§ 36-18-35 — Unlawful Influence; Conflict of Interest; Penalties

Alabama § 36-18-35

• Jurisdiction: Alabama
• Title 36: Public Officers and Employees
• Ch. 18: Director of Forensic Sciences
• Art. 2: Dna Database System

Text

(a) Any person who confers, offers, or agrees to confer anything of value upon any director, agent, or employee of the Alabama Department of Forensic Sciences with the intent that such director’s, agent’s, or employee’s vote, opinion, judgment, or exercise of discretion or other official action will thereby be influenced, shall be guilty of a Class B felony.
(b) Any director, agent, or employee of the Alabama Department of Forensic Sciences who shall solicit, accept, or agree to accept anything of value upon any agreement or understanding that such director’s, agent’s, or employee’s vote, opinion, judgment, or exercise of discretion or other action as such director, agent, or employee will thereby be influenced, shall be guilty of a Class B felony.
(c) A director, agent, or employee of the Alabama Department of Forensic Sciences commits the crime of failing to disclose a conflict of interest if the director, agent, or employee exercises any discretionary function in connection with any contract, purchase, payment, or other pecuniary transaction pertaining to the Alabama Department of Forensic Sciences without advance public disclosure of a known potential conflicting interest in the transaction.
(1) A “potential conflicting interest” exists, but is not limited to:
A. When a director, agent, or employee of the Alabama Department of Forensic Sciences is a director, president, general manager, or similar executive officer, agent or employee of any non-governmental entity participating in such transaction.
B. When a director, agent, or employee of the Alabama Department of Forensic Sciences owns directly or indirectly a substantial portion of any non-governmental entity participating in that transaction.
C. When a director, agent or employee of the Alabama Department of Forensic Sciences endeavors to obtain directly or indirectly any pecuniary or other financial interest in, or as a result of, the pecuniary transaction.
(2) Public disclosure shall mean a public announcement and written notification to the Attorney General of the State of Alabama.
(3) Failing to disclose a conflict of interest shall be a Class C felony.

Legislative History

(Acts 1994, 1st Ex. Sess., No. 94-804, p. 109, §16.)