Under existing law, only certain murders are considered capital offenses for which the defendant may receive the death penalty or life imprisonment without the possibility of parole.
This bill would include as a capital offense rape in the first degree, sodomy in the first degree, and sexual torture in the first degree where the defendant is over the age 21 and the victim is less than 6 years of age.
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.
Delivered to Governor at 8:40 p.m. on June 2, 2011.
Assigned Act No. 2011-555 on 06/09/2011.
Clerk of the House Certification
Enrolled
Signature Requested
Passed Second House
Motion to Read a Third Time and Pass adopted Roll Call 1005
Third Reading Passed
Read for the second time and placed on the calendar
Read for the first time and referred to the Senate committee on Judiciary
Engrossed
Cosponsors Added
Motion to Read a Third Time and Pass adopted Roll Call 454
Motion to Adopt adopted Roll Call 453
Judiciary first Substitute Offered
Third Reading Passed
Read for the second time and placed on the calendar with 1 substitute and
Read for the first time and referred to the House of Representatives committee on Judiciary
Source: Alabama Legislature