Showing posts with label rep. chris england. Show all posts
Showing posts with label rep. chris england. Show all posts

Thursday, February 18, 2010

HB253 & HB483 Pass Judiciary Committee

I've just learned from a member of the House Judiciary Committee that both HB253 & HB483 passed the house judiciary committee yesterday with relative ease.

HB253 is the bill that mandates that any public agency testing urine or blood samples of probationers and parolees for drugs hold those samples for a longer period of time to allow for independent testing when a positive result occurs.

HB483 is the records expungement bill that will allow people who have been arrested/charged with a crime but never convicted to have all court records, fingerprints, photos etc removed from the criminal offender database.

Many, many thanks to all of you who took action on these bills and helped them pass. That's three bills this week that have passed because you, readers, took action. Together we can do great things.

Monday, February 15, 2010

Two Very Important Bills to Support This Week

There are two very important bills coming up in the House Judiciary Committee this week that I need all of my readers to write/call/visit about.

The first bill, sponsored by Rep. Steve Hurst is HB253. This bill would require any public agency testing blood or urine samples to determine if an individual is in compliance with the terms of his or her parole or probation to retain the samples for a certain period of time to allow independent testing at the cost to the individual when the samples test positive.

Currently, if a probationer or parolee test positive for drugs or alcohol they are immediately sent back to jail with no recourse to get an independent test conducted on their urine sample. Here is a link to a page that lists all of the different things that can cause a false positive on a urine screen. The long list is near the bottom of the page. According to Chief Justice Sue Bell Cobb's recent address to the joint session of the House and Senate there are 1,600 in Alabama prison for technical violations such as a false positive on a drug screen. That is costing Alabama taxpayers nearly $25 million a year just to house them in prison. Also, here is an excellent article by the BHAM News in 2004 that is being used by the Alabama Sentencing Commission which covers this very subject.

Next up is Rep. Chris England's records expungement bill. HB483. Existing law does not authorize the criminal record related to a charge to be sealed or expunged if the person is found not guilty of a crime or if the charges are dismissed or for a conviction record to be sealed or expunged.
This bill would authorize a person charged or convicted of certain felony or misdemeanor criminal offenses, a violation, or a traffic violation to petition the court in which the charges where filed or in which the conviction occurred to have his or her records expunged, including, but not limited to, arrest records, fingerprints, photographs, or index references in documentary or electronic form, relating to the arrest or charge, or both, and conviction in certain instances.

The House Judiciary Committee contact info is here.

Tuesday, March 03, 2009

HB59 Records Expungement Bill in Judy Cmte on Wednesday

HB59 The records expungement bill.

This bill is sponsored by Rep. Chris England and would allow people who have been arrested but never convicted of a crime to have their records expunged. Currently the records are kept on file forever and can prevent someone from getting a job or living in public housing or traveling. If you have ever been arrested and charged with a crime but not convicted then the arrest is still on your record and under current law there is no way to get it off. This bill would remedy that.

This bill will be in committee on Wednesday, March 4, 2009 and I need all of my readers to call and email the members of the judiciary committee and ask them to pass this bill.

Emails are firstname.lastname@alhouse.org Example marcel.black@alhouse.org

Marcel Black
Room 516-F
11 S. Union Street
Montgomery, AL 36130
(334) 242-7667

Spencer Collier
Room 540-D
11 South Union Street
Montgomery, AL 36130
(334) 242-7719

Paul DeMarco
Room 537-F
11 S. Union Street
Montgomery, AL 36130
(334) 242-7740

Priscilla Dunn
Room 540-B
11 S. Union Street
Montgomery, AL 36130
(334) 242-7702

Chris England
Room 539-B
11 S. Union Street
Montgomery, AL 36130
(334) 242-7703

Laura Hall
Room 518
11 S. Union Street
Montgomery, AL 36130
(334) 242-7688

Tammy Irons
Room 526-B
11 S. Union Street
Montgomery, AL. 36130
(334) 353-9032

Jamie Ison
Room 527-B
11 South Union Street
Montgomery, AL 36130
(334) 242-7711

Marc Keahey
Room 630-A
11 S. Union Street
Montgomery, AL 36130
(334) 242-7748

Steve McMillan
Room 532
11 S. Union Street
Montgomery, AL 36130
(334) 242-7723

Charles Newton
Room 541-E
11 S. Union Street
Montgomery, AL 36130
(334) 242-4460

John Robinson
Room 534-D
11 S. Union Street
Montgomery, AL 36130
(334) 242-7728

Yusuf Salaam
Room 539-E
11 South Union Street
Montgomery, AL 36130
(334) 242-7746

Howard Sanderford
Room 528-B
11 S. Union Street
Montgomery, AL 36130
(334) 242-4368

Cam Ward
Room 625-C
11 S. Union Street
Montgomery, AL 36130
(334) 242-7750





Wednesday, January 07, 2009

A Bill to Support this session HB 59

Last year Rep. Chris England (D) Tuscaloosa, introduced a bill that would allow expungement of court records in cases where someone was arrested for a crime but never convicted.

Currently, Alabama citizens can be arrested and charged with a crime but not convicted and whatever you were charged with stays on your record forever. This affects ones ability to travel without restrictions or extra cost incurred (I have to pay an additional $1000 to a Canadian Immigration lawyer every time I go to Canada because of what comes up when they scan my passport), the ability to get a job, public housing, food assistance and if it is a drug charge federal student financial aid is denied. This happens to innocent people and has the power to absolutely destroy a life.

Take this case for instance. Yesterday I got an email from an attorney alerting me to the fact that Rep. England has pre-filed the bill again for the upcoming session. You can view a copy of HB59 here. This attorney has a client who was charged with first degree rape. This is from the email.

"Without any significant investigation, the Police arrested him. We later proved the victim to be lying about her accusation, and the case never made it out of grand jury. The problem is that my client is now walking around with a RAPE, FIRST DEGREE arrest on his record. You can only imagine how uncomfortable it is for him to try to explain that to a potential employer."

When you add in how the small country courts around here operate you can probably imagine that the current state of the law makes for tens of thousands of people walking around with something ugly on their record that they were never convicted of. Please also remember that it could happen to you at any time.

When the legislature comes back into session on Feb. 3 please call, email or preferably plan to visit your member of the House and Senate and ask them to support this bill.

I will be sending out alerts throughout the session on various bills including this one.

Monday, April 14, 2008

This Week in the House

There are three bills coming up in the House Judiciary Committee this Wednesday, April 16 at 8:45 a.m. that I am asking readers of this blog to pay very close attention to. I am also asking that Alabama readers contact the members of the judiciary committee about these bills.

HB601 - A bill that would require citizens to have a permit for a stun gun. This bill is just plain stupid. Only incredibly stupid reasons have been given for it like this one by a cop. "Chief Deputy Matthew Wade of the Calhoun County Sheriff's Department said requiring permits for the devices would also give law enforcement officers a reason to detain suspects who have stun guns.

Great...that's just what we need...a whole new crime so the almighty police can have more arrest powers. Good God!

Even stupider was the reason given by the bills sponsor Rep. Steve Hurst who said the devices can be used as weapons and requiring permits would help prevent them from being misused. "I don't want them to get in the wrong hands. I would hate to see children or teenagers having TASER parties and shooting each other," Hurst said.

How will requiring permits prevent them from being misused? The government requires permits for firearms but that has never prevented them from being misused. The idea that kids might enjoy getting shocked with 50,000 volts of electricity to the extent that they would throw 'TASER parties' is so absurd that somebody should have thrown rotten tomatoes and eggs at Rep. Hurst when he said it.

So, write the judiciary committee and tell them to vote NO on this bill. Last week after it was debated I spoke with one of the members of the judiciary committee who told me that they were about the only one on the committee against this bill. If there aren't a bunch of letters written and phone calls made on this one then it will pass. We don't want that....so get busy and provide some citizen cover for the good legislator who is fighting for us in judiciary.

HB683 - Criminal charges or convictions for certain nonviolent offenses, expungement of records authorized under certain conditions, procedures. Existing law does not authorize the criminal record related to a charge to be sealed or expunged if the person is found not guilty of a crime or if the charges are dismissed or for a conviction record to be sealed or expunged.

This bill would authorize a person charged or convicted of certain misdemeanor criminal offenses, a violation, or a traffic violation to petition the court in which the charges where filed or in which the conviction occurred to have his or her records expunged, including, but not limited to, arrest records, fingerprints, photographs, or index references in documentary or electronic form, relating to the arrest, charge, or both, and conviction in certain instances.

This is a good bill for many reasons. If you have only been charged but not convicted of a crime then you should have a right to have your name, fingerprints, photos and anything else related removed from the state database. Most companies do background checks and even if you have had your charges dismissed your info is still available. Having a old charge that you were never convicted of pop up on a search could prevent you from getting hired, from getting federal student financial aid, from getting public housing of food assistance and could be very problematic if you decide to travel outside the country.

Contact the members of the Judiciary Committee and ask them to vote YES on HB683.

HB12 - Under existing law, the sale of devices for sexual stimulation is prohibited. This bill would delete this provision.

This bill by Rep. John Rogers would repeal the ban on the sale of adult novelty items in the state of Alabama. Currently you can buy them here but you have to sign a piece of paper stating that the purchase is for a 'medical or other bona fide purpose'. No adult should have to sign anything in order to be able to purchase a piece of vibrating silicone. That's just plain silly!

The state has no business regulating the sale of certain items consenting adults might use in the privacy of their bedrooms. No business at all. The legislature and my bedroom in the same thought makes me cringe. YUCK! Considering that Alabama has one of the highest rates of sexually transmitted diseases in the country the sale of sex toys should not only be legal...apparently it should also be strongly encouraged. The 5th Circuit Court of Appeals recently struck down a law that banned the sale of these devices in Texas. That ruling also affected our neighbor Mississippi. That left Alabama as the only state in the US with a law banning the sale of sex toys, making us once again, along with lots of help from Attorney General Troy King, the laughingstock of the nation. Not that some of us didn't do a little laughing of our own.....



Contact the members of the judiciary committee and tell them to vote YES on HB12.

Committee contact info


marcel.black@alhouse.org
Charles.Newton@alhouse.org
Steve.McMillan@alhouse.org
Spencer.Collier@alhouse.org
Paul.DeMarco@alhouse.org
Priscilla.Dunn@alhouse.org
Chris.England@alhouse.org
Laura.Hall@alhouse.org
Tammy.Irons@alhouse.org
Jamie.Ison@alhouse.org
Marc.Keahey@alhouse.org
John.Robinson@alhouse.org
Yusuf.Salaam@alhouse.org
Howard.Sanderford@alhouse.org
Cam.Ward@alhouse.org



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