SB521 Alabama 2010 Session

Existing law provides for the crime of child abuse and aggravated child abuse but does not include in those crimes a prohibition against exposing a child to domestic violence

This bill would provide for the existing crime of aggravated child abuse to be aggravated child abuse in the first degree and would make exposing a child to domestic violence aggravated child abuse in the second degree, with additional penalties

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 26-15-3.1 of the Code of Alabama 1975, relating to aggravated child abuse, to provide for the existing crime of aggravated child abuse to be designated as aggravated child abuse in the first degree; to make exposing a child to domestic violence aggravated child abuse in the second degree; to impose additional penalties; and in connection therewith to 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.