Cc1064

REPORT OF CONFERENCE COMMITTEE

MR. PRESIDENT:
MR. SPEAKER:

The Conference Committee respectfully reports that it has considered HB 1064 and the amendments thereto made by the Senate, and the disagreement of the two houses thereon, and recommends that HB 1064 be amended as follows:

1064rb


     On the Senate engrossed bill, delete everything after the enacting clause and insert:

     "      Section 1.That § 22-22A-3 be amended to read as follows:

     22-22A-3.   Any person who knowingly engages in an act of sexual penetration with a person who is less than eighteen years of age and is either :

             (1)      Is at least sixteen but less than eighteen years of age; and
             (2)      Is either:
             (a)      The child of the perpetrator or the child of a spouse or former spouse of the perpetrator; or

             (b) (2)      Related to the perpetrator within degrees of consanguinity within which marriages are, by the laws of this state, declared void pursuant to § 25-1-6;

is guilty of aggravated incest. Aggravated incest is a Class 3 felony.

     Section 2. That chapter 22-22A be amended by adding thereto a NEW SECTION to read as follows:

    
     Any person eighteen years of age or older, who knowingly engages in an act of sexual penetration with a person who is less than eighteen years of age and who, at the time of the offense, has been placed, and resides, in a licensed foster home is guilty of aggravated incest if the perpetrator is:

             (1)    The licensed foster care provider; or

             (2)    A resident of the licensed foster care provider's home and related to the licensed foster care provider by blood or marriage.

     Aggravated incest is a Class 3 felony."

Respectfully submitted,                 Respectfully submitted,

____________________________            ____________________________
Joni Cutler                        Gene Abdallah
House Committee Chair                Senate Committee Chair