HB811 Alabama 2010 Session

Under existing law, assault in the third degree is a Class A misdemeanor

This bill would make assault in the third degree a Class C felony if the assault is committed by a person 21 years of age or older against a person who is less than 18 years of age on school property, including on a school bus or at a school-sponsored function

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 Section 13A-6-22 of the Code of Alabama 1975, relating to assault in the third degree; to further provide for assault in the third degree if the assault is committed by a person 21 years of age or older against a person who is less than 18 years of age on school property; to provide 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.