HB177 Alabama 2010 Session

Summary

Primary Sponsor

Mac McCutcheon

Republican

Co-Sponsors

Randy WoodDuwayne BridgesRichard J. Laird

Session

Regular Session 2010

Title

Law enforcement officers, assaults of while performing lawful duty, classified as assault in the second degree, to include off-duty officers employed by a private entity, Sec. 13A-6-21 am'd.

Description

Under existing law, a person who assaults a peace officer with an intent to prevent the peace officer from performing a lawful duty and who causes physical injury to the peace officer or another person is guilty of assault in the second degree. Assault in the second degree is a Class C felony. The courts have held that an off-duty peace officer employed by a private entity is not a peace officer unless the off-duty peace officer has witnessed a crime.

This bill would provide that an off-duty peace officer employed by a private entity would be considered a peace officer and to be performing a lawful duty in his or her approved uniform while off duty with the approval of his or her employing agency.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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Subjects

Law Enforcement Officers