in the definition of “first responders” in this bill. “I think we are missing a group of people that need to be included in this,” Bracy said. “They (the drug dealer/users) are either going to a hospital, a psychiatric facility, or a county jail. I think we need to include them.” Simpson said after some discussion with Bracy and staff, “They are included. The medical teams at the hospital would be included.” Rep. Laura Hall brought an amendment to the bill adding in some language to the bill. Simpson said that the Hall amendment was a friendly amendment. The Hall amendment was adopted in a 105 to 0 vote. The House of Representatives passed HB230 as amended on a 105 to 0 vote. The legislation now goes to the Alabama Senate for their consideration. Wednesday will be day 17 of the 2023 Alabama Regular Legislative Session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Legislature passes bill to give nonviable birth certificates to mothers who lost a pregnancy
On Tuesday, the Alabama Legislature passed bipartisan legislation allowing mothers whose preborn child was lost due to miscarriage to apply for and receive a state-issued birth certificate for that child whose life ended prematurely. House Bill 55 (HB55) is sponsored by State Representative Juandalynn Givan. Givan explained in committee that she was asked to carry this legislation by a woman she met at a town hall, who had lost her child, Genesis, to miscarriage. Givan agreed to carry the bill after other mothers approached her with similar stories. Givhan explained to the House Health Committee that she has spoken with State Health Officer Dr. Scott Harris and that he has agreed for the Department of Public Health to prepare the nonviable birth certificates. Givan explained that the Department already provides these but only for pregnancies lost at 20 weeks or later. HB55 extends that to earlier pregnancies. Rep. Givan explained that Florida was the first state to pass this legislation. Since then, other states have followed. Givan explained that mothers who have lost a child, even in the womb, feel a great sense of loss that deeply affects them. The legislation received favorable recommendations from both the House and Senate Health Committees. The Senate passed the legislation 33 to 0 on Tuesday. The legislation has already passed the House of Representatives. It now goes to the Governor for her consideration. According to the synopsis, “Under existing law, a nonviable birth that occurs before the twentieth week of gestation is not reported to the Office of Vital Statistics, and a parent of a nonviable birth that occurs before the twentieth week of gestation may not request a certificate of birth. Also, under existing law, a parent of a fetal death occurring after 20 weeks of gestation may request a Certificate of Birth Resulting in Stillbirth. This bill would create the Genesis Act to require the Alabama Department of Public Health to adopt rules allowing for the parents of a nonviable birth occurring before the twentieth week of gestation to request a Certificate of Nonviable Birth.” HB55 now goes to Governor Kay Ivey’s desk for her consideration. Wednesday will be Day 17 of the 2023 Alabama regular session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
House makes it illegal for a non law enforcement person to put a vehicle tracker on someone else’s vehicle
The Alabama House of Representatives passed legislation that would prohibit citizens from placing electronic vehicle tracking devices on other people’s vehicles. People could still place tracking devices on vehicles they own. House Bill 153 (HB153) is sponsored by State Representative Allen Treadaway. Treadaway is a retired police chief for the City of Birmingham. He chairs the House Public Safety and Public Safety Committee. According to the synopsis, “This bill would make it a crime to place an electronic tracking device on the property of another person without the consent of the owner and would provide for penalties. This bill would prohibit a person from placing an electronic tracking device on the property of another in violation of an established court order and would provide for penalties. “A person who, without the consent of the owner or except as otherwise authorized by law, places any electronic tracking device on the property of another person with the intent to surveil, stalk, or harass, or for any other unlawful purpose, is guilty of the crime of electronic stalking in the first degree.” This would be a Class C felony. “A person who violates this section and whose conduct violates an existing domestic violence protection order, elder abuse protection order, temporary restraining order, or any other court order, shall be guilty of a Class B felony.” Outside of those circumstances, this would be, “the crime of electronic stalking in the second degree.” – a Class A misdemeanor. Rep. Juandalynn Givan asked if this would prevent a woman from putting a tracking device on her boyfriend’s vehicle. “Why would you want to put a tracking device on the vehicle of a car of someone you are dating?” Treadaway answered. “Sometimes men do lie,” Givan responded. Treadaway said, “If they want to get away, just let them go away.” Treadaway was asked if this would prevent a parent from putting a tracking device on their child’s car. “You can still put a tracking device on any vehicle that you own,” Treadaway explained. Treadaway explained that the Judiciary Committee replaced the original bill with a committee substitute. The House voted to adopt the committee substitute on a 101 to 0 vote. HB153 then passed the House of Representatives as substituted and amended on a 101 to 0 vote. The legislation now goes to the Alabama Senate, where it has not yet been assigned to a committee. Tuesday is day 16 of the regular session. The regular session is limited by the Alabama Constitution to no more than thirty legislative days. The House will convene at 1:00 p.m., and the Senate will convene at 2:30 p.m. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
Senate Committee advances bill to issue nonviable birth certificates
Last Wednesday, the Alabama Senate Health Committee gave a favorable report to legislation allowing mothers who lost a child due to miscarriage can receive a state-issued birth certificate, called a “Certificate of Nonviable Birth.” House Bill 55 (HB55) is sponsored by State Representative Juandalynn Givan. “I had a mother come up to me at a town hall and ask me to carry this,” Givan said. “And then another mother, and another mother.” Senator Tim Melson – a medical doctor – chairs the Senate Health Committee. Melson asked when the cutoff date on this is. Givan said that in some states, it was five weeks. In others, seven weeks. This bill currently doesn’t have one. Melson said there would be tissue to verify that there was a pregnancy and that they could work on this before it came to the floor of the Senate. Sen. Larry Stutts said, “This is the most pro-life bill I have seen.” Givan had photos of what a fetus looks like at less than twenty weeks. Stutts said that those pictures show that this is a life that is worthy of protection. “I want to thank you for bringing this bill,” said Sen. Dan Roberts. Givan said that if this bill passes, she wanted it named the “Genesis Act.” After 20 weeks of gestation, a parent can request a nonviable birth certificate from the Health Department. This bill would extend that to pregnancies that were lost before that current deadline. “Florida was the first state to pass this,” Givan explained. According to the synopsis, “Under existing law, a nonviable birth that occurs before the twentieth week of gestation is not reported to the Office of Vital Statistics, and a parent of a nonviable birth that occurs before the twentieth week of gestation may not request a certificate of birth. Also, under existing law, a parent of a fetal death occurring after 20 weeks of gestation may request a Certificate of Birth Resulting in Stillbirth. This bill would create the Genesis Act to require the Alabama Department of Public Health to adopt rules allowing for the parents of a nonviable birth occurring before the twentieth week of gestation to request a Certificate of Nonviable Birth.” The Senate Health Committee voted unanimously to give HB55 a favorable report. HB55 could be considered by the full Alabama Senate as early as Tuesday. The legislation has already passed the House of Representatives. As of Friday, 680 bills have been filed thus far in the 2023 Alabama Regular Legislative Session. Tuesday will be Day 16 of the 2023 regular session. The Alabama Constitution limits the regular session to no more than thirty legislative days during a regular session. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.
