HB268 Alabama 2010 Session

Under existing law, a person convicted of the crime of menacing is guilty of a Class B misdemeanor

This bill would provide that a person who commits the crime of menacing would be guilty of a Class A misdemeanor

Under existing law, a person convicted of the crime of reckless endangerment is guilty of a Class A misdemeanor

This bill would provide that a person who commits the crime of reckless endangerment would be guilty of a Class C felony

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

To amend Sections 13A-6-23 and 13A-6-24 of the Code of Alabama 1975, relating to the crimes of menacing and reckless endangerment; to increase the penalties; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of 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.